SAVE 53-YEAR-OLD ELEPHANT IN EMERGENCY CONDITION

  • al: Syd Marcus
  • destinatario: William Jensen, Judge
Our petition demands the immediate removal and permanent retirement of tubercular Lota and the Hawthorn elephants to the Elephant Sanctuary, PAWS and Black Beauty Ranch. Time is running out for these long-suffering and highly intelligent individuals who are the very last of an endangered species.
Council for the Retirement of Lota has moved to The Petition Site due to the untimely disconnection of its previous site. Thanks to your activism and dedication Lota’s petition garnered 14,000 signatures and held the #1 Biggest position for a record 15 months!


The petition signatures and messages were not released to us. We urge you to sign again to obtain an even greater signature count which is necessary to gain further urgent assistance from important officials. Join us to urge the immediate removal of Lota and the other Hawthorn elephants from John Cuneo.



We are posting the original petition with additional updated information.



We have created this petition to ask for the public’s support in an urgent matter concerning the desperate plight of a 53-YEAR-OLD ELEPHANT NAMED LOTA.



In 1990, the Milwaukee Zoo was forced to release its elephants after overwhelming evidence of the zoo’s egregious elephant abuse was exposed to the public. All of the zoo’s elephants were retired to sanctuaries – EXCEPT LOTA.



Lota was prevented from being retired. “ Despite a public outcry, the Milwaukee Zoo DONATED Lota to the Hawthorn Corporation. The 1990 publicized transport depicted 40-year-old Lota being beaten onto a trailer, falling and urinating blood.” The USDA remained silent.



Although chronically ill, Hawthorn leased Lota to circuses. Like all circus animals, Lota traveled year round in unheated boxcars, deprived of water, food and ventilation – perpetually in chains and shackles. As a result of her deplorable life and living conditions, Lota contracted a human strain of tuberculosis and became severely emaciated.



Hawthorn Corporation is located in Richmond, Illinois. Hawthorn trains and leases elephant acts to circuses and facilities worldwide. For over a decade, the USDA has cited Hawthorn for failure to meet minimal federal standards for the care of animals used in exhibition as defined in the Animal Welfare Act (AWA). Hawthorn’s litany of violations frequently relate to its gross “failure to provide veterinary care” and “physical abuse of elephants.”



Hawthorn is continuously cited by the USDA and has accumulated $72,500 in USDA penalties. The USDA has twice suspended Hawthorn’s license. Hawthorn has repeatedly failed to comply with prescribed tuberculosis treatment protocol. As a result, five Hawthorn elephants have died from a human strain of tuberculosis. Despite decades of flagrant animal cruelty and negligence, the USDA has made no attempt to revoke Hawthorn’s license.



LOTA IS NOW 53 YEARS OF AGE. She has been enslaved for her entire life. In June 2001, Lota traveled with Walker Bros. Circus. USDA documents state that Hawthorn was cited for “ failure to provide veterinary care to Lota who was excessively thin, with a protruding spine and hip bones and sunken in eyes.” The inspector wrote, “It appears that Lota has lost a significant amount of weight.”



On October 11, 2001, the USDA reported that Lota was in a “perilously emaciated state, with a wound on her left hip.” Lota’s untreated wound, documented several months earlier, “had expanded into a large, painful, fluid-filled abscess that extended down to her mid-thigh. The property manager and trainer stated that they had never seen Lota so thin. Lota was in need of foot care and had not been weighed since 1997.” In 1996, Lota contracted a human strain of tuberculosis from the numerous Hawthorn employees who tested positive for tuberculosis.



Hawthorn’s elephant slaves are forced to endure the daily wanton brutality of Hawthorn trainers. They cannot escape their slave masters. In 1988, USDA documents described the torture of an elephant named Tyke who was performing in a circus act. While Tyke was performing, Hawthorn handler, John Caudill (a.k.a. John Walker of Walker Bros. Circus) “was observed beating the SINGLE-TUSK African elephant IN PUBLIC to the point (where) the elephant was screaming and bending down on three legs to avoid being hit. Even when the handler walked by the elephant after this, the elephant screamed and veered away, demonstrating fear from his presence.” The USDA remained silent.



In 1994, after decades of monstrous abuse, 20-year-old Tyke courageously escaped into the streets of downtown Honolulu. Rather than tranquilize and retire Tyke to a sanctuary, Honolulu police used her for target practice. For over one hour, police fired 87 bullets into her as she panicked from terror and agony. Tyke died of a massive brain hemorrhage and nerve damage.



