ELR Citation: 51 ELR 20010
No(s). 20-cv-0423-JFH (E.D. Okla. Jan 15, 2021) (Heil, J.)

A district court granted the U.S. government's motions for preliminary injunction and temporary restraining order in a lawsuit concerning owners' care of animals at two facilities in Oklahoma.The government sought an order declaring the owners had violated the ESA and the Animal Welfare Act (AWA); enjoining them from interfering with USDA inspections of their facilities, from exhibiting animals without a license, and from placing animals' health and safety at risk; and requiring them to relinquish possession of all ESA-protected animals. The court concluded the government could likely demonstrate that the owners had "harmed" or "harassed" numerous ESA-protected animals, and that they were exhibitors subject to the AWA's provisions, were exhibiting animals without a license, and had failed to employ an attending veterinarian. Because the government demonstrated the owners were placing the health of their animals in serious danger in violation of the ESA and by failing to comply with applicable AWA provisions, the court found injunctive relief was necessary. It granted the government's motions, and ordered the owners to, among other things, stop exhibiting animals protected by the ESA and the AWA without a valid license, retain a qualified attending veterinarian, permit routine inspections of their facilities, and relinquish all big cats one year or younger to the government to be transferred to reputable facilities.