**Tina and Jewel:**

**Caught in the web of circus industry neglect and abuse\
**

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Tina and Jewel are two Asian elephants in their early forties who have
lived most of their lives in the circus. For decades, they have been
"owned" and by the Cole Brothers Circus and trucked around the country
to perform in shows and give elephant rides. In 2006, amidst amassing
Animal Welfare Act (AWA) violations and after seven of its elephants
died or became too disabled to work, Cole Brothers leased Tina and Jewel
to Gigi's Exotics and its proprietress Gigi Davenport.

Both Cole Brothers Circus and the Davenport family have an egregious
history of elephant abuse and neglect, as the chronology below
documents.

USDA inspection reports on both Tina and Jewel document the abusive and
negligent treatment to which these elephants have been subjected over
the past decade and a half. The reports document repeated beatings of
both elephants and abusive use of the bullhook on them, producing wounds
to their bodies; chronic lack of adequate veterinary care, foot and skin
care resulting in severe weight loss, overgrown feet, scaling dead skin
and urine scalds on legs; lack of legally-required testing for
tuberculosis, endangering both the health of the elephants

Life under these abusive conditions has taken its toll on these
elephants. In fall 2006, while traveling with Cole Brothers circus, both
elephants appeared gaunt, sick and broken. In Spring 2007, they
reappeared in LE Barnes and Bailey Circus looking even worse. In March
2007, USDA ordered that Jewel be taken off the road, noting that she had
lost an appalling 2,000 pounds. A veterinary expert confirmed that both
elephants had suffered "alarming weight loss."

Jewel and Tina disappeared from public view. In July 2006, In Defense of
animals located them in rural Texas at an unapproved Davenport facility
in Leggett. They had spent several months confined there to a 20 X 20
slab of concrete, surrounded by circus refuse, or locked inside an
unventilated tin barn.

In August, the elephants were reportedly given access to a larger
outdoor yard, in a space that is still well under an acre in size. They
remain at the unapproved Leggett, TX, and continue to be at the mercy of
circus interests with a long history of abusing elephants and violating
federal animal welfare law.

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Tina and Jewel confined by hotwire to a 20 x 20 concrete slab in Leggett

**Chronology of Elephant Abuse and Neglect**

**History of the Cole Brothers Circus and the Davenport Circus
Interests**

1994-1997: King Royal Circus cited repeatedly for Animal Welfare Act
(AWA) violations for failing to provide adequate veterinary care,
failing to provide adequate space, and failing to handle animals
humanely. (For details, see <http://www.circuses.com/fact-king.asp>)

August 12, 1996: King Royal formally charged with Animal Welfare Act
violations and assessed an \$8,000 fine in conjunction with the public
beating of a young bull elephant named Mickey. King Royal
trainer/exhibitor Bela Tabek's USDA license is revoked.

March, 1997: An Cole Brothers Circus elephant named Ola died under
suspicious circumstances at age 40. Cole received a warning from the
USDA as result of this death. The circus tranquilized Ola to trim her
feet (not standard procedure), and for 28 -- 29 hours leading up to her
death, Ola was unable to stand. The other Clyde Beatty-Cole Bros
elephants were only 30 miles away and could have been brought to the
facility to help lift her to a standing position.

A circus employee claimed that because Ola was no longer a performing
elephant due to hip problems, she **was of no use to the circus
anymore**.

July, 1997: USDA launches investigation of Clyde Beatty-Cole Brothers
for alleged violations of the AWA and regulations.

August 6, 1997: King Royal Circus crammed three elephants and eight
llamas into a poorly ventilated trailer in Albuquerque, NM which
resulted in the death of one baby elephant named Heather. Police
estimated the temperature inside the trailer to be approximately 120
degrees. State and local officials confiscated the remaining animals and
charged King Royal employees with violating local animal cruelty laws

August 27, 1997: King Royal proprietor John ("Gopher") Davenport is
formally charged with Animal Welfare Act violations relating to the
death of Heather. Among the violations: failing to provide adequate vet
care and failing to provide "urgently-needed" veterinary care to animals
in need; handling animals in an inhumane and stressful manner;
transporting animals in a cargo space that not properly ventilated or
safely constructed; transporting animals in obvious physical distress;
failing to provide elephants with food appropriate for that species.