Lota also travels with Walker Bros. Circus. Given Caudill’s brazen attitude regarding public beatings, what horrors are endured in secret by Lota and her companions? The answer can be found in John Caudill’s monstrous cruelty to a Hawthorn elephant named Delhi. In 2002, the USDA reported that “Caudill soaked Delhi’s feet in UNDILUTED FORMALDEHYDE causing severe chemical burns. Delhi was found in a serious health emergency. Both of her front legs were twice their normal size and were swollen up to her chest. She could not bend her front legs at the elbows, was reluctant to bear weight on her front legs and had difficulty in walking. The attending veterinarian did not respond in a timely manner.”



In fact, circus fans have witnessed and protested the horrific sadism of Hawthorn trainers. In 2001, a letter to the Chicago Sun-Times editor described the wanton brutality endured by Hawthorn elephants leased to Medinah Shrine Circus. The letter read, “When the elephants were brought behind the curtain, the trainer began verbally abusing and hitting the elephant. We watched in horror as he swung a stick with all his force and struck the elephant in the back of the leg…the elephant let out a scream that could be heard throughout the UIC Pavilion. The kids were frightened and asked me why the man was hurting the elephant.” The trainer was John Caudill. Yet, Caudill remains untouched by the USDA.



In January 1995, USDA documents state that Hawthorn trainer, “ David Polke, instructed Michael Pursley to command Hattie to “lay down” (sic) and then beat Hattie with an ax handle.” Gentle Hattie, gave rides to children until her death in 1996. Hattie died from untreated tuberculosis at the age of twenty-six.



“…[T]rainers also used water and food deprivation from a cattle prod on the elephants. …[H]e witnessed Tommy Thompson, manager at Cuneo’s animal facility in Richmond, Illinois, shock (hot shock) an elephant repeatedly for one-half hour in order to get the elephant to lay down (sic) and get up upon voice commands.”



The USDA cited Hawthorn for “physically abusing elephants” in June 2001. The Hawthorn handler was observed “gouging an elephant named Ronnie on the trunk with a bullhook, causing an open lesion. A different handler was observed raking the back of another elephant several times with his hook during the performance.” Hawthorn trainers have never been charged with FELONY animal cruelty.



Despite her advanced age, deteriorated state of health and years of endured brutality, the USDA has not seized Lota from Hawthorn. IN FACT, THE USDA HAS APPROVED 53-YEAR –OLD LOTA’S RETURN TO PERFORMANCE. In 2002, Lota was reported to be 700 pounds underweight. A 35-year-old Hawthorn elephant named Joyce was 1000 pounds underweight at the time of her death from untreated tuberculosis.



In flagrant disregard of Joyce’s death and Lota’s advanced age and perilous state of health, a veterinarian made the horrific decision to return Lota to the road.



Hawthorn continues to demonstrate an arrogant defiance of USDA directives and federal law. Nevertheless, the USDA has not revoked Hawthorn’s license. This long history of USDA inaction is disgraceful and untenable.



John Cuneo, the CEO of the Hawthorn Corporation, has rejected all offers to retire Lota to a sanctuary. In view of this, we wrote to Ellen Moyer, the Mayor of Annapolis, Maryland asking for her assistance. Mayor Moyer wrote to Cuneo requesting the humane retirement of Lota. Several sanctuaries are willing to provide a permanent home for Lota.



We ask that you join Mayor Moyer in demanding the immediate and permanent retirement of Lota and the permanent revocation of Hawthorn’s license.



Majestic Lota is “worthless” to Cuneo from a monetary and performance standpoint. MOREOVER, LOTA WAS DONATED TO CUNEO. By publicizing Lota’s plight, we believe that Cuneo will realize that it is in his favor to release Lota. The strength of Mayor Moyer’s request has started the momentum and we believe that Cuneo will release Lota based on a successful petition campaign.



If Lota is not currently traveling, she is warehoused in Hawthorn’s compound in Richmond, Illinois. The facility is unheated and deplorable. IF LOTA IS NOT RETIRED, SHE WILL CERTAINLY DIE. It would certainly be in Cuneo’s favor to retire Lota - rather than for her to die at Hawthorn. Lota’s death would create additionally bad publicity for Cuneo.



With proper medical care and a natural environment, Lota can still enjoy freedom (albeit man-made), companions and the security of a permanent home – all of which she has been denied.



Please assist us in securing this majestic individual’s long overdue retirement. MORE THAN EVER, LOTA NEEDS YOUR HELP NOW.



YOU CAN DO EVEN MORE TO HELP LOTA.



