http://www.berkshireeagle.com/local/ci_27805761/circus-animal-ban-proposed-dalton-an-annual-stop

Circus animal ban proposed in Dalton, an annual stop on Kelly Miller Circus tour

By Phil Demers

pdemers@berkshireeagle.com

@BE_PhilD on Twitter

 Updated: 03/28/2015 03:56:05 PM EDT BerkshireEagle.com

DALTON (photo caption) Circus animals: happy, well-fed, repeatedly inspected town-to-town performers, or stupefied servants denied their instinctual freedom?

In May, town meeting voters will be asked to decide if circus animals should ever be allowed in town again.

If voters OK it, the proposed bylaw would mean "no living non-domesticated animal shall be displayed for public entertainment or amusement in circuses, carnivals, traveling events or other similar entities on property owned by Dalton, or private property."

"Intelligent, emotional animals endure lives of arduous travel in trailers or boxcars and extended periods of being chained or caged," the bylaw further states, also citing "harsh training."

Drafted pro bono by Pittsfield attorney Holly Rogers, the bylaw made it onto the warrant after a citizens petition.

Pending circus dates

The obvious target is the Kelly Miller Circus, which brings to town elephants, tigers, zebras and camels when visiting Dalton American Legion Field for its annual shows, set to hit town this year on July 7 and 8.

Bylaw proponent Marnie Meyers, from the adjacent town of Windsor, said many Massachusetts towns have adopted similar laws. Recently, one of the country's most famous circus companies, Ringling Bros. and Barnum & Bailey, announced it would phase out elephant acts by 2018, citing animal welfare concerns.

"It represents a huge shift in the public consciousness," Meyers said. "People recognize these are sentient beings and are more concerned about their welfare. [The animals] have needs which can't be met living in a traveling circus."

The animals' unhappiness and boredom becomes manifest, Meyers said, in an array of behaviors associated with a condition animal rights advocates call "zoochosis." These include pacing, swaying, head-bobbing and over-grooming.

Organizations supporting the bylaw include the Humane Society of the United States, Massachusetts Society for the Prevention of Cruelty to Animals, and Animal Defenders International. Massachusetts communities who've adopted similar bylaws include Revere, Somerville, Weymouth, Braintree, Provincetown, Quincy, and Plymouth.

Animals well-cared for

On the other side of the coin, Jim Royal, general manager of the Kelly Miller Circus, said the circus wouldn't be a success if the animals were not scrupulously attended to.

"We are a commercial organization," Royal said. "People wouldn't support the circus if there was any doubt that the animals were in good health and well cared for. Overwhelmingly, our customers love the animals in the show."

Daniel McGinnis, a member of the Dalton Lions Club, supporters of the circus, concurred.

"If I ever saw any abuse of an animal in the circus, they would never come back," McGinnis said. "I have not seen that in 21 years."

Even if the town adopts the bylaw, McGinnis said he has a commitment letter from the town of Dalton that has already permitted the circus in July.

The circus, Royal said, is subject to random federal government inspections and the animals are checked by veterinarians every 30 days and animal control officers in each locality the circus visits.

"The animals are accustomed to travel," Royal said. "Our average travel is 40 miles between engagements, and at every stop people gather to see the animals arrive. [A human's] natural lifestyle is to get up and commute to a job every day. It's the same for the animal."

He also objected to the bylaw's language, pointing out that animals like elephants and camels have been domesticated by humans for centuries.

The Kelly Miller Circus, founded in 1938, performs more than 500 times per year over a 38-week span, beginning in Texas in February and wrapping up in the Northeast. Performances are twice per day, on average, and total attendance tops 300,000. On Friday, the circus performed twice in Sheridan, Ark. Each animal performance last about six minutes, maximum, Royal said.

Eleven circus employees work specifically to care for the animals, and "are dedicated to their care and well-being, making sure they get the most nutritious food, grooming and plenty of human interaction" including time "for exercise both mental and physical and for play," the circus website says.

Rogers, on the other hand, told The Eagle no matter what the circus does for the animals, it's not how they should live.

"For your few minutes of watching an elephant come into the ring, there is a lifetime of confinement and suffering," Rogers said. "Most people, if they spend a couple seconds thinking about that, will think, 'My God, I don't care that much about seeing the elephants.' If someone really wants to see them they can go to place where they have a healthy and safe habitat."

Contact Phil Demers at 413-496-6214.