People for the Ethical Treatment of Animals (PETA)
and Animal Legal Defense Fund (ALDF)
August 2012
[Ed. Note: See original Alert, Save Ben the Bear!. THANK YOU for taking action]
When Ben explored his vast new, spacious habitat for the first time, he pawed at and smelled the ground—likely the first time he had ever felt grass beneath his paws. Within minutes, he was already bathing and splashing in his own pool, ridding his body of grime for the first time in years. That night, he slept soundly on a comfortable bed of fresh hay and natural foliage.
From PETA:
After a long and hard-fought battle by PETA, the Animal Legal Defense Fund,
and concerned citizens, "Ben the Bear" has been rescued from abhorrent
conditions at a North Carolina roadside zoo and will now live out the rest
of his life at the Performing Animal
Welfare Society (PAWS), a beautiful accredited wildlife sanctuary in
northern California.
Before his relocation, Ben spent six long years imprisoned at Jambbas Ranch.
Deemed nothing more than "Attraction no. 2" and locked away in a small
kennel, Ben was deprived of even the most basic necessities. His world
consisted of nothing more than a barren 12-foot-by-22-foot concrete floor
and a chain-link fence with an old bowling ball and some moldy stumps of
wood. He was fed dry dog food, which his "caretakers" dumped onto the same
concrete floor where he urinated and defecated. His interaction with others
was limited to being gawked at by passersby, listening to screaming
children, and getting the occasional piece of bread tossed to him by a
tourist.
Ben spent his waking hours pacing, a result of profound deprivation and a
sign of chronic distress. Two concerned citizens saw him and agreed to take
action. With our help, they filed a cruelty-to-animals lawsuit. Their case
was heard by Cumberland County Court District Judge Kimbrell Tucker, who saw
that the evidence was clear: Ben's needs were "not being met dietarily,
veterinarily, and, most importantly, environmentally." The judge stated that
Ben's enclosure did "not meet the requirements … for this bear's health and
well-being." She issued a preliminary injunction that allowed PETA to
transfer Ben to California pending her final ruling in the case. A happy
day!
FedEx immediately agreed to help fly Ben across the country for free. His
safety and comfort were essential, and PETA made sure that he traveled in
climate-controlled transport trucks to and from the airport and was
accompanied by a transport team—veterinary expert Mel Richardson, Ed Stewart
from PAWS Sanctuary, and PETA attorney Carney Anne Chester—throughout the
trip. The flight crew cheerfully dubbed their mission "Bear Force One."
When Ben explored his vast new, spacious habitat for the first time, he
pawed at and smelled the ground—likely the first time he had ever felt grass
beneath his paws. Within minutes, he was already bathing and splashing in
his own pool, ridding his body of grime for the first time in years. That
night, he slept soundly on a comfortable bed of fresh hay and natural
foliage.
On August 27, the court ruled in Ben's favor, and thanks to the judge and
all those who worked hard to make it happen, the sanctuary is now his
permanent home. Ben will continue to bask in the sun, roll in the grass,
splash in the water, and act on his natural instincts to forage, explore,
and hibernate in a 2-acre habitat designed especially for him. For the first
time, Ben will finally get to live like a bear.
Ben's rescue would not have been possible without the support of caring PETA
supporters like you! Please help us save more animals by supporting PETA's
Investigations & Rescue Fund today.
From Animal Legal Defense Fund (ALDF):
Lawsuit Against Jambbas Ranch Means New Life for Bear Who Had Languished for
Years on Cement in Chain-Link Kennel
Fayetteville, N.C. — Cumberland County District Court Judge Kimbrell Tucker,
in a lawsuit brought by concerned North Carolina citizens represented by
PETA, the Animal Legal Defense Fund (ALDF), and local counsel, has signed a
permanent injunction that allows a bear named Ben—who had been confined to a
barren concrete cage at Fayetteville-based roadside zoo Jambbas Ranch Tours
for six years—to reside permanently at the Performing Animal Welfare Society
(PAWS) sanctuary in California, where he can forage, swim, and build his den
under trees.
Ben lived in solitary confinement at Jambbas Ranch, which caused him to
suffer physically and psychologically. He was denied everything that is
natural and important to bears. Judge Tucker entered a permanent injunction
that ended Jambbas' ownership of Ben and awarded permanent ownership and
custody to PAWS. Ben was flown to California via a FedEx climate-controlled
plane on August 9 after Judge Tucker issued a preliminary injunction. The
permanent injunction also forbids Jambbas from acquiring, owning, or
possessing any bears in the future; seeking any state wildlife captivity
licenses or endangered species permits relating to owning or possessing any
bears; and using Ben's former concrete cage as the primary enclosure for any
wild or exotic animal.
At the PAWS sanctuary, Ben is thriving in a vast natural habitat—one that is
measured in acres, not feet and inches—where he bathes in his own pool, rubs
his back on trees, and sleeps soundly in his large straw nest under oak
trees.
"Ben now has the chance to live like a bear again, finally able to roam,
play, and forage," says General Counsel to PETA Jeffrey S. Kerr. PETA's
local counsel, Calley Gerber, adds, "Today's news ushers in a victory for
animals across North Carolina who are confined in similarly cruel
conditions."
Ben in his new clean pool, able to clean himself thoroughly for the first
time in years!
ALDF Executive Director Stephen Wells says, "Ben's treatment was cruel and
illegal under North Carolina law, and the court stopped it, plain and
simple." Adds ALDF local counsel, Gavin Parsons, "We're very pleased with
the court's order and wish Ben well in his new home."
Video footage of the transfer and of Ben in his new habitat at PAWS is
available upon request.
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