Pets And Animals

LOS ANGELES Actor Robert Culp is appealing a judge's decision to dismiss his lawsuit seeking to stop construction of a new elephant exhibit at the Los Angeles Zoo.

In a lawsuit filed in August 2007, Culp and real estate agent Aaron Leider alleged the zoo withheld medical care, confined elephants in too small an area and used bull hooks and electric shock to control them. They also maintained a larger exhibit would be a waste of taxpayer money.

While calling their arguments compelling -- including opinions from experts as far away as Australia -- Los Angeles Superior Court Judge John Shepard Wiley said they should use the political process to appeal to the City Council members who voted to keep the exhibit.

Instead, on Monda, Culp appealed the judge's decision, saying there is nothing "political about wasting city resources, spending tens of millions of taxpayer dollars." His appeal further says there is "no statutory or judicially created political question exception which permits abusive, illegal treatment of animals or damage to public property."

The Los Angeles Zoo's elephant exhibit is currently home to a 22-year-old Asian elephant named Billy. The $42 million exhibit under construction will be called Pachyderm Forest. It will be able to hold five additional adult elephants and three offspring in 3 1/2-acre areas featuring two pools and a waterfall, according to zoo officials.

The City Council approved construction of Pachyderm Forest in 2006 and reaffirmed its decision with a vote in January to continue construction and reject a proposal to move the zoo's lone elephant to a sanctuary. In addition, the Greater Los Angeles Zoo Association agreed to donate additional private funds to lower the city's debt payments.

According to appellate court papers filed by the city asking that Wiley's decision be upheld, the City Administrative Officer asserted taxpayers would end up paying more money if the city abandoned the project because the city would have to repay the county $5 million in bond monies. The city also maintains the private donation from GLAZA significantly offsets the city's expenses.

"With GLAZA's increased donation, the city's cost in constructing the exhibit is completely mitigated, thereby rendering (Culp's) taxpayer claim moot," according to the city's court papers.

However, Culp noted that zoo officials went to the City Council June 16 to ask for an additional $1.1 million for the project's second stage.

"As such, the city's claim that this expansion does not include taxpayer funds is deceptive," according to the actor's court papers.

Culp's papers maintain there are other ways to care for elephants, including the acquisition of land to allow them more space to live and roam.

"There are many ways to house these majestic animals without confining them in tiny spaces, on hard ground, where this zoo has historically prodded, beaten and shocked them to force them to comply with daily demands created by their close quarters with man," according to Culp's court papers.

One Los Angeles Zoo elephant, Tara, died in December 2004 of arthritis and another, Gita, died in June 2006 of systemic infections due to arthritis.

Deputy City Attorney John Carvalho stated in his Superior Court papers that the zoo has been exhibiting elephants since 1966. He also said Billy has nearly 9,000 square feet on which to wander, has four full-time keepers and five full-time veterinarians, is exercised daily and is never disciplined because zoo management prohibits abusive treatment.

The appellate court has not yet set a date for oral arguments.

The 78-year-old Culp co-starred with Bill Cosby in the 1960s TV series "I Spy."

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)