Every time I read of one of these animal seizures, I know there is a back story. The media treats us to stark pictures of people and animals burst upon unexpectedly by an overwhelming hoard of officials who roll in with huge, noisy equipment; terrifying both the humans and the animals. It seems they all love to do these seizures during poor weather too; winter and bare ground, brown leaves, deep mud after a sudden down pouring of rain, just about any circumstances that will make the situation appear worse than the average reality. (After it happens time and time again, it no longer appears coincidence but planned and intentional.)
Then the media instantly touts it as a “rescue” or “saving” of the animals. Always reminds me of the Texas grand jury system where one can indeed indict a ham sandwich because the sandwich doesn’t get to speak; it is all entirely one sided. By the time the animal owner can moderately collect themselves to speak, they have no platform and, even if they did, they’ve already been smeared and convicted in the media. The owner is in shock, spinning, trying to grasp the concept that their loved animals are secreted away in the hands of strangers while they must face at least 2 courts and summary proceedings, both civil and criminal.
After reading the first blurb on the seizure of big cats and other animals from Barbara Hoffman in Marion County, TX, I immediately started searching for the back story as this was a case where I was more likely to find information than in most cases. Much of the media has put Ms. Hoffman’s claims of stardom and circus and animal trainer in quotes. Either they dismissed her claims out of hand or just didn’t bother to spend a few minutes to search the net. I bothered.
Barbara Hoffman was indeed a circus performer along with her husband, Jaro Hoffman, a big cat trainer. They traveled the country performing with their animals for over a decade (probably much longer but I could easily find more than a decade of evidence). Their ‘home” was Florida and I phrase it that way because, of course, they traveled extensively performing. It appears that Jaro Hoffman was also a licensed truck driver. Not too surprising when one is transporting a circus act.
Sadly, about a decade ago, PETA and friends began seriously attacking circuses and it put a chill on the entire industry. After 8 years, the biggest circus case involving the elephants in the Ringling, Barnum, Bailey circus was won by the circus with PETA having been declared the liars and frauds so many of us already knew them to be. It appears that PETA’s reaction to this loss is to become even more aggressive in spying upon people and urging seizures of all sizes and types. I am sure that PETA and their followers are responsible for much of what Ms. Hoffman has and continues to suffer.
As you can see from my just previous entry, Jaro Hoffman died less than 3 years ago (April of 2007) and he died suddenly and unexpectedly. Barbara set about grieving and trying to devise a new life for herself and their beloved animals, no doubt, and while still grieving. Anyone who has lost a spouse of 10+ years can sympathize with the difficulties she faced in adjusting, let alone taking on the work of 2 to care for their animal family and while the economy was beginning to tank.
By October, 2008, Barbara had a business partner, Fred Lulling, and they moved with the animals to a property in Edinburg, TX, with the intent to set up a sanctuary. They applied for permits and began setting up permanent cages for the animals, drawing up plans, planning events. The City of Edinburg declared the animals to be “pets” and the thus the sanctuary to be a violation of the City’s zoning ordinance. It appears this case was strictly over a zoning issue and had nothing to do with the licensing and/or registration of the animals. Hoffman and Lulling attempted to legally challenge that but their petition was kicked on procedural grounds. It seems they didn’t file fast enough (not surprising given the inordinately SHORT time permitted to file in these cases – usually just days). This was in about April, 2009.
“The pair had also failed to register their animals with the city, state and U.S. Department of Agriculture by a city-imposed deadline, said Edinburg spokeswoman Irma Garza in a prepared statement.” So far, I’ve found no indication whatsoever that Hoffman and/or Lulling were notified of this; only mere allegations from the media alluding that they must have known which is apparently based on the foregoing statement from the City of Edinburg to the media. It would not surprise me at all to learn that she knew nothing of that "prepared statement" or even to learn that Jaro had been handling the legal affairs throughout their marriage, leaving her to try to catch up while juggling her complicated life. In fact, this is still the norm for a widow and one does not catch up in a short period even under the best of circumstances.
I’m sure the costs of all that hoopla in Edinburg was extraordinary to Barbara and Lulling. The costs of moving a normal household are and their household, well, … They had made an investment in the Edinburg community and it was probably based on representations by officials that the permits would be forthcoming and then someone raised a fuss. (My guess would be PETA but it could have been someone else.)
"I need to get these animals settled," [Barbara] said. "I need to be settled." So she tried again.
