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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff , v. 20-cv-423-JFH JEFFREY LOWE, Case No. LAUREN LOWE, GREATER WYNNEWOOD EXOTIC ANIMALPARK, LLC, and TIGER KING, LLC, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff, United States of America, by authority of the Attorney General of the United States and through its undersigned attorneys, files this Complaint and alleges as follows: INTRODUCTION
- This is a civil action against Jeffrey Lowe, Lauren Lowe, Greater Wynnewood Exotic Animal Park, LLC (“GWEAP LLC”), and Tiger King, LLC (together “Defendants”) for violations of section 9 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1538(a)(1), (g), and violations of the Animal Welfare Act (“AWA”), 7 U.S.C. §§ 2134, 2159.
- In January 2018, Jeffrey Lowe claimed to have “learned a lot about distracting, diverting attention, & using smoke and mirrors in the last few years.” Lowe has said, “If we lose a lawsuit, we simply change the name and open another animal business someplace else, we all have multiple USDA licenses available.” U.S. Department of Agriculture (“USDA”)-APHIS- Animal Care Animal Welfare Complaint No. AC18-426, at 197 (May 18, 2018).
- To avoid federal investigation and inspection, Defendants have unlawfully established an unlicensed exhibition facility on an approximately 33-acre parcel of land in Thackerville, Oklahoma. (See photo below). The Lowes have dubbed the facility “Tiger King Park.”
- Upon information and belief, the Lowes have granted film crews access to this facility. In public statements, including on the Internet, the Lowes have declared that the facility will operate for the foreseeable future as a film set for exhibiting Tiger King-related content. Upon information and belief, Tiger King programming has been and will be available to the public through the paid subscription service Netflix®. The Lowes are also exhibiting animals in “shout out” videos made available to members of the public for a fee on the video-sharing platform, Cameo. (See photos below).
- Other webpages advertise Tiger King Park apparel and other merchandise for sale. These webpages similarly exhort the public to purchase the merchandise to “HELP BUILD THE NEW TIGER KING PARK” and “Support the New Tiger King Park opening 2021!”
- According to recent inspection records and other sources, the Lowes possess
approximately 100 to 200 ESA-protected animals. Upon information and belief, those animals are now housed at the Thackerville facility. This facility is located in the midst of an otherwise residential, rural area. While there could be more than 200 wild or exotic animals living at the site, the government has no information about the facility’s provisions for water supply or waste disposal at the facility. Upon information and belief, there is no municipal water or sewer service at the facility.
- Even when subject to federal inspection and oversight, the Lowes compiled a record of inadequate and inhumane treatment of animals, including ESA-protected animals.
- Prior to August 21, 2020, Jeffrey Lowe individually held AWA license 73-C-0230. Jeffrey Lowe, together with Lauren Lowe and GWEAP LLC, exhibited numerous species of animals, including ESA-protected animals, at a roadside zoo in Wynnewood, Oklahoma: Greater Wynnewood Exotic Animal Park (“GWEAP” or “Wynnewood facility”).
- On August 14, 2020, USDA’s Animal and Plant Health Inspection Service (“APHIS”) suspended AWA license 73-C-0230. USDA then filed an administrative complaint seeking permanent revocation of that license on August 17, 2020.
- On August 21, 2020, Jeffrey Lowe voluntarily terminated AWA license 73-C-0230. But the Lowes continue to exhibit animals without a required AWA exhibitor license and thereby attempt to avoid government investigation or inspection.
- In violation of federal regulations for animal exhibitors, during the last two years, the Lowes and GWEAP LLC failed to employ an attending veterinarian and failed to provide timely and adequate veterinary care to the animals in their possession. The failure to have formal arrangements with an attending veterinarian, including a written program of veterinary care and regularly scheduled visits to the premises to ensure the health and well-being of the animals, has
health. Several ESA-protected animals were and continue to be underweight or emaciated and/or suffering from nutritional deficiencies. In the past year, these included metabolic bone disease in certain animals, which causes the animals to be lame, makes them more susceptible to fractures, in some cases prevents them from standing or walking, and may result in neurological problems.
- The Lowes and GWEAP LLC also thereby allowed animals to become extremely thin. This included a grizzly bear “Gizzy,” observed with evident spinous process of vertebral bodies, hip bones, and scapula (See photo below and Ex. 1 at 19 & 32):
- In violation of the ESA, the Lowes and GWEAP LLC have routinely separated their Big Cat^1 cubs and ring-tailed lemur pups from their mothers at too early an age for exhibition and interstate transport to other roadside zoos, resulting in physical and psychological harm.
