Government Oversight of Circuses Inadequate

It is nothing more than wishful thinking to claim that local, state and federal agencies consistently monitor the circus. No government agency or humane organization monitors training sessions, where much of the abuse occurs. These agencies also do not observe animals during transport. Circuses are on the road for most of the year, which means that animals spend months living, and sometimes dying, in trailers and boxcars as the circus travels to its next destination.

Federal Law
Animal exhibitors, like circuses, are required to be licensed by the U.S. Department of Agriculture (USDA), which enforces the federal Animal Welfare Act (AWA). However, the AWA establishes only bare minimum guidelines for certain species. The AWA does not protect the horses and ponies used by nearly all circuses, nor does it protect birds, reptiles, or amphibians. There is nothing in the AWA that specifically addresses the special physical and social needs of elephants. The AWA does not prohibit the use of bullhooks, whips, electrical shock, or other commonly used devices that cause pain and suffering. With only about 100 USDA inspectors to regulate nearly 10,000 facilities, many animal exhibitors go a year or more without an inspection.

State and Local Laws
Although circuses are federally licensed by the USDA, circuses are not exempt from state and local laws. State and local agencies may have special permit requirements for circuses, but rarely do they inspect and monitor the treatment of animals to determine compliance with local cruelty statutes. PETA routinely encounters situations where local humane societies will not investigate cruelty complaints against circuses because they feel that they have little knowledge of exotic animals and would be unable to place exotic animals if there were a dire situation that required that they be confiscated. And circuses get away with a great deal of blatant cruelty because it either occurs behind the scenes or they have simply moved on to the next state before a complaint can be investigated. Cruelty to animals is usually considered a misdemeanor and is not a high priority for law enforcement.

To help local agencies play a more active role in preventing circus abuse, PETA has developed a guide, “Basic Tips for Circus Elephant Inspections,” to assist local authorities with inspecting elephants. The guide contains information on monitoring unloading of animals and their performances, checking for signs of illness and injury, looking for evidence of abuse and neglect, and reviewing basic husbandry.


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