Of the charges, Michael V. Dunn, USDA assistant secretary said, "It
appears that the death of Davenport\'s elephant Heather is a direct
result of gross neglect . . . Treating animals in a manner that
ultimately threatens their safety will not be tolerated.\"

January 1998: Federal administrative court upholds the charges against
John Davenport. His USDA exhibitor license is revoked, he is permanently
barred from the exotic animal business and he is assessed a \$200,000
fine, one of the largest ever assessed in the history of the Animal
Welfare Act. Davenport has allegedly continued to operate, however,
under USDA exhibitor licenses held by his wife Gigi (Gigi's Exotics),
son Juan Davenport, niece Billie Davenport, and another Davenport
interest "Maximus Tons of Fun."

Feb. 2, 1998: The USDA cited Clyde Beatty-Cole Brothers: "All elephants
are in need of foot care. Elephants have cracked nails, overgrown soles
and cuticles." Also cited for failure to maintain records of foot care
procedures, of the cause and treatment for several observed
abrasions/lesions, and of the administration

of medication.

June 3, 1998: The USDA cited Clyde Beatty- Cole Brothers for
noncompliance with the AWA. "Two of the six elephants had **obvious hook
mark wounds** on their rear legs. Some hook marks were also observed
under the jaw of one elephant." Further, it was noted that the circus
had failed to provide shade for the elephants.

June 12, 1998: Cited by the USDA for failing to provide shelter for the
elephants, and for the primary enclosure needing repairs. Cited again
for inappropriate handling; "On a previous inspection, two of the six
elephants had obvious hook marks present. During the inspection today,
**four of the six elephants were observed with what appears to be hook
marks**."

Aug. 14, 1998: In an article in the newspaper The Tennessean, the circus
admitted to puncturing an elephant's skin and stated, "We had a guy who
put a couple of boils on an elephant, where you hook them too hard and
puncture the skin."

Sept. 10 and 11, 1998: The USDA cited Clyde Beatty-Cole Brothers for
failure to have an attending veterinarian or a program of adequate
veterinary care. The inspector noted that three of the elephants (Conti,
Helen and Pete) are "intermittently demonstrating some abnormalities in
gait and other movement that might be age related. Helen may also be
exhibiting some of these partially due to previous injuries," and
ordered that "Performance behaviors and requirements and other
circumstances that might cause pain, distress or strain on the
individual animals should be addressed."

Nov. 17 and 18, 1998: The USDA cited Clyde Beatty-Cole Brothers for
failure to allow access to and inspection of the records. The circus
would not provide the inspector with a report concerning the health of
the elephants. The inspector also noted scabs on the backs and behind
the ears of the elephants. Medical records indicated that these injuries
were not examined or treated by a veterinarian. The circus was also
cited for storage of food and bedding in a manner which would not
prevent contamination: "The back of truck #61 which stores the grain is
dirty. There are cups, an empty cigarette pack, a gas powered weed
eater, and spilled grain on the floor...This area also serves as storage
for a can of paint as well."

April, 1999: The USDA charged Clyde Beatty- Cole Brothers circus with
Animal Welfare Act (AWA) violations. According to a statement by Michael
Dunn, Undersecretary for the USDA's marketing and regulatory programs,
"We believe that **on numerous occasions employees of the Clyde
Beatty-Cole Brothers Circus abusively used an elephant hook on several
animals. Charges of abuse are always among the most serious. And, it
both angers and saddens me when I hear allegations such as these."**

August, 1999 Petunia (Pete) and Conti died suddenly, within a two-week,
period, after the circus took them off-tour after numerous complaints
from the public about their health.

