Animal Rights

USDA Moves to Rescue Elephant Jewel--Act Today for Jewel and Her Friends

Published August 17, 2009 @ 11:18AM PT

Photo by Barbara Shepler

A month ago, many of you read "Lucky, Tina, Jewel, and Queenie: Speak Up for These Elephants" on this blog--and hopefully, many of you took action too. Now one of those elephants--Jewel--is close to finding safety and sanctuary, but an uncooperative handler and community are impeding the process. Additionally, the USDA is moving to rescue only Jewel, when her companions need their help too--and when separating the bonded elephants would be terribly traumatic for them. Below, I quote In Defense of Animals' just-released action alert in full because it doesn't appear to be available on their site yet (to link to), and I can't summarize the situation any better than they do:

IDA has learned that on Saturday August 15, the U.S. Department of Agriculture (USDA) attempted to confiscate Jewel, one of three suffering and abused elephants who we have been working for over two years to rescue. The USDA temporarily aborted the confiscation attempt in the face of a defiant and uncooperative Will Davenport, the elephants' handler.

IDA members will recall that Davenport has a long history of chronic Animal Welfare Act violations including abusive and unsafe handling practices, inadequate veterinary care and negligent treatment of the elephants Tina, Jewel and Queenie. Davenport has also violated the U.S. Endangered Species Act in the illegal purchase of Tina and Jewel from the Cole Brothers Circus.

Although Davenport doesn't have a legal leg to stand on, he refused to cooperate with the confiscation and told his distorted and factually-incorrect side of the story to his local newspaper in Polk County, Texas. This newspaper appears to be sympathetic to Davenport's philosophy that the federal government is interfering with his private property rights, the elephants being his private "property."

See the story here and be sure to watch the video of Davenport - sporting a Popeye T-shirt and spouting lies - here.

IDA applauds the USDA for taking action to confiscate Jewel. We recognize this as an important step toward protecting elephants, and we hope the agency will move immediately to confiscate all three elephants and place Will Davenport behind bars where he belongs.

There are strong legal grounds for this action. Under Davenport's care, all three elephants have lost significant weight (nearly a ton between them in less than a year) and the USDA has documented their ongoing and unrelieved suffering at his hands. In addition, Tina and Jewel have been together for decades and Queenie has been with them for two years. Separating these bonded elephants, even for a short time, would cause untold and unnecessary stress and trauma. Regarding Davenport,  the AWA (section 2146(b)) provides for penalties and/or imprisonment of any person who interferes with the USDA's official duties.

So IDA is asking us to contact the USDA and our congressional representatives today, in our own words, on behalf of these elephants, acknowledging and thanking the USDA for taking this step for Jewel and encouraging them to push forward with this rescue, not only of Jewel, but of her companions Tina and Queenie too, so that they can live out their remaining days in sanctuary. Please write or call today. Locate contact information for your federal representatives here, and contact the USDA here:

Ann Wright
Deputy Undersecretary for Marketing and Regulatory Programs
U.S. Department of Agriculture
Phone: 202-720-4256 or 202-720-7813
Fax: 202-720-5775
E-mail: ann.wright@osec.usda.gov

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Comments (15)

  1. rachel phipps

    Please free these poor elephants, they deserve better than this. What they are put through is unnecessary and cruel.

    Posted by rachel phipps on 08/17/2009 @ 11:58AM PT


  2. "If you have men who will exclude any of God's creatures from the shelter of compassion and pity, you will have men who will deal likewise with their fellow men..." ~ St. Francis of Assisi, Roman Catholic friar, founder of the Franciscans order

    "The worst sin towards our fellow creatures is not to hate them, but to be indifferent to them, that's the essence of inhumanity." ~ George Bernard Shaw, Irish Playwright and Essayist

    "The animal liberation movement is saying that where animals and humans have similar interests - we might take the interest in avoiding physical pain as an example, for it is an interest that humans clearly share with other animals - those interests are to be counted equally, with no automatic discount just because one of the beings is not human." ~ Peter Singer, Australian Animal Activist

    "Non-violence leads to the highest ethics, which is the goal of all evolution. Until we stop harming all other living beings, we are still savages." ~ Thomas Edison, American Inventor and Scientist

    "Compassion for animals is intimately connected with goodness of character and it may be confidently asserted that he who is cruel to animals cannot be a good man." ~ Arthur Schopenhauer, German Philosopher

    "We have enslaved the rest of animal creation and have treated our distant cousins in fur and feathers so badly that beyond doubt, if they were to formulate a religion, they would depict the Devil in human form." ~ William Ralph Inge, British Author