- In violation of the ESA and AWA regulations, the Lowes and GWEAP LLC have routinely forced their Big Cat cubs and ring-tailed lemurs to have direct contact with members of the public and each other. This significantly disrupts and impairs them from carrying out their natural behaviors in a manner that is likely to result in significant physical and psychological injury.
(^1) Big Cat refers to lions, tigers, and hybrids thereof.
- In violation of federal regulations for exhibitors, the Lowes and GWEAP LLC failed to maintain sanitary and safe conditions at the Wynnewood facility, resulting in, among other things, fly strikes. These are large patches of painful ulceration on the animals’ ears and legs caused by flies continuously attacking, biting, and penetrating the skin of an animal. (See photo below and Ex. 1 at 36 & 38):
- In violation of federal regulations for exhibitors, the Lowes and GWEAP LLC failed to maintain adequate enclosures. This thereby allowed for at least one senior tiger to be attacked by other tigers, resulting in his death three days later.
- These actions and practices “harm” and “harass” ESA-protected animals in violation of the ESA’s take prohibition. The Lowes and GWEAP LLC also violated the ESA by possessing, delivering, carrying, or transporting these taken animals.
- Neither Jeffrey Lowe nor the other Defendants currently have a valid USDA Class C exhibitor license. Nevertheless, Defendants continue to exhibit animals to members of the public without a USDA exhibitor license in violation of the AWA.
- Defendants’ actions placed and are continuing to place the health of numerous animals in serious danger. Defendants are in violation of AWA and its implementing regulations and standards.
- After being ordered to vacate the Wynnewood property, see Big Cat Rescue Corp. v. Schreibvogel , No. CIV-16-155-SLP, 2020 WL 2842845 (W.D. Okla. June 1, 2020), Dkt. No. 152, Mr. Lowe relocated the animals to 21469 Jimbo Road, Thackerville, Oklahoma, 73459, and/or 21619 Jimbo Road, Thackerville, OK 73459 (“Thackerville facility”).
- Defendant Lauren Lowe is the wife of Jeffrey Lowe and, upon information and belief, currently resides with him in Love County, Oklahoma. Lauren Lowe also formerly resided at 25803 N. CR 3250, Wynnewood, Oklahoma 73096. Lauren Lowe, as co-owner and/or co- operator of the Wynnewood facility, was fully involved its operation, including decisions on husbandry, diets, and veterinary care, and participated in USDA inspections. She also handled the records, including inventory, acquisition, and disposition of the animals. Lauren Lowe purports to be the Vice President of GWEAP LLC. She is also a member of Tiger King, LLC. Lauren Lowe also owns and exhibits the animals that are the subject to this action.
- Defendant GWEAP LLC is an Oklahoma limited liability company located at 25803 N. CR 3250, Wynnewood, Oklahoma 73096. On information and belief, GWEAP LLC owns and/or exhibits the animals that are the subject of this action.
- Defendant Tiger King, LLC is an Oklahoma limited liability company with its principal place of business at 21469 Jimbo Road, Thackerville, Oklahoma, 73459. Tiger King, LLC was registered on May 15, 2020, and has the Trade Name “Tiger King Park.”
- The Thackerville facility is located in a rural, residential area. (See photo below). At the entrance of the facility, there is a big stop sign and a white rectangular sign which states the following: Private Driveway, No Trespassing, No Filming Permitted, 24-hour Armed Security,
symbol @tigerkingpark.” (See photo below).
Violators will be Prosecuted, for contact information visit www.officialtigerking.com, Instagram
comply in all respects with the regulations and standards for the humane handling, care, treatment, housing, and transportation of animals. 9 C.F.R. § 2.100(a).
- With regard to food, it must be wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. 9 C.F.R. § 3.129(a). Further, supplies of food must be stored in facilities which adequately protect it against deterioration, molding, or contamination by vermin. 9 C.F.R. § 3.125(c). Refrigeration shall be provided for supplies of perishable food. Id.
- With regard to sanitation, the standards mandate that “[a] safe and effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.” 9 C.F.R. § 3.131(d).
- With regard to facilities, indoor and outdoor housing facilities must be structurally sound and maintained in good repair to protect animals from injury and to contain the animals. 9 C.F.R. § 3.125(a). Further, any surfaces that come in contact with nonhuman primates must be free of rust and jagged edges or sharp points that might injure the animals. 9 C.F.R. § 3.75(c)(1)(i)-(ii).
