Tony, the 550-pound Siberian-Bengal tiger, cannot continue to be housed in an exhibit at the Tiger Truck Stop in Grosse Tete, a three-judge panel of the state’s 1st Circuit Court of Appeal ruled Thursday in Baton Rouge.
But an attorney for truck stop owner Michael Sandlin said Tony will not be moved to a new home soon.
“We are going to file for a rehearing at the 1st Circuit. If we lose on rehearing, we’ll be filing an appeal with the Louisiana Supreme Court,” said Jennifer Treadway Morris, Sandlin’s attorney.
Members of the 1st Circuit panel were Circuit Judges J.E. “Duke” Welch and Randolph H. Parro, as well as retired Judge William F. Kline Jr., who serves on the appellate bench by special appointment of the state’s Supreme Court.
The 20-page decision written by Welch upheld a November 2011 judgment by 19th Judicial District Judge Michael Caldwell, who ruled a 2006 state law bars the Louisiana Department of Wildlife and Fisheries from renewing Sandlin’s permit to house Tony at the truck stop exhibit off Interstate 10.
The appellate panel, however, overturned Caldwell’s decision to allow the nonprofit Animal Legal Defense Fund to intervene in the civil suit on the side of four Louisiana residents who wanted Tony, now 12, sent to an accredited wildlife sanctuary.
Those four residents are Warren Triche Jr., Brandi J. Sutten, Jennifer Torquati and John Kelleher.
Matthew G. Liebman, a California-based attorney for the Animal Legal Defense Fund, said he does not believe the nonprofit organization will appeal the 1st Circuit’s ruling that it should not have intervened in the litigation.
The most important part of the 1st Circuit’s decision was its agreement with Caldwell that state officials cannot renew the permit that allowed Tony to be kept at the truck stop, Liebman said.
“We see this decision as a victory,” Liebman added. “It looks like Tony is finally going to breathe some fresh air.”
Morris, however, noted that Sandlin has a related civil suit pending before 19th Judicial District Court Judge Janice Clark.
Sandlin argues in that suit that a 1993 Iberville Parish ordinance should not be allowed to ban ownership of “wild, exotic or vicious animals for display or for exhibition.”
In his suit, Sandlin adds that he has held a federal permit to keep tigers at the truck stop, just off Interstate 10, since 1988. He argues that a parish ordinance cannot ignore federal rules.
Although the case in Clark’s court remains to be decided, Morris said the 1st Circuit’s decision not to grant standing to the California nonprofit organization in Caldwell’s court is a good sign for Sandlin.
“We beat the Animal Legal Defense Fund” in the first case, Morris said. “That’s a big win.”