    "Living with animals can be a wonderful experience, especially if we choose to learn the valuable lessons animals teach through their natural enthusiasm, grace, resourcefulness, affection and forgiveness." ~ Richard H. Pitcairn, American Veterinarian, Pet Nutritionist and Author

    "Most people have forgotten how to live with living creatures, with living systems and that, in turn, is the reason why man, whenever he comes into contact with nature, threatens to kill the natural system in which and from which he lives." ~ Konrad Lorenz, Naturalist

    "For as long as men massacre animals, they will kill each other. Indeed, he who sows the seed of murder and pain cannot reap joy and love." ~ Pythagoras, Pre-Socratic Greek Philosopher

    "I could not have slept tonight if I had left that helpless little creature to perish on the ground." (Reply to friends who chided him for delaying them by stopping to return a fledgling to its nest.) ~ Abraham Lincoln, Sixteenth President of the United States

    "Love of animals is a universal impulse, a common ground on which all of us may meet. By loving and understanding animals, perhaps we humans shall come to understand each other." ~ Dr. Louis J. Camuti, first US veterinarian to devote his practice to felines only

    "He who harms animals has not understood or renounced deeds of sin ... Those whose minds are at peace and who are free from passions do not desire to live at the expense of others." ~ from Acharanga Sutra - Jainism - Non-Vedic Religion of Old India

    "Atrocities are no less atrocities when they occur in laboratories and are called 'medical research.' " ~ George Bernard Shaw, Irish Playright and Critic

    "Show me the enforced laws of a state for the prevention of cruelty to animals and I in turn will give you a correct estimate of the refinement, enlightenment, integrity and equity of that commonwealth's people." ~ L.T. Danshiell, Animal Rights Advocate

    "The awful wrongs and sufferings forced upon the innocent, helpless, faithful animal race form the blackest chapter in the whole world's history." ~ Edward Freeman, English Historian and Commentator

    "Nothing living should ever be treated with contempt. Whatever it is that lives, a man, a tree, or a bird, should be touched gently, because the time is short. Civilization is another word for respect for life...." - Elizabeth Goudge, author of The Joy of the Snow

    "If [man] is not to stifle his human feelings, he must practise kindness towards animals, for he who is cruel to animals becomes hard also in his dealings with men. We can judge the heart of a man by his treatment of animals." ~ Immanuel Kant, German Philosopher

    "I hope to make people realize how totally helpless animals are, how dependent on us, trusting as a child must that we will be kind and take care of their needs ...[they] are an obligation put on us, a responsibility we have no right to neglect, nor to violate by cruelty." ~ James Herriot, English Veterinarian and Author

    "As custodians of the planet it is our responsibility to deal with all species with kindness, love, and compassion. That these animals suffer through human cruelty is beyond understanding. Please help to stop this madness." ~ Richard Gere, American Actor

    "All animals except man know that the ultimate of life is to enjoy it." ~ Samuel Butler, British Author, Painter, Photographer, and Art Critic

    "Ever occur to you why some of us can be this much concerned with animals suffering? Because government is not. Why not? Animals don't vote." ~ Paul Harvey, American Radio Commentator

    "Cruelty to dumb animals is one of the distinguishing vices of low and base minds. Wherever it is found, it is a certain mark of ignorance and meanness; a mark which all the external advantages of wealth, splendour, and nobility, cannot obliterate. It is consistent neither with learning nor true civility." ~ William Jones, English Philologist and Jurist

    "We are fellow passengers on the same planet, and we are all equally responsible for the happiness and the well-being of the world in which we happen to live." ~ Hendrick Van Loon

    "...this rage - I have never forgotten it - contained every anger, every revolt I had ever felt in my life - the way I felt when I saw the black dog hunted, the way I felt when I watched old Uncle Henry taken away to the almshouse, the way I felt whenever I had seen people or animals hurt for the pleasure or profit of others." ~ Ellen Glasgow, American Author

    "When a man has pity on all living creatures then only is he noble." ~ Buddha (Siddhartha Gautama), Indian (India) founder of Buddhism religion and philosophy

    "The worst sin towards our fellow creatures is not to hate them, but to be indifferent to them. That's the essence of inhumanity." ~ George Bernard Shaw, Irish Playright and Critic

    "Our lives begin to end the day we become silent about things that matter." ~ Martin Luther King, Jr., Civil Rights Leader

    "Anyone who has accustomed himself to regard the life of any living creature as worthless is in danger of arriving also at the idea of worthless human lives." ~ Albert Schweitzer, Alsatian Theologian, Musician, and Medical Missionary

    "Non-violence leads to the highest ethics, which is the goal of all evolution. Until we stop harming all other living beings, we are still savages." ~ Thomas Edison, American Scientist and Inventor

    Posted by Jade Golden on 08/17/2009 @ 06:00PM PT

  3. Barbara Shepler

    Thank you for these beautiful and thought provoking quotes.