- With regard to nonhuman primates, such as ring-tailed lemurs, exhibitors must develop, document, and follow a plan for environment enhancement adequate to promote the psychological well-being of nonhuman primates, and include specific provisions to address the social needs of nonhuman primates of species known to exist in social groups in nature. 9 C.F.R. § 3.81(a).
- With regard to veterinary care, each exhibitor shall have an “attending veterinarian” and assure that the attending veterinarian “has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use.” 9
C.F.R. § 2.40(a)-(a)(2). The exhibitor “shall employ an attending veterinarian under formal arrangements.” 9 C.F.R. § 2.40(a)(1). The formal arrangements must include “a written program of veterinary care and regularly scheduled visits to the premises of the... exhibitor.” Id. Each exhibitor must establish and maintain programs of adequate veterinary care that include, but are not limited to, “[t]he use of appropriate methods to prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care,” id. § 2.40(b)(2), and daily observation of all animals to assess their health and well-being, id. § 2.40(b)(3). While the daily observation can be accomplished by someone other than the attending veterinarian, there must be a mechanism of direct and frequent communication so that timely and accurate information of problems of animal health, behavior, and well-being is conveyed to the attending veterinarian. Id.
- The AWA, through its implementing regulations and standards, sets parameters and restrictions on the public exhibition of animals. “Animals shall be exhibited only for periods of time and under conditions consistent with their good health and well-being.” 9 C.F.R. § 2.131(d)(1). During public exhibition, an animal must be handled so there is minimal risk of harm to the animal and to the public, “with sufficient distance and/or barriers between the animal and the general viewing public.” Id. § 2.131(c)(1). In particular, “[y]oung or immature animals shall not be exposed to rough or excessive public handling or exhibited for periods of time which would be detrimental to their health or well-being.” Id. § 2.131(c)(3).
- The AWA requires the Secretary to make investigations and inspections as necessary to determine whether any exhibitor has violated any provision of the AWA or any regulation or standard issued thereunder. 7 U.S.C. § 2146(a). The inspector shall have access to the places of business and the facilities, animals, and records. Id. ; 9 C.F.R. § 2.126.
trust, association, or any other private entity.” 16 U.S.C. § 1532(13). The ESA defines the term “species” to include fish or wildlife that interbreed when mature and the term “fish and wildlife” as any member of the animal kingdom, including mammals, and any “offspring thereof.” 16 U.S.C. §§ 1532(16), 1532(8). The ESA defines an “endangered species” as “any species which is in danger of extinction,” 16 U.S.C. § 1532(6), and a “threatened species” as “any species which is likely to become an endangered species within the foreseeable future,” id. § 1532(20). The ESA authorizes the Secretary of the Interior to administer the ESA with respect to terrestrial species. This authority has been delegated to the U.S. Fish and Wildlife Service. 16 U.S.C. § 1532(15); 50 C.F.R. § 402.01(b).
- Except as authorized by permit, the ESA makes it unlawful for any person to “take” any endangered species within the United States. 16 U.S.C. § 1538(a)(1)(B); 50 C.F.R. § 17.21(a), (c)(1). Likewise, except as authorized by permit, the ESA prohibits any person from taking of any threatened species within the United States listed prior to September 26, 2019, unless the U.S. Fish and Wildlife Service has issued a species-specific 4(d) rule. 16 U.S.C. § 1538(a)(1)(G); 50 C.F.R. § 17.31(a), (c). The ESA also makes it unlawful for any person subject to the jurisdiction of the United States to attempt to commit taking, to solicit another to commit taking, or to cause taking to be committed with such endangered or threatened species. 16 U.S.C. § 1538(g); 50 C.F.R. §§ 17.21(a), 17.31(a), (c).
- The ESA defines the term “take” to include “ harass, harm , pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” 16 U.S.C. § 1532(19) (emphasis added).
- The term “harass” is defined by regulation to include an “intentional or negligent act or omission which creates a likelihood of injury to wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. This definition, when applied to captive wildlife, does not include generally accepted: (1) Animal husbandry practices that meet or exceed the minimum standards for facilities and care under the Animal Welfare Act; (2) Breeding procedures; or (3) Provisions of veterinary care for confining, tranquilizing, or anesthetizing, when such practices, procedures, or provisions are not likely to result in injury to the wildlife. Id. The term “harm” is defined by regulation as an act which “kills or injures” an endangered or threatened wildlife. Id.
