Hogle Zoo got a slap on the wrist from a federal agency and got slapped with a civil lawsuit the same day Wednesday in connection with the Feb. 27 escape of three chimpanzees and their attack on two zoo workers.
The U.S. Department of Agriculture has issued an "official warning notice" to Hogle Zoo that it violated the Animal Welfare Act. But the notice, accompanied by a letter dated April 29 and sent by certified mail to the zoo, does not levy any fine against the zoo, according to information presented by zoo officials in a press conference Wednesday afternoon at the zoo.The press conference apparently occurred coincidentally on the same day asa civil lawsuit was filed against the zoo by a Salt Lake attorney who represents Jamie Bradley, Centerville, one of the injured employees.
Bradley, then 28, was the most seriously injured of the zoo workers. He lost one finger, part of his left ear and part of his nose, has undergone surgeries and remains under medical care.
Named in the complaint, filed Wednesday in 3rd District Court, were the Utah Zoological Society Inc., which operates the zoo; zoo Executive Director Craig Dinsmore; Kimberly Tropea, 35, the other zoo worker injured by the chimps; and other unnamed individuals who may have been involved in the chimp escape. The suit was filed by attorney Albert W. Gray, who represents Bradley.
Tropea was attacked by the chimps when she came to Bradley's aid. Two of the animals, Chip and Happy, were shot by zoo workers and had to be euthanized because of the severity of their injuries. A third chimp, Tammy, was safely directed by zoo workers away from the scene and has since been sent to Sedgwick County Zoo in Wichita, Kan.
In his letter to Dinsmore, Dr. Robert M. Gibbens, a veterinarian and regional director in Sacramento of animal care for USDA, said the federal agency had completed its investigation of the chimp incident.
"Based on the results of that investigation, an official warning notice is being issued for violation of Section 3.80(a)(2)(iii) of the Animal Welfare Act regulations.
"This section requires that primary enclosures be constructed and maintained to contain non-human primates securely and prevent accidental opening of the enclosure, including opening by the animal," Gibbens' letter states.
The USDA veterinarian and administrator said no other violations were found.
Further, the letter says that due to the zoo's "good compliance history over the last three years and actions taken by the zoo in response to this (the chimp) incident, no enforcement action other than this warning notice will be taken.
"(But) this notice is being issued as a serious warning that if Utah's Hogle Zoo fails to comply with the requirements of the Animal Welfare Act in the future, this citation and all past and future documented alleged violations may be used to justify a more severe penalty. The Animal Welfare Act provides for penalties of up to $2,500 per violation."
In November 1995, Hogle Zoo and the USDA agreed to a negotiated settlement in civil complaint that was filed in July 1994 against the zoo. In 1995, the zoo did not admit in the complaint to any of 11 alleged violations of the federal act. But zoo officials agreed to the assessment of a $25,0000 civil penalty.
On Wednesday, Dinsmore said the USDA's full investigative report on the chimp incident was not available for public review because it did not contain pertinent information that has a bearing on conclusions.
In response to USDA notice, Dinsmore explained that 10 keeper access doors in the Great Apes Building are each being equipped with three new security locks. Old latch systems are being removed.
Each door, accessible only to employees who enter or leave the animal area in the building, will be equipped with a "high security self-locking latch mechanism." The self-locking mechanism is spring loaded so that when the door shuts, it will remain shut until disengaged with a security key. Each door will also be equipped with two deadbolt locks that can only be locked from the outside.
Bradley was attacked after the male chimps got access to an employee service area through a door that was not secured properly. Dinsmore said the new locks will help counter human error.
The director would not comment on which employee was responsible for not securing the door.
"Our employees are not public employees and are entitled to protection of their private lives."
Bradley's lawsuit, however, says that Tropea "negligently, careless(ly) and/or otherwise left a door to the chimpanzees' cage unlocked."
In a separate interview, Dinsmore said there will be no changes in the zoo's training procedures for new volunteers or employees.
Further, Dinsmore said Bradley was duly employed by the zoo as of August 1998 and was not considered a volunteer at the time of the incident. According to a report issued by the zoo's own internal investigative committee, zoo "personnel were adequately trained and experienced for the work they were performing."
Dinsmore said Tropea is back to work. Bradley is receiving workers' compensation and is technically still employed by the zoo. And Tammy is enjoying the company of 12 other chimps in Kansas.
Dr. Ross S. Anderson, who lost his job last year after many years as the zoo veterinarian, expressed the opinion that the zoo administrators are "getting off easy" with the USDA ruling.
"It is not the (conclusion) that I would have reached, knowing the facts as I know them."
Anderson, who has been among former zoo employees critical of present zoo management, said USDA investigators were "operating under different rules. The scope of their investigation is limited to parameters of the Animal Welfare Act, so a lot of personnel issues don't (have) interplay."
Gray, Bradley's attorney, maintains that Bradley was a volunteer when he was attacked by the chimps while cleaning an orangutan cage. The suit claims that Tropea "had not been properly trained" in the care of the chimpanzees and "or how to secure their cages." Further, the suit states that Dinsmore "had been warned not to have Jamie Bradley perform as a volunteer in The Ape House, as it agitated the chimpanzees."
Among other things, Gray said the suit asks that the zoo provide for Bradley's loss of past and future wages and medical bills, now exceeding $80,000.