    Posted by Barbara Shepler on 08/21/2009 @ 09:22PM PT

  4. Barbara,

    Here is the link:

    http://www.sniksnak.com/advquotes.html

    to help publicize animals' rights and animals' plights.

    Posted by Jade Golden on 08/21/2009 @ 09:42PM PT

  5. Reply to thread
  6. Nan Bongiovanni

    Singed and over voiced my point of view.  I think the best way for our pathetic torturous counter partners to know what it is like to feel the inhumane cruelty that has been forced on our animals of the world.  It would be to switch places and see how sad and scared, and the fear of what is going to happen next. They need to remember an Eye for an Eye. 

    Posted by Nan Bongiovanni on 08/17/2009 @ 11:37PM PT

  7. david price

    I am sick over the illegal confiscation of will davenports elephants. I have seen many elephant atrocities. not many miles from wills place are elephants without a barn. there are pregnant elephants touring today. this is a vendetta against the davenport family by denise sofranco of the usda. the elephant expert was afraid to show her face today . jewel tina and -----  are pampered to no end by mr davenport. to have us marshalls expel all press and threaten the livelihood of this young man is totaly unacceptable. no judge signed the confiscation order. no health certificates were given to tina and jewel to travel to -------.mr. davenport was hounded by sofranko. he weighed these elephants to no end even though no other elephant act was required to do so. i have a great love for these animals. unfortunatley i have witnessed unbelievable treatment of circus elephants. mr davenport spared no expense in the care of his animals and in no way deserves this harassment from denise sofranko ,the elephant expert, of the usda. it would be interesting to see the reaction of peta members to see the method in which these elephants are "rescued". having a chain wrapped around your neck and winched into an un famliar vehicle. separated from the elephant you have stood next to for 15 years to be set free in tennesee where you will be beat up by other elephant and most likley die not having recieved the very veterinary care you were sent there for not recieving . allegedly.

    I think many people see traveling with and using elephants to make a living is an evil thing. It is not an illegal thing. Most are treated very well. Right now tina and jewel are in a hot semi trailer headingo california  ?. They were taken from USDA approved facility with a pond , new barn , new fence and a young man who wanted nothing more than to exhibit and care for these animals to the letter of the law.I have seen the mountain of records he has kept. it doesnt matter when the elephant expert determines you are mistreating them. you cannot get the same answer from 2 inspectors. one says dirt floor . one says concrete . one says this feed . one says that feed.

    god speed tina and jewel. probably near el paso right now. got to be 95 or 100 in the truck. hope they stop to water you. only about 850 miles to go. willy used to stop at night to unload you and clean out the truck and give you sweet feed. you wont get out for another day or so. dont worry its a dry heat through the southwest. driving day and night. wish you at home

    Posted by david price on 08/20/2009 @ 07:41PM PT

  8. Olivia White

    Dear David,

    What I wish for you is an all-expenses-paid trip to The Elephant Sanctuary in Tennessee and to PAWS in California, so you can be deprogrammed from all that the Davenports have brainwashed you into believing about the proper care of elephants and the real needs of elephants.

    If you were to realize that everything you believe to be true is actually just the reverse, you could become one heck of an activist for the world's elephants! You could even help save Queenie from her fate as a solitary circus elephant -- a fate worse than death. 

    I pray for the day when you will open your eyes to the light of reality. And I'm not being facetious. I truly would love for you to be happy and relieved for Tina and Jewell instead of worried about them. And I would love for you to see the truth about your friends the Davenports.

    One more thing: Tina and Jewell will never have a chain wrapped around their necks or their feet again. Ever!

    Posted by Olivia White on 08/21/2009 @ 09:45AM PT

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  9. David,

    What you are describing seems a perfect elephant/zoo existence. I do not know why these elephants were filmed being bull-hooked and bullied on tour. This is confusing. 

    Posted by Jade Golden on 08/21/2009 @ 11:48AM PT

  10. Barbara Shepler

    David, if you know of other elephants that you believe are in worse circumstances, please help us help them. Report them to the USDA, give your information to activist organizations such as In Defense of Animals or PETA, raise awareness. 