**A necropsy report on Pete indicates that she collapsed in a field and
lay on the ground for 2 ½ days until they brought in a crane to help her
up. "She stood for several minutes, ate hay, drank water, sprayed
herself down and then urinated multiple liters of dark red/brown urine.
She then laid down and died." The report further indicates hemorrhaging
throughout her body. She also had significant degenerative joint disease
and arthritis. The USDA had no medical record that Pete had ever been
diagnosed or treated for this condition.**

**Conti died under similar circumstances only two weeks later.** There
has been no published necropsy report on Conti.

August 27, 1999: The Monmouth County SPCA in New Jersey filed animal
cruelty charges against Clyde Beatty-Cole Brother Circus **for
overworking and overloading an elephant named Helen who appeared to
suffer from a crippling knee injury**. The charges were filed after
observing the animal during an exhibit at the Freehold Raceway Mall on
August 18-20; criminal and civil charges are pending in the Freehold
(NJ) Township Municipal Court.

January 24, 2000: USDA and Clyde Beatty-Cole Brothers Circus settle the
charges filed in April that they abusively bullhooked several elephants
on more than one occasion. Cole agrees to hire a consultant approved by
the USDA, and implement recommendations made to improve elephant
handling and care. There was also a civil penalty of \$10,000, suspended
provided that the circus spends this amount to retain the consultant and
implement the recommendations. "The training outlined in this agreement
should ensure that, in the future, Cole Bros. will properly train and
handle their elephants" according to Michael Dunn, USDA Undersecretary
for marketing and regulatory programs.

February 2 and 3, 2000: The USDA cited Clyde Beatty-Cole Brothers **with
failure to handle the elephants "in a manner that prevents trauma of
physical harm" when the inspector discovered several bullhook scars on
both Helen and Bessie..**

They were cited as well for failure to "provide adequate veterinary
care". **Helen and Bessie had not received foot care in 3 months. Bessie
was bleeding after and/or during urination and had not been diagnosed or
treated for that condition. The circus was ordered to keep Bessie at
winter quarters until she was diagnosed, treated, and cleared for travel
by a veterinarian. Helen had fecal material protruding from under the
base of her tail. According to her trainer, her tail was paralyzed by a
truck accident. She had not been examined by a veterinarian for this
condition.**

The attending veterinarian was not experienced in the care of elephants.
Cole was ordered to employ a veterinarian with substantial prior
experience with this species.

There were no records to document the TB status of the elephant handlers
that had direct contact with the elephants in the past year.

The circus was cited for failure to properly construct and design the
transport truck to ensure the safety and comfort of the elephants after
Helen was slammed into a wall and injured during sudden braking.

The circus was again cited for failure to properly store food.

March 9, 2000: Three veterinarians testified under oath as to videotape
that they reviewed of Cole's elephant Helen being forced to give rides
and pull a caravan of heavy tiger cages. **All three described Helen's
disability as a chronic, degenerative condition causing pain-related
lameness and instability. They testified that this would be aggravated
by the work they observed her doing, and recommended that she be removed
from service. (Helen continued to tour with the circus for at least 6
months following this.)**

June 13, 2000: Former Clyde Beatty-Cole Brothers circus elephant trainer
Tom Rider testifies before the US Congress: that "**in White Plains, NY,
when Pete did not perform her act properly, she was taken to the tent
and laid down, and five trainers beat her with bullhooks. Pete is now
dead."**

September 20, 2000: In a letter to the USDA, PETA wrote, "PETA has
written several times with concerns about Helen, an elephant with a
serious knee disability. Helen's crippling condition has deteriorated,
and she should be immediately taken off the road. ...Helen's persistent
use has apparently caused her injuries to worsen."

October 18, 2000: In response to a letter from PETA, the USDA stated,
"With regard to your additional concerns about Helen's knee condition,
it does appear that this condition may be worsening. ...Helen is now
retired at a private facility in Missouri."

Helen was forced to work for more than two years after her disability
was first documented. **When the circus could no longer use her they
gave her to a poorly- funded facility owned by Murray Hill, father of
Cole trainer Adam Hill.** Murray Hill is known in the elephant community
for, among other things, publicly threatening to euthanize his elephants
if he does not obtain sufficient donations for their upkeep.

Feb. 12, 2001: The USDA reports a complaint about "inadequate
control...and use of physical force" of Tina. Report indicates that the
"matter is still under investigation."

