First Circuit Court of Appeals
Process
On receiving the Order that the federal district court turned down our citizen's lawsuit against the City of New Bedford, Founder Joyce Rowley filed an appeal with the First Circuit Court of Appeals. The City filed a reply. PETA and ALDF intervened, but not on behalf of Ruth & Emily.
On April 30, 2020, the case was submitted.
Appeal
The appeal is here. Essentially, the appeal says that the City harmed Ruth & Emily in violation of the ESA, and that the City is not entitled to an exemption under the US FWS regulations. Those regulations exempt harassment of captive wildlife if they are being kept for the purpose of propagating the endangered species under specific criteria.
Ruth & Emily were not kept for breeding.
New Bedford's Reply
The City's reply is here. Basically, they claimed the exemption on harassment, ignored the harm done to both, and emphasized that AZA has given them high marks.
Appellants get the final say! Here it is.
It addresses issues raised by the City, corrects errors of fact and law, and offers additional information on the City's key witness regarding undisclosed financial bias.
Rowley's Reply
Appellants get the final say! Here it is.
It addresses issues raised by the City, corrects errors of fact and law, and offers additional information on the City's key witness regarding undisclosed financial bias.