Tony the Tiger: The Individual
USDC: Animal Legal Defense Fund v. USDA #17-cv-03903-PJH
The Animal Legal Defense Fund filed a lawsuit against the USDA under FOIA for its failure to expedite records relating to Tony the tiger where those records related to potential imminent risks to Tony’s physical safety.
Next Step
Reviewing Additional Legal Options
The Animal Legal Defense Fund requested that the USDA conduct an inspection of Tony the Tiger after learning that his health was in decline. We submitted a Freedom of Information Act (FOIA) request for the inspection report and requested expedited processing, which FOIA requires when delayed disclosure “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.”
Our request for expedited processing was denied because the USDA asserted that Tony is not an “individual” because the term applies only to humans.
The Animal Legal Defense Fund sued because the USDA’s interpretation of “individual” as limited to humans does not comport with the common meaning of that term. Indeed, Merriam-Webster defines “individual” as “a particular being or thing as distinguished from a class, species or collection,” which applies to humans and nonhuman animals alike.
Importantly, Merriam-Webster specifically refers to tigers in its usage examples of the term, stating: “[t]he markings on tigers are unique to each individual.”
Oral arguments in the appeal took place on June 12, 2019 in Anchorage, Alaska.
Recent News
-
Animal Legal Defense Fund Files Lawsuit to Protect the Endangered Species Act
Lawsuit alleges the government has unlawfully weakened protections for threatened and endangered speciesOctober 22, 2019 Press Release -
Animal Legal Defense Fund Sends Notice of Intent to Sue Wisconsin Roadside Zoo
Endangered animals including lions, tigers, and gray wolves suffer in squalid conditions at Special Memories Zoo.September 10, 2019 Press Release -
Federal Appeals Court Reinstates Lawsuit Challenging USDA Secrecy on Animal Welfare Act Records
Animal protection coalition wins important victory in fight to restore animal welfare databasesAugust 29, 2019 Press Release
Related Cases
-
Revoke Permit for Tony the Truck Stop Tiger
Animal Legal Defense Fund, Warren Triche Jr., Brandi J. Sutten and Jennifer Torquati v. State of Louisiana Department of Wildlife and Fisheries
-
Upholding Lousiana’s Big Cat Ban
Michael Sandlin and Tiger Truck Stop, Inc. v. State of Louisiana ...., Through Its Secretary Robert J. Barham, Attorney General of the State of Louisiana, James D. "Buddy" Caldwell, and Iberville Parish Through Its President, J. Mitchell Ourso, JR.
-
Challenging the Treatment of Animals at Special Memories Zoo
Animal Legal Defense Fund v. Special Memories Zoo, LLC et al.
Looking for case and legal resources? View Resources
See More
You Can Protect Animals
Since 1979, the Animal Legal Defense Fund has led the charge to win animals the legal protection they so desperately need—and deserve. Your generous gift will assure that we can continue to take on cases that advance the interests of animals.