Barbara, Lulling, and the animals had been in Marion County for less than 2 weeks when someone called in a complaint. On Sunday, January 24th, it appears that Marion County Sheriff Bill McKay (probably accompanied by animal rights activists) went out and coerced them into a little sneak and peak. I’m sure they claimed they had permission to search but I'm not the least bit sure they did or that it was voluntarily given. And that their sneak and peak resulted in an affidavit used to obtain the search and seizure warrants. I am quite sure they made ZERO attempt to have discussions or otherwise address whatever concerns they might have. They leapt straight to seizing the animals. This procedure has simply become the SOP, learned from PETA by all the activists and with utter disregard for anyone’s civil and constitutional rights. And then comes Wednesday, January 27th.
“An entourage of about six state and county officials caravanned… Responding to the scene were the Texas Animal Health Commission, the Marion County District Attorney's Office, U.S Marshals Office, the Texas Game Warden, Waskom Police Department Reserves, Marion County Sheriff's Office, Humane Society of Marion County and Marshall Animal Control.” “District Attorney's Office served Barbara Hoffman with a search and seizure warrant Wednesday and we were right there alongside them. We arrived in Chopper 7”
It is interesting to note who is there and who is NOT there for this gig. The officials brought their humane activists and a media contingent but who in that group is qualified to handle the big cats? Does even the Texas Game Warden have experience with Tigers? I’m doubting that! And blowing in on a helicopter? Yeah, that’s sure not to upset the animals! However, it appears they weren’t terribly unsettled by all the commotion and I’m sure that was much to the officials’ disappointment and VERY much to the credit of Barbara and Jaro Hoffman’s training of the big cats.
"The USDA (United States Department of Agriculture) has been after them for a while," said Caroline Wedding, president of the Humane Society of Marion County. Really? Sure doesn’t look like they joined your entourage. You had several days to set this up and they couldn’t even send a single representative to be in attendance? How odd if they’re so interested in “them”.
Larry Nance of the Marion County DA office: "They're not let out to use the restroom at any time." That in regards to the big cats. Really Larry? My cats use a litter box and my dogs pee and poop in the yard (sometimes their crate when we travel) but none of my animals use a “restroom”. Is that the new standard for pets? Are they to have a restroom complete with toilet and lavatory? Is a shower stall adequate or a full tub mandated? Will a shared bathroom do or must we provide one for each animal?
The Texas and US legislatures have gone so wild passing reams of law it wouldn’t surprise me to find my tongue in cheek comments to be the current state of the law. Most of us don’t have a chance in hell of keeping up with that deluge of laws coming down from on high by people who know so little about animals that they make reference to a “restroom” as a child would do; let alone a chance to interpret it when it’s filled with equally ludicrous language. I include myself amongst those who simply can't keep up and I have a law degree and am a FAST reader.
Perhaps you’d all like to check out a little more about Yaro and Barbara. Their old website is still up here (and which indicates to me Barbara’s intent to revive the show with her beautiful animals if the world would merely let her). Oh, and even that crazy Marion County humane woman admitted the animals were fed but just didn’t like them being in their “cramped” cages that hadn’t been cloroxed in the last 10 minutes; oh, and of course, the "stench" that is never verified by anything but their word. BTW, those would be the same cages you see the big cats in at the “shelter”. Huh, guess it takes time to set up even when you have a fat government and humane budget to work with. (And isn’t it neat how these government agents are getting in the habit of snatching up equipment to house the animals while simultaneously claiming the equipment is sub-standard?)
As this has gotten quite a bit of media coverage already (seems the Marion County group wants to stage its very own circus out of this), I’ll have much more to say on this new seizure obscenity perpetuated by and in Marion County, TX. I’ll end today with one last item.
The hearing is said to be set for 11 AM, Thursday, February 4th. I hope every person in the circus industry who can get to Marion County shows up to support Barbara Hoffman and Fred Lulling. I also hope every animal owner who can attend does AND that every animal industry group sends representatives as well. We all need to show our solidarity for one another as owners every time the government attempts to summarily snatch up animals; especially so when their allegations are nominal and the animals are fed and reasonably healthy as they seem to admit these are (and THAT’S sure a rarity when said by a humane group so these animals are probably in extraordinarily good conditions, being merely cramped during a huge move and set up at a new facility).
Where will the hearing be? It might be in front of one of the Marion County J.P.s but they sure don’t give court locations. Like my own piddly Texas county, they don’t put addresses on their website. Best I can give you is Jefferson, TX, in Marion County and suggest that the old Courthouse is a good place to meet at a bit early and start hunting.