Natural Bridge Zoo can keep 39 of 100 seized animals, judge rules
This story is part of our ongoing coverage of The Natural Bridge Zoo's legal problems starting with a Dec. 6, 2023 search warrant. To catch up from the beginning, click here.
LEXINGTON — The fate of 100 animals seized from the Natural Bridge Zoo has been decided. Judge John Gregory Mooney, after the three days of testimony against and in favor of the zoo, released his conclusions in the case.
The court, not having the authority to "regulate or supervise" the zoo, could only consider the animals that were taken and no ruling on the "overall conditions and practices at Natural Bridge Zoo" were made. This means there was no consideration for animals not seized on Dec. 6 and 7, such as Asha the elephant or the animals left behind with improvement plans.
Typically, civil cases dealing with personal property seizure only require "a preponderance of the evidence" for the state to keep the property against the wishes of its owner. This "more likely than not" standard was not applicable here — when it comes to seizing animals, evidence must be "beyond a reasonable doubt."
On first impression, the court found “with respect to all impounded animals” the “animals were subject to cruelty or inadequate care” as defined by the Virginia State Code. If the "more likely than not" standard were used here, this could be all the state needed to keep all 100 animals. This is not the standard though — Mooney was “unable to fairly conclude that there is no reasonable doubt with respect to certain of the animals" after "careful and repeated review of the evidence and exhibits."
Mooney noted the “opinions of competing experts were in substantial conflict,” something that reflects the contrast between the state witnesses on scene the day of the raid and the defense’s witnesses, who only saw photos of and documents about the animals, with the giraffes excepting.
This means that of the 100 animals impounded, 61 will remain with the state and 39 will be returned to the zoo. The returned animals include two red ruffed lemurs, three black and white lemurs, six ring tailed lemur, 15 macaws, two pink grey cockatoos, two Burmese pythons, two ball pythons, one skink, one mini donkey, one donkey, two llama, one sheep, and one dog.
The four giraffes, left behind at the zoo after the December warrant, will be taken by the state. The remainder of the 61 include 12 white-faced capuchin (monkeys), four brown-faced capuchin, six cotton top tamarin (monkeys), two gibbon (monkeys), two sacred ibis (birds), three ground hornbills (birds), one kookaburra (birds), four amazon parrots, one sulfur-crested cockatoo, one serval (an African wildcat), five red-eared sliders (turtles), one painted turtle, and 14 tortoises. The final animal is baby monkey born after the seizure.
Victoria LaCivita, Director of Communications with the Virginia Attorney General’s Office, told The News Leader, “We do not comment on ongoing investigation.”
Attempts to reach out to the Natural Bridge Zoo defense have not been answered as of press time. On Jan. 5, the zoo posted a link to a fundraiser on their Facebook page, saying, “Some of those we loved can never be with us again:( Some were taken and need to come home, and we must fight with everything we have, emotionally, professionally and financially. Any support is incredibly appreciated. From the deepest depths of my soul, … I thank you all for your kind words and support in this time.”
PETA Senior Vice President of Cruelty Investigations Daphna Nachminovitch, who was present for the proceedings, sent a statement to The News Leader:
“Expert witnesses for the Commonwealth painted a grim picture for animals at the Natural Bridge Zoo, many of whom surely hadn’t experienced good care and husbandry until being seized in early December. The facility has a long history of flouting state and federal animal protection laws, incurring numerous citations and even fines for failure to meet the meager requirements of the federal Animal Welfare Act. While the court’s decision allows dozens of animals the opportunity to finally receive the specialized care they deserve, PETA is disappointed that some of this roadside zoo’s victims may be re-subjected to the conditions from which they were confiscated.”
This article originally appeared on Staunton News Leader: Natural Bridge Zoo can keep 39 of 100 seized animals, judge rules