April, 2001: Circus officials confirmed that Helen -- sent to a private
facility in Missouri in Sept. 2000 -- had been euthanized. Helen had
been touring with the circus for two years despite documentation of a
painful and dangerous disability. She was only 42 when she died.

June 14, 2001: USDA inspection report on Clyde Beatty-Cole Brothers
circus notes multiple complaints involving Bessie, "regarding excessive
vocalizations during performances, when on or off loading from her
trailer and an inability to walk." The report notes that she has been
diagnosed with arthritis and that she is notably short-strided in both
legs.

July 22, 2002: Knoxville Zoo veterinarian Ed Ramsay reviewed videotape
of Bessie and commented, "The video segments clearly show this elephant
to have restricted range of movement of the front left leg. ...(I)n my
professional opinion there is little to no question this animal suffers
from arthritis. **...(T)his condition is painful....Extended periods of
exercise and forced performance of unusual leg motions may very well
cause this animal to suffer."**

Nov. 18, 2002: After repeated complaints from concerned citizens and
animal activists and a statement from a prominent elephant veterinarian,
the Clyde Beatty-Cole Brothers circus has retired Bessie the elephant to
the Wild Adventures Theme Park in Valdosta, Georgia. She had been forced
to work for at least a year and a half since her arthritis and
difficulty walking was first documented.

Sept. 16, 2003: Spartanburg County Environmental Enforcement Department
(South Carolina) received complaint from a man who saw two elephants,
Tina and Jewel, being beaten. According to his sworn statement, the
witness saw " a guy come out of a motor home with a feeding bucket and a
black pool stick with a silver point on it and with **2 hands like
holding a baseball bat, proceeded to beat 2 elephants ...about the
backs, sides, head, trunks. The guy had no reason!"** The night watchman
acknowledged hitting the elephants with the bullhook " to make them be
quiet." The officer taking the complaint ordered trainer Adam Hill to
remove the night watchman from any contact with the elephants.

December, 2003: The USDA cited and fined Clyde Beatty-Cole Brothers
circus \$2,750 for "improper handling of an elephant" after receiving a
videotape taken March 27, 2003 of a **handler hitting an elephant with a
broom**. The handler was fired.

May 6, 2004: Clyde Beatty-Cole Brothers circus announced that they have
changed their name to the New Cole Brothers Circus and decided to
discontinue using elephants in their shows. However, they would continue
to rent out their two remaining elephants, Tina and Jewel, for
television commercials and other performances, including Republican
Party events.

**In fact, Tina and Jewel and their trainer were almost immediately sent
on tour with the Walker Brothers Circus. Just over a month prior, Walker
Brothers' owner John Caudill, Jr. and elephant trainer John Caudill III
pleaded guilty in a federal administrative court to 18 violations of the
minimal standards of care in the federal AWA. The Caudills were ordered
to pay a \$25,000 fine, and their circus exhibitor's license was
suspended for five years. The USDA had charged Walker Bros. and its
employees with causing physical harm and discomfort, with failing to
provide veterinary care to an emaciated elephant, an elephant suffering
from severe chemical burns and a bacterial infection, and several
elephants with potentially deadly foot problems, with unsafe public
contact and with operating without a USDA exhibitor's license.**

June 23, 2004: The USDA cited Cole (in an inspection of its animals on
tour with Walker Brothers Circus) for failing to handle animals "in a
manner that does not cause trauma, overheating, excessive cooling,
behavioral stress, physical harm, or unnecessary discomfort" and for
violating the regulation which states that "Physical abuse shall not be
used to train, work or otherwise handle animals." The Massachusetts
Environmental Police had received a report that 3 witnesses had observed
a circus employee hitting an elephant about the head and face. The
elephant gave a grunt and then a high pitched sound. The USDA sent three
inspector-veterinarians to investigate this complaint. **An elephant
handler, questioned by USDA, admitted that he had hit Jewel several
times with a piece of 1" plastic pipe.**

**"He said that he did not hit the elephant hard enough to hurt it
because the plastic/PVC pipe did not break."**

The inspectors noted an area of abnormal looking skin over the bony
areas of Jewel's forehead and an area of red tissue over her left eye.

