UPDATE: 12/19 12:30 P.M. ROCKBRIDGE COUNTY, Va. (WFXR) – During a meeting in court on Tuesday, Dec. 19, a federal judge denied the Natural Bridge Zoo’s motion for an Emergency Preliminary Injunction.
The court also denied the supplemental motion for a temporary restraining order (TRO) request to stop the hearing that was set for Wednesday, Dec. 20.
This ruling comes as the investigation into animal abuse accusations continues in the zoo. Wednesday’s hearing could decide the future of more than 90 animals that were seized from the zoo during search warrants.
Court documents say the injunction request was denied in part because, although the short timeframe before the Dec. 20., hearing is “not ideal”, it failed to prove owners Karal and Deborah Mogensen’s due process rights are being violated or is unconstitutional. It was determined the additional time that would be granted by the injunction would have “little value” to the zoo’s ability to build an adequate countersuit.
Furthermore, any preliminary rulings will be eligible for an appeal, allowing for charges or decisions to be overturned.
WFXR News will continue to provide the most up-to-date information when it’s available.
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ROCKBRIDGE COUNTY, Va. (WFXR) – Attorneys representing the owners of the Natural Bridge Zoo are seeking a delay in a court proceeding that could decide the future of several of the zoo’s animals, almost two weeks after an animal abuse investigation led authorities to search the facility and seize more than 90 animals.
Mario Williams, who represents Natural Bridge Zoo owners Karal and Deborah Mogensen, filed a request for an injunction ahead of a December 20th hearing on the possible seizure of four giraffes. According to the court filing, Williams argues Michelle Welch, Virginia’s Senior Assistant Attorney General, violated the zoo owners’ constitutional rights by seeking to seize the animals before any potential charges have been filed, and without constitutionally required due process.
On Monday, December 18th, a federal judge gave the zoo until 10:00 p.m. that evening to file a brief supporting its request for the injunction. The state then has until 10:00 a.m. Tuesday, December 19th to respond.
According to court documents, the zoo claims veterinarians ordered the killing of a white tiger and accused them of “ineptness” and “torture”. The zoo also takes issue with the state-ordered action plan, which outlines specific steps the state wants to be taken for each of the dozens of animals in the zoo’s care.
According to documents filed with the court, the plans range from requiring the zoo to provide fresh water, shelter, and fencing to detailed veterinary care needs specific to certain species and individual animals. The documents filed with the federal court do not include an action plan for Asha, an elephant at Natural Bridge Zoo. In the immediate aftermath of the search and seizure, a longtime volunteer speaking on behalf of the zoo speculated that the investigation may have had something to do with Asha.
If the federal judge denies the request for an injunction, the potential seizure of the four giraffes is scheduled to be argued at a hearing on Wednesday, December 20th.
WFXR News will continue to provide you with the latest information as it becomes available.
