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
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Notice of Intent to Sue Sent to Tiger Creek for Violating Endangered Species Act
The Act has authority to protect federally endangered and threatened animals such as the tigers, lions, and ring-tailed lemurs enduring inadequate treatment at Tiger CreekJanuary 10, 2022 Press Release -
Big Cat Public Safety Act Reintroduced in Senate
Bill aims to help end the rampant abuse of tigers and other big cats in captivity by banning private possessionApril 20, 2021 Press Release -
Wisconsin Roadside Zoo Owner and Manager Banned from Possessing and Working with Animals
The court’s decision ensures Special Memories Zoo is permanently closed following Animal Legal Defense Fund lawsuitJanuary 15, 2021 Press Release
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