Cole was also cited for failing to employ an attending veterinarian, for
not having a signed Program of Veterinary Care, for not adequately
describing its method of euthanasia, and for the absence of TB tests on
two new employees who worked around the elephants.

Cole was also criticized for not promptly notifying the regional USDA
office of its name change. According to the USDA report, Cole is now
known as the American Circus.

July 30, 2004: Gigi's Exotics pays \$1100 fine in settlement agreement
with USDA for violations of the Animal Welfare Act in 2002, 2003 and
2004, at least some of which related to the care of the elephant named
"Boo." Violations included "failure to provide adequate veterinary care,
failure to maintain proper records on animals, "failure to handle
animals in a manner that does not cause trauma, overheating, excessive
cooling, behavior stress, physical harm or unnecessary discomfort;"
"failure to provide appropriate methods to prevent, control, diagnose
and treat diseases and injuries for the elephant named Boo;" and
"failure to maintain transport enclosure free from any protrusions that
could be injurious to the animals."

March 2005: USDA inspected Carson and Barnes winter quarters in Hugo, OK
where "Boo" was being kept for the winter. "No one from Gigi's Exotics
present."

April 1, 2005: *Springfield ( IL)* *Journal-Register* reports on
consumer complaints against Bailey Brothers Circus, which also has
appeared as Great Circus of China, in Alaska and Illinois. Paperwork in
Alaska was filed for Bailey Brothers Circus under the name "Juan
Davenport," and in Illinois, paperwork for Great Circus of China was
filed under the name "Charles Davenport." Both circuses included the
Davenport elephant, "Queenie" in their act.

August 27, 2005: Tina and Jewel, still owned by Cole (American) were
touring the country with Florida-based Wambold's Circus Menagerie. While
in Mt. Pleasant Township, PA, available for petting and feeding by the
public, Jewel grabbed a woman's wrist and sprained it badly.

Jan. 13, 2006: USDA cites Gigi's Exotics for AWA violation related to
structural soundness of trailer that is used to transport "Boo" and also
a horse (in a separate compartment).

Jan 17, 2006: Gigi's Exotics signed a five-year lease for Tina and
Jewel, stating, "We plan to incorporate the elephants into our breeding
program, performance and rides. Gigi's Exotics accepts responsibility
for the health, welfare and mortality of said elephants."

[]{.mark}

Jan. 27, 2006: Texas Attorney General files consumer fraud/deceptive
business practices charges against Juan Davenport, Bailey Brothers
Circus and several other defendants who "collectively operate a circus
show under the names of "Kings Royal Circus," "The Great Circus of
China," "Bailey/ Wallace and Bros. Circus, Inc.," "Barnes and Bailey
Bros. Circus, Inc.," "Bailey Bros. Circus," "Barnes & Bailey Circus,"
and "Barnes and Bailey Bros. Circus." .

Feb. 2006: Gigi's Exotics aka American All-Star Circus under
investigation for consumer fraud as well as AWA violations, according to
memo from Sgt. Keith Bond, Jackson, Co., Miss.

Feb. 22, 2006 Gigi's Exotics on the road with Boo, Tina, Jewel and 2
camels.

Summer, 2006: Tina and Jewel traveled with Cole Brothers Circus,
accompanied by trainer Will Jacobs Davenport.

The following review appeared on the blog of circus fan Crash
Moreau:[[http://www.circusrevue.com/2006circusvisits.htm]{.underline}](http://www.circusrevue.com/2006circusvisits.htm)

COLE BROTHERS CIRCUS  W. Hartford, NY  June 11

This is a nice looking show with a large red and yellow tent and painted
trucks. This year the show had a much better line up of acts compared to
the past few years. This year at selected performances the elephants has
returned now owned by Gopher Davenport and handled by his son. **The
only thing I can say is young Davenport needs to put away the bull-hook
on these two elephants as Adam Hill never used the hook on these two in
previous years**. All the animal rights people need is to see how he is
handling these two elephants, Tina and Jewel and there will be a lot
more flax (sic) about not having animals in circuses.