    Tina and Jewel will be well cared for on their trip and certainly in their new home. They are traveling with one of the best groups who will make the elephants' comfort their highest priority.

    No longer will they be riding a thousand miles or more in a truck that is too small for them only to do stunts for 5 minutes at a time for a day or two, only to get back in the truck and ride a thousand or more miles home again.

    I agree with Olivia, please learn more about sanctuaries and elephant welfare. We need passionate voices such as yours to help Queenie and more like her.

    Posted by Barbara Shepler on 08/21/2009 @ 12:37PM PT

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  11. Hi Barbara,

    Here is the link to Animal Activist Quotes. Spread it far and wide.

     

    Posted by Jade Golden on 08/21/2009 @ 09:39PM PT

  12. Reply to thread
  13. Posted by Jade Golden on 08/21/2009 @ 09:40PM PT

  14. Tripsy Daily

    As far as ANYONE knowing how to care for elephants in captivity - NO ONE knows how. Period.  Living in a "sanctuary" is still living in captivity - the elephants will still have a life expectancy that is half of what it would be in the wild.  Tennessee is not Africa - and the sanctuary is merely a luxury retirement home.  Elephants in Africa regularly migrate hundreds of miles while grazing - so the 700 acres the Tennessee Sanctuary provides for elephants to live is hardly a substitute for free range migration  and can really only be looked at as marginally better than captive living.  We all know  elephants are extremely sensitive - so much so that when herds are culled in Africa, the calves must be killed along with their Mothers because the trauma of losing their mother's leads them to irreversible derangement.  The USDA seizure of these two elephants mentioned above and the resulting separation from their matriarch and human care taker will be no doubt be traumatic. So what is worse - elephants living in a cozy one bedroom apartment, or elephants being emotionally raped and sent to live in a mansion?  Who is really looking out for the emotional well being of these souls - they are captive elephants acustomed to a level of human interaction - you can't put them in a "sanctuary" and think all their problems are solved. The elephant sanctuary has only been in existence for ten years, and the amount of research data they have provided the scientific community is negligible - If there is true abuse occurring, yes, rescue these animals immediately - but the fact that the authorities left one of the elephants in the care of the owner leads me to believe the Tennessee Sanctuary wanted those elephants because of their own ideology, and hubris. The Sanctuary is a slick marketing machine - most of the information, news, "studies" you can find is generated by the sanctuary itself. It is hard for the public not to love the Sanctuary's feel good story, and it's a nice facility to boot, but after only 10 years - it is hardly the complete solution to our elephant woes and certainly not the only voice in elephant care and husbandry.

    -

     

    Posted by Tripsy Daily on 08/22/2009 @ 10:09PM PT

  15. Debby McCabe

    Then what would you suggest?  It is easy to pick apart something, but looses validity to a certain extent if you have no other suggestions.  Plus, your post has no concrete information to back up your complaint about the elephant sanctuary. 

    There are only two possibilities for these elephants:  the circus or the sanctuary (because setting them free is out of the question for so many reasons).  So lets compare the options:

    the circus:  chains, bullhooks, constant travelling, disregard for health, unnatural environment (tents, trucks, crowds, stupid tricks, etc.

    the sanctuary:  acreage to wander, ponds to bathe in, grass under their feet, sunshine and clouds overhead, trees and someone who cares about whether you feel good today or not.

    It is sooo hard to make this decision!

    Posted by Debby McCabe on 08/31/2009 @ 03:41AM PT

  16. Timothy Sweeney

    The USDA should rescue all of Will Davenport's elephants.  This person has no business using elephants for entertainment purposes.  These elephants should be sent to the Elephant Sanctuary in Tennesse where they can be cared for properly.  These elephants need to be in a place where they can interact with other elephants and be free from abuse.

    Posted by Timothy Sweeney on 09/01/2009 @ 09:51PM PT

  17. Nan Bongiovanni

    Living here in San Diego, I just pray these babies go to live in a Beautiful Sanctuary, They have done their time. And I mean hard time. I will make my call and put my 2 cents in!!!   

    New Hope For Queenie?

    When we at IDA first heard the news that the U.S. Department of Agriculture (USDA) was finally confiscating Tina and Jewel from circus handler Will Davenport but sending them to a zoo, our hearts sank. We had not worked so hard for these elephants over the past two years just to see them end up in a zoo.

    Since we received a tip from a circus insider about Tina and Jewel's location in the summer of 2007, IDA has been working hard to get these two and Queenie to a sanctuary. In July of that year, we sent an investigator to document the elephants’ physical and living conditions at the Davenport property in Leggett, Texas. We pulled together evidence of the Davenports' purchase of Tina and Jewel in violation of the Endangered Species Act (ESA). It was IDA's complaint to the Fish and Wildlife Service (FWS) that prompted the FWS investigation and action.