After signing this petition, Contact John Cuneo. DEMAND THAT HE RETIRE LOTA NOW. TIME IS RUNNING OUT FOR 53-YEAR-OLD LOTA.



John Cuneo

23675 W. Chardon Road

Grayslake, IL 60030
Tel: 847 546-0717
Fax: 847 546-3454

Contact the U.S. Secretary of Agriculture and URGE HER TO SEIZE LOTA NOW AND IMMEDIATELY RETIRE HER TO A SANCTUARY. Urge Secretary Veneman to PERMANENTLY REVOKE HAWTHORN’S LICENSE. Your taxpayer dollars support the USDA.



The Honorable Ann M. Veneman, Secretary

U.S. Department of Agriculture

1400 Independence Avenue, S.W.

Washington, DC 20250

Tel: 202 720-3631

Fax: 202 720-2166

Email: agsec@usda.gov





From the onset of Lota’s petition, our ultimate goal was the seizure and permanent retirement of the 19 Hawthorn elephants to the Elephant Sanctuary, PAWS and Black Beauty Ranch. We also urged the immediate confiscation of Cuneo’s 87 big cats. We strongly oppose the transfer of the Hawthorn elephants to zoos, the Riddles “sanctuary,” circuses and theme parks.



Our ongoing Lota Action Alerts urged signatories to take a proactive stance by writing to legislators and USDA officials. In April 2003, due to our multi-thousand signature count and the dedicated activism of our signatories, USDA filed a federal complaint against John Cuneo, the Hawthorn Corporation, Hawthorn trainers and Walker Bros. Circus. In November 2003, USDA seized 57-year-old Delhi and retired her to the Elephant Sanctuary.



In March 2004, to avoid license revocation and a trial, John Cuneo and Hawthorn Corporation admitted guilt to willful violations of the AWA and other charges. USDA/APHIS entered into a Consent Decision and Order against Cuneo and ordered him to pay a $200,000 civil penalty.



The Consent Decision and Order required Cuneo to transfer 16 Hawthorn elephants by August 15, 2004 to USDA approved facilities to avoid license revocation. However, Cuneo and USDA have not accounted for the disappearance and probable death of 3 Hawthorn elephants. Negotiations to transfer tubercular Lota and Misty to the Elephant Sanctuary are still in progress.



Shortly before the removal deadline, in an deliberate and egregious manipulation of the legal system, Cuneo’s attorneys filed motions with Administative Law Judge Marc Hillson to change the deadline and vacate the settlement. Judge Hillson stayed the deadline - thus allowing Cuneo to keep the suffering elephants.



Significantly, USDA has violated federal laws by permitting Cuneo to keep the elephants and continue to work these perilously ill individuals in circuses – despite a federal decision and order which mandates that he relinquish them. The Hawthorn elephants are being used as pawns in a high stakes game.



USDA is appealing Hillson’s highly precedential ruling to USDA Judicial Officer, William Jenson. Hillson’s unconscionable ruling is deliberately crafted to allow Cuneo to further abuse and continue to earn millions off the backs of these helpless slaves throughout the lengthy appeal process.



Urge Judge Jenson to immediately remove the Hawthorn elephants to the Elephant Sanctuary, PAWS and Black Beauty Ranch and immediately prohibit their slave labor in circuses.



The Honorable William Jenson

Judicial Officer – USDA

1400 Independence Avenue, S.W.

Room 1449 South Building

Washington, DC 20250

Tel: 202 720-4764

Fax: 202 205 2959

Email: william.jenson@usda.gov



TIME IS RUNNING OUT FOR THE HAWTHORN ELEPHANTS!



See our Lota Action Alerts on the comment board for updates and contact information.



Contact us at land@writeme.com



** UPDATE - MARCH 2005 **


I regret to inform you that USDA Deputy Administrator of Animal Care Chester A.
Gipson notified me by attached letter that Lota, one of the Hawthorn elephants, died
on 2/9/2004. Also that Tess died 11/1/2004 in the Hawthorn Illinois facility.
Agency officials are reviewing the necropsy results. I had sent correspondence to
the US President and USDA several weeks ago, regarding our attempts to take the
elephants and tigers away from Hawthorne, which this was their regrettable response.
Shirley Taylor. Chester Gipson's USDA address states: 4700 River Road, Riverdale, MD
20737. He states they are "actively pursing various options with regard to placement
of the remaining elephants and are continuing to condut unannounced inspections of
the Hawthorn Corporation's facilities and regulated aimals."



MORE THAN EVER, LOTA AND THE HAWTHORN ELEPHANTS NEED YOUR HELP NOW!
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