Oct. 24, 2006: USDA inspects Gigi's Exotics and cites for **inadequate
veterinary care: "I observed two Asian elephants, Tina (40 yrs.) and
Jewell (42 yrs.). Jewel appears to be underweight. The muscling along
both sides of her spine appears sunken or hollowed out. Her spine is
very prominent.** The handler stated that he has not noted any weight
loss and that she had an injury several years ago. In addition, there
appears to be very little muscling over the eyes. Although the handler
stated that this is her "normal" conformation there are no records other
than the health certificate and TB results available for me to review
documenting her past or current health status."

Winter, 2007: Tina and Jewel traveled with the LE Barnes and Bailey
circus; their names are given to the public and the media as Margaret
and Lilley. LE Barnes and Bailey circus performs 640 shows per year.

Feb. 16, 2007: USDA inspects Gigi's Exotics at Heritage Park in
Watkinsville, GA in conjunction with LE Barnes and Bailey Circus. Tina,
Jewel and Boo are present.

Numerous violations noted, including:

-   **Inadequate veterinary care** Jewell is "noticeably thin."
    Comparison of photographs taken by USDA between Oct. 2006 and Feb.
    2007 indicate that animal is "chronically thin." Although handler
    was instructed in Nov. 2006 by USDA to weigh Jewel, no weight is
    available until Feb. 07. "The animal's weight most be monitored at
    least monthly to assess her progress"

> TB records outdated. (most recent trunk wash results dated Nov, 29,
> 05). "Because TB can be a cause of chronic weight loss, it is
> imperative that the elephants are tested in timely manner."
>
> **Failure to handle animals properly to insure minimal risk of harm to
> animals and people.** Boo placed in a corral and public allowed to
> walk up to corral and toss in carrots. Small children noted in open
> area of corral while handler was distracted.

March 2, 2007: Gigi's Exotics objects to Feb. 16 USDA inspection report.
In letter, claims that Jewel was examined by Dr. Ted Eudy (flown in from
OK) and examined and tested. Claims health report including trunk wash
results were given to USDA. Cites inspection from November, 2006 that
found no non-compliance.

March 14, 2007: USDA upholds findings of Feb. 16 inspection, noting the
trunk wash samples for TB testing were unacceptable and still the only
TB test results are from 2005. Letter also states, **"considering
Jewel's unthrifty condition and chronic weight loss, the failure to
obtain a weight in a timely manner jeopardized her health and indicated
a clear failure to provide adequate veterinary care and monitoring of
her condition."**

March 17, 2007: USDA inspection notes Gigi's Exotics continued violation
for inadequate veterinary care. Jewel remains "noticeably thin." Her
weight was taken only twice (elephant weighs between 6600 and 6800
pounds.) Weight loss remains undiagnosed. Current TB trunk wash results
still unavailable. "**Travel restrictions and prohibiting public contact
with these elephants is necessary to ensure the health of both the
elephants and the public by minimizing the potential spread of
tuberculosis. In the absence of a clear diagnosis of Jewel's weight
loss, and the potential for tuberculosis or some other unknown disease
being present, it would be inappropriate for her to travel."**

March 30, 2007: Damning USDA inspection of Gigi's Exotics in Pueblo, CO.
Numerous violations noted, including inadequate veterinary care
(including no program for appropriate skin and foot care); inadequate
training of elephant handler; failure to handle elephant in manner that
does not cause excessive trauma, stress, physical harm, unnecessary
discomfort); inadequate record keeping; failure to maintain appropriate
primary enclosures for transport The elephant described in this report
is not identified.

Finds elephant with "**excessive dead skin over most of her body and
doesn't show evidence of proper bathing for quite some time. She has
urine staining and what appears to be urine scalds on her back legs. The
pads n this elephant had excessive growth and there were numerous flaps
of skin that had trapped debris in them. The cuticles were also
excessively long."**

Elephant also has **" multiple wounds draining yellowish exudates inside
the left ear"** that handlers had not noticed. Wounds would be
**"consistent with the improper use of an ankus in the ear**."

