Praise outside the tent


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  • | 10:00 a.m. May 23, 2014
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Feld Entertainment, the firm behind Ringling Bros. and Barnum & Bailey Circus, recently picked up some applause from people other than the fans in the seats.

The praise comes from some newspaper opinion writers and national law bloggers who cheered Feld's latest victory in a long-running legal drama that pitted the firm against multiple animal rights groups. The win: The Humane Society of the United States and co-defendants paid Feld $15.75 million to settle several cases. That follows a $9.3 million settlement the American Society for the Prevention of Cruelty to Animals agreed to in December 2012.

The settlements stem from a series of lawsuits and litigation that goes back to 2000, when multiple animal rights groups accused Feld and its employees of mistreating Asian elephants. But a federal judge in the case, in a March 2013 ruling, called the accusations “frivolous, unreasonable and groundless.” The judge added that the plaintiffs, which in some particular cases didn't include the Humane Society, “were unable to produce any credible evidence that any of them had standing to pursue their claims.”

Feld, which recently completed a $30 million renovation and expansion of its global production headquarters in north Manatee County, always denied the claims. The firm also filed separate claims against the animal rights groups under racketeering laws. The latest settlement and payout, say Feld officials and attorneys, is vindication the firm doesn't mistreat elephants. “This settlement is a significant milestone for our family-owned business and all the dedicated men and women who care for the Ringling Bros. herd of 42 Asian elephants,” Feld Chairman and CEO Kenneth Feld says in a statement.

Feld adds that he hopes the settlement and judicial rebuke “will deter individuals and organizations from bringing frivolous litigation like this in the future.” That point is also made in a May 17 Wall Street Journal op-ed piece and in several legal blogs, especially those with an anti-trial lawyer bent. “The standard business response to harassing litigation is to settle to avoid more costs and bad publicity, rather than trusting the legal system to vindicate the innocent,” the Wall Street Journal writes. “But the family-run Feld Entertainment shows what companies can do when they have the courage to fight back against abusive litigation.”

Courage aside, Feld's fight against the animal rights accusations isn't likely to go away completely just because of the legal victory. For example, People for the Ethical Treatment of Animals released its own statement the same day Feld announced the Humane Society settlement. PETA officials say Kenneth Feld should “be deeply ashamed of taking money from animal protection groups.”

The statement, from PETA Foundation Deputy General Counsel for Captive Animal Law Enforcement Delcianna Winders, echoes similar concerns from other animal rights groups. Says Winders: “Ringling is the SeaWorld of the circus industry, imprisoning giant land mammals instead of orcas, and it should be shunned by anyone who appreciates animals in their natural habitats — where they belong.”

 

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