- Under the ESA, it is also illegal to possess, deliver, carry, or transport any unlawfully taken endangered species, or any unlawfully taken threatened species listed on or prior to September 26, 2019, unless otherwise provided by a species-specific 4(d) rule. 16 U.S.C. § 1538(a)(1)(D), (G); 50 C.F.R. §§ 17.21(d), 17.31(a). It likewise prohibits any person subject to the jurisdiction of the United States to attempt to commit, to solicit another to commit, or to cause to be committed these prohibited acts with such endangered or threatened species. 16 U.S.C. § 1538(g); 50 C.F.R. §§ 17.21(a), 17.31(a); (c).
- The ESA authorizes the Secretary of the Interior to issue a permit for any act that is otherwise prohibited by 16 U.S.C. § 1538, but, as relevant here, only if such act is “for scientific purposes or to enhance the propagation or survival of the affected species” and other strict requirements are met. 16 U.S.C. § 1539(a)(1)(A), (c), (d).
- All fish or wildlife taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, shipped, exported, or imported contrary to the provisions of the ESA, any regulation made pursuant thereto, or any permit or certificate issued hereunder shall be subject to forfeiture to the United States. 16 U.S.C. § 1540(e)(4)(A).
the license one week later. At the Wynnewood facility, the Lowes and GWEAP LLC exhibited numerous animals, including ESA-protected Big Cats, a grizzly bear, and ring-tailed lemurs to the public for compensation. Members of the public paid a fee to directly interact with Big Cat cubs and ring-tailed lemurs and to view the other animals at the zoo.
- In 2017, the Lowes represented to APHIS that they held 29 animals (1 nonhuman primate and 28 wild or exotic mammals); in 2018, they represented to APHIS that they held 162 animals (7 nonhuman primates and 155 wild or exotic mammals); in 2019, they represented to APHIS that they held 202 animals (10 nonhuman primates and 192 wild or exotic mammals); in 2020, they represented to APHIS that they held 212 animals (7 nonhuman primates and 205 wild or exotic mammals). Upon information and belief, the Lowes have approximately 100 to 200 ESA-protected animals in their possession.
- However, the Lowes routinely violated 9 C.F.R. § 2.75(b) by failing to make, keep, and maintain records or forms that fully and correctly disclose their acquisition and disposition of animals.
- Such instances include, on or about October 23, 2017, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the disposition of one tiger.
- On or about March 7, 2018, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the disposition of one tiger and one ring-tailed lemur.
- On or about August 30, 2018, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the acquisition of four animals that were observed by an APHIS inspector, including two tigers (Forrest and Enzo), one cougar, and one Canada lynx.
- On or about February 20, 2019, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the disposition of a lion-tiger hybrid, a ring-tailed lemur
and a tiger.
- On or about July 8, 2020, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the disposition of twenty-five animals, including one capybara, two baboons, one prehensile tailed porcupine, one red ruffed lemur, one kinkajou, eight prairie dogs, three bats, one Fisher Cat, one sloth, one wolf (Sky), four tigers (Rheque, Amarouk, Tess, and Jughead), and one lion-tiger hybrid (Lizzy).
- In addition, the Lowes failed to make, keep, and maintain records or forms that fully and correctly disclose the acquisition of nine animals, including two armadillos, two caracals, one ocelot, three tigers (Medusa, Filet and Mudcat), and one lion-tiger hybrid (Mani).
- In addition to the Wynnewood and the Thackerville facilities, the Lowes also have exhibited animals at off-site locations throughout the United States. For example, Jeffrey Lowe transported animals for exhibition at locations in and around Las Vegas, Nevada on a number of occasions.
- On July 13, 2017, Jeffrey Lowe was cited for exhibiting, without required city and county permits, a 4-week-old tiger at a McDonalds in Pahrump, Nevada.
- On November 16, 2017, the City of Las Vegas, Nevada cited Jeffrey Lowe for not having a permit for wild animals, conducting business without a license, and for maintaining a public nuisance. Jeffrey Lowe pleaded nolo contendere to conducting business without a license. The Las Vegas Municipal Court found him guilty on April 5, 2018, issued a suspended jail sentence, a Stay Out of Trouble order, and ordered him to pay $2,500 in restitution.
- Three additional counts for not having a permit for wild animals are pending. Las Vegas Municipal Court, Case No. C1185093A—Jeffery (sic) Lee Lowe (Nov. 16, 2017).
- Further, Jeffrey Lowe surrendered ownership of a tiger cub, lion-tiger hybrid cub, and a