Handler found to be "**not properly trained or experienced."** Trained
in Nov/Dec. 2006 by a handler who had "worked with horses a little but
had no animal handling, husbandry experience or training. Back up
handler had no elephant experience. Previously did construction work. He
feeds, waters, handles the elephants and is the loader for rides. "

Handler **"had trouble getting \[the elephant\] to consistently do basic
things like pick her feet up for exam. He had to prod her excessively
with the ankus (bullhook) to get the desired behavior and sometimes
could not get the behavior completed. The handler was not able to
demonstrate adequate control of elephant."**

USDA documents physical abuse. **"The handler had to continuously rely
on excessive and inappropriate use of the ankus to get the elephant to
perform the behaviors he was asking for during the rides and
performances. . . during the rides and performances, the handler was
observed repeatedly jabbing and hitting the elephant with the ankus.
Several times during the elephant ride, the handler used the ankus to
hit the elephant and she reacted by throwing her head and changing her
gait demonstrating irritation at the action of the handler. . . This is
inappropriate and abusive use of the ankus and such use is likely to
cause trauma, behavioral stress, physical harm or unnecessary discomfort
. . . This type of inappropriate use can cause the elephants to become
more aggressive behavior.**

Also reports public endangerment, through abusive bullhook use, lack of
control of elephant and for allowing children to sit on the floor in
front of elephant who was confined behind an inadequate barrier with a
handler who was distracted. At one point a child was actually let into
the elephant's enclosure to retrieve a balloon. No handler was present
at that time.

Other transgressions include: no one could tell USDA where the licensee
(Gigi Davenport) was at time of inspection; no health records on hand;
immobilization drugs for emergency restraint for elephants were labeled
for "yellow cats" and handler had no idea how to use the dart gun to
administer the drugs.

April 10, 2007: USDA inspected at New Bern, NC and again cites Gigi's
Exotics for inadequate veterinary care .Jewel is still thin, weighing
220 lbs less on April 8 than when her last weight was taken on March 11.
" TB cultures were taken and were negative. Jewel is not gaining weight
despite an apparently adequate diet. The cause of her being underweight
is still undiagnosed. She was last seen by the attending vet at the end
of Jan. 2007 . .. Because of the stress of traveling, a second opinion
from anther veterinarian who specialized in elephants is needed at this
time. . ."

April 12, 2007**: USDA orders Jewel off the road, warning, "continued
travel by Jewel for exhibition, including travel with the circus, even
if not performing, would constitute a violation of Sec. 2.40 until such
time as her condition has been adequately evaluated and/or there is
measurable improvement in her weigh and overall health. Travel to a
facility appropriate for long-term holding, or to a facility suited to
evaluation and diagnosis of her health issues would be appropriate."**

April 16, 2007: USDA inspects Gigi's Exotics at New Ulm, MN. One
elephant ("Boo") and 2 camels present. Cited again for failure to handle
animals in a manner that minimizes harm to animals and to public. No
elephant handler "with appropriate training and experience traveling
with this group. . . Safe public exhibition and handling cannot take
place without a knowledgeable individual or individuals present."

May 15, 2007: USDA again cites Gigi's for inadequate veterinary care).
Reports findings of specialist in elephant health called in by Cole
Brothers to examine Tina and Jewel in Greenville, NC on April 23,
2007**. "The expert determined that both elephants showed an alarming
amount of weight loss and that Jewel was not fit to continue traveling
with the circus. The expert felt that both elephants should be kept
together and should be moved to the winter quarters for Cole Brothers in
Deland, FL where they could be closely monitored and have access to
veterinarians experienced in elephant health** Expert recommended switch
in diet to gain weight and advised that feeding amounts provided and
eaten should be recorded.

