The California Supreme Court on May 25 overturned a lower court ruling on the humane treatment of elephants at the Los Angeles Zoo because of a technicality in the way the lawsuit was originally filed.

But the decision will not change the way the elephants are cared for, according to zoo officials, who insisted that the pachyderms are treated humanely. The decision also does not affect an effort by Los Angeles City Councilman Paul Koretz, 5th District, to have the zoo’s male elephant, Billy, moved to a sanctuary.

The California Supreme Court voided an injunction issued by the Los Angeles Superior Court in 2012 because the justices said the vehicle by which the lawsuit was filed was erroneous. The lawsuit by attorney David B. Casselman, filed on behalf of real estate agent Aaron Leider, was a civil lawsuit filed by a taxpayer against a government agency. The justices ruled that the lawsuit alleged criminal behavior – cruelty to animals – and not the wasting of taxpayer funds, and thus should have been a criminal lawsuit.

The Los Angeles City Council’s Personnel and Animal Welfare Committee will consider a motion by councilman Paul Koretz seeking to have Billy the Elephant moved from the Los Angeles Zoo to a sanctuary.
(photo courtesy of the Los Angeles Zoo)

Casselman did not return a call seeking comment. Melya Kaplan, executive director of Voice for the Animals, who with actress Lily Tomlin filed a different lawsuit about treatment of the elephants at the zoo using the same approach, said she will not be deterred in pressing for better treatment of the elephants. A ruling on their lawsuit was found to be contradictory to the ruling in the Casselman lawsuit, and they are now both void, she said.

“I was not surprised,” Kaplan said. “I understand why the court issued the ruling. Cruelty is a criminal action and we were suing in civil court.”

The lawsuit that was overturned required the zoo to exercise the elephants on soft ground in a way that has less impact on their legs and feet. The zoo contends that it follows that method of exercising the elephants – Billy, Jewel and Tina – and that will not change.

“The recent California Supreme Court decision validates what Angelenos already know: the L.A. Zoo and its staff provide the highest level of care for our elephants – and all our animals,” read a statement provided by the Los Angeles Zoo. “Our elephants live in one of the best – and largest – elephant habitats in North America at a state-of-the-art facility where they benefit from tremendous resources, a dedicated staff and top-quality health care.”

Kaplan and Koretz take issue with that assessment, and contend Billy, the sole male elephant at the zoo, should be moved to a sanctuary. Billy is kept apart from the female elephants because he could be a danger to them, said L.A. Zoo curator of mammals Josh Sisk. At 32 years old, Billy is of breeding age and the females, in their 50s, are past reproductive age. Billy also bobs his head continuously in a manner Koretz and animal welfare advocates claim indicates distress.

“For many years, Billy has lived in an area completely unnatural for an animal of his size and of his stature,” Koretz said. “It’s sad and wrong to see any animal living in captivity, in social isolation, restricted in movement and physical activity. In fact, he has long been displaying stereotypic behavior, such as repetitive head bobbing, which goes on for extended periods of time.”

Sisk said in April that Billy’s head bobbing is “stereotypical” behavior for elephants in captivity and does not mean he is in pain or discomfort.

Koretz’s motion to have Billy removed from the zoo will next be heard in the Council’s Personnel and Animal Welfare Committee at a date to be determined, said Koretz’s communications director Alison Simard.

“This Supreme Court ruling has no effect on our momentum working toward the goal of getting Billy to an animal sanctuary as soon as possible,” Simard added.

Kaplan said it is unclear whether there is any further recourse after the California Supreme Court’s Decision, and she will now turn her attention to having Billy removed from the zoo.

“Even though we can’t sue, it doesn’t stop the facts,” Kaplan said. “It’s a technicality. I don’t agree with that, but I understand that.”