    For the next two years, we tracked the three elephants as they were trucked around the country and forced to perform by their abusive and negligent handler Will Davenport. Thanks to our caring members nationwide, we leafleted circuses performances and documented the elephants' conditions with photographs and video. IDA also notified authorities and media nationwide of this circus act's terrible history of abuse, filed multiple complaints with the USDA about the elephants' care, and mobilized our members to generate tens of thousands of emails and telephone calls to the Secretary of Agriculture and Congress, urging them to rescue these elephants.

    Finally, we got both federal agencies - the USDA and the FWS - to act, no small feat given the USDA's chronic failure to protect elephants by failing to adequately enforce the Animal Welfare Act.

    After all our work in this case, and after watching these elephants suffer for over two years, we wanted their story to have a simple ending. We wanted all three elephants to live happily ever after at a sanctuary.

    But in life, things are rarely simple. Tina and Jewel were confiscated in a combined action of the USDA and the FWS, but they were sent to the San Diego Zoo. Queenie was left, at least temporarily, behind.

    The choice of Tina and Jewel’s destination post-confiscation was solely the USDA's; for years, IDA and our caring members had urged the agency to send all three elephants to a sanctuary. Although we have had many differences with the San Diego Zoo, we do understand that Jewel is gravely ill and in need of intensive veterinary care that the zoo can provide. Looking through Tina and Jewel's eyes, we also understand that life has changed dramatically for the better. These elephants will no longer be trucked around the country for weeks on end or kept tightly chained to a tree, wondering when the next meal will come. They will never have to perform ridiculous tricks or give rides, and never have to fear the bullhook again.

    IDA also thanks the San Diego Zoo for its willingness to take in these elephants and commit the resources necessary to bring them back to health.

    IDA will continue to monitor this situation closely to stay updated on these elephants' medical progress and what the future holds for them. Until then, we are grateful that Tina and Jewel have finally been taken from their abusive and negligent handler, are safely housed together at a protected contact facility that eschews bullhooks and physical punishment, and are receiving critically-needed medical care.

    The fight goes on for Queenie.

    We are encouraged by recent news from the USDA indicating that there is still hope for this elephant, who has suffered at the Davenport family's hands for decades.

    Earlier this week, we asked our members to continue to write to the USDA on behalf of Queenie, who was left behind when Tina and Jewel were confiscated. On that day, August 20, Will Davenport voluntarily surrendered his USDA exhibitor's license. According to the USDA, this means he cannot legally sell, trade or exhibit Queenie, nor can he transport her anywhere.

    Unfortunately this also means that, for now, the USDA has no jurisdiction over Queenie's care. But the agency has confirmed that it continues to investigate Davenport’s activities prior to August 20. Thanks to his refusal to cooperate with the USDA's first confiscation attempt on August 15, these activities include not only abusive and negligent handling and care of Queenie, but also defying a federal order and interfering with the USDA's official enforcement activities, subjecting him to the possibility of both civil and criminal penalties.

    What You Can Do

    We are exploring all legal options to secure Queenie's future at a sanctuary. Meanwhile, we urge our members to keep the pressure on for this elephant. If you have not yet done so, please write to the USDA today to urge them to prosecute Davenport to the fullest extent of the law and to send Queenie to a sanctuary. Please also ask them to ensure that Will Davenport is permanently barred from holding a USDA license.

    Ann Wright
    Deputy Undersecretary for Marketing and Regulatory Programs
    U.S. Department of Agriculture
    Phone: 202-720-4256 OR 202-720-7813
    Fax: 202-720-5775
    Email: ann.wright@osec.usda.gov

    And if you have not yet contacted your Senators and Congressional representative, please do so now. If they have been responsive, be sure to thank them for their help and role in Tina and Jewel’s removal from the negligence and abuse of Will Davenport. Urge them to continue to pressure the USDA to prosecute Davenport for his legal violations and send Queenie to a sanctuary without delay.

    Find your federal representatives here:
    http://ida.convio.net/site/PageServer?pagename=electedOfficials

    Posted by Nan Bongiovanni on 09/02/2009 @ 03:01AM PT

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Stephanie Ernst

Stephanie is an independent animal rights advocate, a vegan, a tree-hugging environmentalist, and a freelance editor and writer. She lives in St. Louis with an aging corgi-lab and an adolescent rescued pit bull.

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