In early May the elephants were moved to Leggett, TX instead of Florida
**"Not an approved site location."** Inspection of Leggett site found:
no daily logs of feed were being maintained. **Health of elephants
further jeopardized because the facility does not meet minimum standards
for long-term housing due to its incompletion of the primary enclosure
and shelter.** Animals must be housed in a trailer during inclement
weather. Moving to Texas instead of Florida "added additional stress due
to the longer transit time." Weights taken on May 14: Jewel 6880 and
Tina 7620. Slight weight gain but too early to tell if significant.
Management claimed that attending veterinarian had visited, but no
records were available to document this claim. Immobilization drugs
stored in a lock box filled with water from a leak. **"At this time
there is no valid home site for this license."**

June 5, 2007: USDA again cites Gigi's for inadequate veterinary care and
facilities violations. "the lack of a permanent long term housing
facility that provides adequate shelter and enclosures jeopardizes the
health of the animals and hinders their ability to gain weight. Lack of
sufficient ventilation in the barn housing the elephants can contribute
to heat related stress that would also adversely affect their health. "

Elephants are restrained through hotwires and chaining. Facility lacks
"adequate permanent enclosures for elephants." It also lacks adequate
shade and barn lacks sufficient ventilation.

Gigi's Exotics is given until July 5, 2007 to correct violations.

July 17, 2007: Gigi Davenport sends email to circus list entitled, "My
Wonderfull (sic) Son \"Will\" He is an amazing person, his love for
these animals is nothing less than a gift from God.  He has suffered
from people making ugly judgments to his qualifications.  Being born and
raised in the circus and around animals all his life. Common sense, book
smart and animal sense, he has it all. God Bless him.  He is an amazing
young man and hasn\'t done anything wrong.  I pray everyday that God
will let the USDA see the truth and tell us (what it is) and take that
ugly cloud off my son\'s head and just let him do what comes so very
natural to him, taking care and loving these incredible animals." 

July 25, 2007: IDA obtains photographic evidence of elephants living in
squalid conditions at the Davenport facility in Leggett, TX. **There is
no indication that the violations cited by USDA have been corrected,
despite the fact that the corrections deadline has passed 20 days
before**. The eyewitness report provided to IDA states,

> "We located Jewel and Tina at a circus approved \'holding
> area\'\...and they were far worse than we\'d anticipated.. . . Tina
> and Jewel are living every day on a concrete slab surrounded by
> building debris and half-burned garbage.  Their hard slab-estimated at
> a mere 12\' x 24\' is surrounded by electrified wire\--and they know
> this, evident by their fear of standing anywhere close to the
> perimeter.  The cramped girls seemed to huddle together as not to
> accidentally hit the hot-wire, staying at least 3\' from the shock. .
> . Their condition?  Emaciated.  The photographic images reveal Tina
> and Jewel\'s sunken faces and sad eyes.  Facts: 

-   Both elephants are underweight.

-   There was no access to water.

-   There was no evidence of other food-types such as fresh browse or
    produce, only a bit of hay.

-   Their \'walking\'/living area is approximately 12\' X 24\' which
    upon observation is reduced to approximately 9\' X 21\' given the
    3\' \'fear-zone\' of the electrified wire.

-   There was no structural shade from the sun with the exception of
    some trees.

-   They both exhibited stereotypical neurotic behavior of rocking, and
    one of the girls\' back left foot is being treated for thrush\--she
    was lifting it and looking at her foot.

-   If there was a structure provided for night-housing or protection
    from harsh weather, it may have been the old shed located next to
    the hot-wire corral.  This shed is dilapidated and very small with
    no evidence of proper ventilation.

-   As one drives from the county road onto the driveway, Tina and Jewel
    are immediately to the left, approximately 20 yards from the
    public\'s access.  Left entirely unprotected and electrically penned
    like fish in a barrel, they are no measures to insure their
    safety\--or that of the public\'s."

August 2007: Tina and Jewel still at the Leggett facility. They have
reportedly been given access to a larger outdoor area, still well under
an acre in size, and windows for ventilation have been cut into the tiny
tin barn, in which they are frequently confined. USDA continues to allow
Tina and Jewel's care to be directed by the same individuals who, as the
agency has repeatedly documented, have failed to provide these ailing
elephants with necessary veterinary care; have handled the elephants in
an unsafe and inhumane manner, and left them in the care of an
inexperienced and unskilled trainer. In addition, USDA is reportedly in
possession of evidence documenting the illegal involvement of John
Davenport, who lost his USDA exhibitor license in 1998, in the circus
business, including with Tina, Jewel and the third elephant, Queenie.
The agency continues to do nothing to stop this alleged illegal
activity.