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Oct 29, 2007 1:49 pm US/Pacific
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Judge Refuses To Dismiss Elephant Abuse Suit
L.A. Zoo Accused Of Abusing, Neglecting Elephants
LOS ANGELES (CBS) ―
A judge Monday refused to dismiss a lawsuit brought by actor Robert Culp and real estate agent Aaron Leider, who allege Los Angeles Zoo elephants are abused and neglected.
In the suit, filed Aug. 2, the men accuse zoo authorities of withholding medical care, keeping the animals confined in a small area and using bull hooks and electric shock to control them.
The lawsuit seeks to close the exhibit where a 21-year-old male pachyderm named Billy is kept, and to stop a proposed $39 million expansion.
In a brief morning hearing, Judge Reginald A. Dunn denied the city's motion contesting the legal sufficiency of a complaint.
Deputy City Attorney John A. Carvalho argued that the issue is a political dispute, not a legal one, and said the zoo is in full compliance with federal and state statutes.
There is "no legal standard that the plaintiffs point to in their complaint," Carvalho argued. "There is no standard by which you can look to once this case proceeds."
Attorney David Casselman, who represents Culp and Leider, said the ruling makes it "a great day for elephants."
For the past 33 years, 13 of the zoo's 31 elephants have died prematurely, according to the lawsuit.
"Every fact in the complaint came from (the city's) own records," Casselman said. "We're confident that we will ultimately prevail."
Earlier this year, the Los Angeles City Council agreed to spend $39 million on an Asian elephant exhibit, totaling 6 acres, 3.7 acres of which would allow the pachyderms to roam more freely. They currently live in a half-acre enclosure.
The exhibit, which is set to open in 2009, is meant to hold up to five adult Asian elephants and three of their offspring.
Animal-rights activists have long complained about the zoo's treatment of elephants. In May, Ruby, a 46-year-old African elephant, was moved to the Performing Animal Welfare Society Elephant Sanctuary in Northern California, where she and three other elephants have 70 acres on which to roam.
Another zoo elephant, Gita, died in June 2006. According to a necropsy performed on the animal, Gita died of cardiac failure associated with blood clots blocking the right chamber and major vessels of her heart. An investigation determined that zoo officials were slow to react after the elephant was reported in a downed position.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)