Justice Department Secures Agreement Preventing Animal Welfare Act Violations at Ohio Auction House

In a consent decree entered today by the U.S. District Court for the Northern District of Ohio, Mt. Hope Auction Co. agreed to monitoring and future restrictions to prevent it from violating the Animal Welfare Act (AWA) through future auctions of exotic or other AWA-regulated animals.

In September, the United States filed a complaint against Mt. Hope Auction, alleging that it was placing animals in serious danger and violating the AWA and its regulations and standards during the Mid-Ohio Alternative Animal and Bird Sales that it held three times a year. Each of these auctions featured thousands of animals, including over 200 different species ranging from parrots to exotic cattle breeds to animals listed under the Endangered Species Act like ring-tailed lemurs.

At the time of the complaint, Mt. Hope had been cited for 69 AWA violations in less than two years, including repeat violations for failing to provide veterinary care to sick or injured animals, allowing unsafe or unsanitary animal enclosures, and allowing the public to touch animals — including potentially dangerous coyotes, fox and bobcats — without proper barriers or employee supervision. The complaint also alleged that Mt. Hope had accepted hundreds of animals from sellers who did not hold the required license from the Department of Agriculture (USDA), becoming a hub for unlawful and poorly documented sales that could proliferate the inhumane care of animals.

The court entered a temporary restraining order against Mt. Hope on Sept. 13, requiring the auction company to comply with several AWA requirements at its September Alternative Animal and Bird Sale. Mt. Hope canceled that sale. Mt. Hope’s USDA license was set to expire at the end of the September, and after failing to demonstrate compliance at two inspections, Mt. Hope declined the third and final opportunity for a re-licensing inspection and terminated the re-licensing process.

“In recent years, Mt. Hope Auction has auctioned off more than 5,000 animals annually, which underscores the widespread effect of their violations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The company’s ‘business as usual’ approach — risking injury, illness and harm to the animals at its auctions — will not continue. It is important for auction houses dealing in regulated animals to abide by the Animal Welfare Act and provide humane treatment to the animals that come through their doors.”

“USDA is committed to ensuring the safety and wellbeing of animals protected under the Animal Welfare Act,” said Deputy Administrator Sarah Helming for USDA’s Animal Care program. “The partnership between USDA and DOJ helps to ensure enforcement of the AWA regulations for those who put regulated animals at risk.”

“Despite numerous opportunities to correct their business practices, Mt. Hope Auction chose not to comply,” said U.S. Attorney Rebecca Lutzko for the Northern District of Ohio. “Their complete disregard for the laws regarding animal welfare and treatment placed both these animals and the public at large in danger. As this case demonstrates, we will hold accountable businesses that seek to profit from treating animals inhumanely.”

Under the consent decree, Mt. Hope Auction agrees to not deal in or exhibit AWA-regulated animals without a license, and to allow the Department of Agriculture (USDA) access to ensure compliance with this provision. Moreover, if Mt. Hope Auction applies for and obtains a new USDA license within the next three years, it agrees to enter a two-year probationary period.

During the probationary period, Mt. Hope Auction agrees to comply with AWA requirements to provide adequate veterinary care to animals consigned at the auctions; handle animals carefully; prevent the public from contacting animals without a responsible employee present; ensure that all facilities and enclosures are sanitary, in good repair and meet the minimum AWA standards; and create and maintain complete and accurate records. Mt. Hope also agrees to maintain veterinary records to allow for future monitoring of veterinary care. If Mt. Hope is found to have repeatedly violated the same AWA regulations and standards during the probationary period that were the subject of the United States’ claims, its AWA license will be permanently revoked.

USDA investigated the case and filed a parallel administrative enforcement action.

Senior Trial Attorney Devon Flanagan and Trial Attorneys Kamela Caschette and Taylor Mayhall of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section prosecuted the case, with support from USDA’s Office of General Council and Animal and Plant Health Inspection Service and the assistance of Assistant U.S. Attorneys Kathryn Andrachik and Elizabeth Deucher for the Northern District of Ohio.