Carnival & Fair News

When Kevin Mitchell started as the new  Manager of  Sussex County Fairgrounds/New Jersey State Fair & Sussex County Farm & Horse Show this year he had to confront an issue other fair managers across the country only fear. How to replace exotic animals at the annual Garden State event come summer?

“Nosey's Law” went into effect in the Garden State in 2019. Believed to be the most restrictive animal exhibition law in the U.S., "Nosey's Law,"  bans wild and exotic animals in traveling carnivals and circuses. The law is named for 36-year-old African elephant that had reportedly performed at the New Jersey State Fair and other stops across the country while allegedly suffering from arthritis and abuse by her handlers.

Unsure Impact

January was literally his first month on the job and Mitchell was still sorting through the specifics implications of the law on the fair. As far as he knew, the only exotic animals at last year's fair was a petting zoo that included animals such as giraffes and toucans , but he was aware of other exhibits in years past that included camels, lamas and of course, the elephant.  Due to his newness in the position and that much of the fair, especially the committees that determine the content of the programming, is made up of volunteers, he is unsure exactly how the new law will impact the fair. “We are aware of the new restrictions and are in discussion with exhibitors,” said Mitchell. He described the situation as “fluid” and was unsure if the fair will be contracting with a new petting zoo as well as any economic impact on the fair due to complying with the new restrictive law. 

In addition to the State Fair, there are about 20 fair members of the Association of New Jersey Agricultural Fairs, which is administered through the state's Agricultural Department, according to a spokesperson for the association, who was unable to comment on how many of the members will be impacted by Nosey's Law.

But for the largest fair in the New Jersey – the State Fair Meadowlands – a non-agricultural, privately owned fair in northern New Jersey – the impact is clear. “It's a scramble for us,” said Michele Tartaglione, Managing Director of  State Fair Group. While the passage of Nosey's Law was not a surprise – it had been discussed in the legislature and New Jersey had passed other serve restrictions on specific animals – the sweeping nature of the law was unexpected. “We thought it would be incremental,” she said. 

Like many  fairs – exotic animal attractions, both as animal acts and exhibitions – have been critical components of the State Fair  Meadowlands  experience. Tartaglione said the fairs' petting zoo, Commerford & Sons – has been informed not to bring any of the animals now banned by the new law and she's cancelled contracts with several shows, including alligators, sea lions and sharks.  “There was no reason to cancel the petting zoo completely because it's a mixture of animals, but the other acts we are not able to bring back,” she said. “It's very disappointing, because they are small businesses and professionals who take very good care of their animals, it's their livelihood.”

The frustration is that in spite of going beyond existing regulations ensuring the safety and welfare of the animals nothing appeased legislators intent on implementing a ban. “We vet all our acts,” said Tartaglione. “The elephant was bathed every day, the animals are well rested, and they were rotated.  Not only does the state inspect, but we inspect the animals, making sure they receive proper care.”

Nosey's Law may not just be one of the most extreme exotic animal laws in the U.S., but it also seen as part of a pattern. Animal Rights Activists – which include organizations such as People for the Ethical Treatment of Animals (PETA)– have been increasing their pressure at all levels – from e-blasting fair boards and municipalities – to lobbying state houses – often beginning with protests at the actual fair.  Three or four years ago,  about a dozen animal rights activists staged a sit-down protest at the State Fair Meadowlands. Tartaglione, who was unable to recall the exact year.

Activity Increasing 

According to Mary Lou Kelly, a consultant on animal rights legislation for the Outdoor Amusement Business Association (OABA) and the International Association of Fairs & Exhibitions (IAFE), “The New Jersey bill was the first successful passage of an outright ban on the use of wild and exotic animals in traveling acts..”

However, Hawaii enacted a similar measure (although through its Department of Agriculture) last year. Other states have enacted bans on specific animal groups – for instance, California, Rhode Island and New York recently passed  “statewide bans on the use of bull hooks which in effect prevented any traveling acts using elephants from visiting those states by banning the use of elephant management tools.   Illinois passed a ban on any use of elephants in traveling acts.  These pieces of legislation focused solely on exhibitions and performances using elephants; the New Jersey and Hawaii bills included other exotic species.”

Kelly points out that like most legislative efforts, unsuccessful attempts at bans precede ultimate  passage of these comprehensive bans. These efforts are ongoing and occurring at state and local levels nationwide.  “Unfortunately, legislative efforts such as what occurred in New Jersey have been promoted by animal extremists across the country,” said Kelley. “Circuses, fairs, and other animal industry supporters have been fighting similar legislation for years. Legislation to ban the use of elephants and other exotic animals in traveling shows has been defeated in past sessions in New Jersey, Hawaii, Massachusetts, Connecticut, New York, Ohio, Rhode Island and Illinois.  In addition, local and municipal efforts to ban animals in traveling acts were defeated in over 25 cities.” 

“Nowhere is as tough as Jersey,” said Georgina “Pom Pom” Donoho, who with her husband, Vincent Von Duke, operates Close Encounters of the Exotic Kind.. This husband and wife team are 7th generation offspring of circus families; their act evolved into an educational exhibition. New Jersey fairs used to be on the Close Encounters of the Exotic Kind summer schedule, but not for at least five years said Donoho. She said the route has become severely limited, losing three fairs in 2018.  The Southern and Midwestern fairs are still booking the Close Encounter cats, but there are fewer Northeastern states and “we haven't played California in years.” 

As the grassroots part of the lobbying effort, animal rights groups bombard government officials, local media, and fair boards with emails and other forms of pressure. Fairs and other events often succumb by not booking the show even without any legal ban being enacted. “Activists come  in with hundreds of emails,” she said. “You see it big cities and college towns, a lot on the East Coast. We played one carnival in New York City, never had a problem, for four years. Now they stopped us because of permits. We lost the venue. It's getting worse. Washington D.C. and Florida are very tough.” 

Certain Markets 

Phil Hendricks specializes in exhibiting primates and said his company,  Banana Derby, is the last traveling monkey show in the U.S. The anti-exotic animal exhibition movement has made him “over-cautious. I stay away from the East Coast and West Coast. “They are very organized, and it's happening at the county and city levels. But every time it happens, you look at the emails and they are all from out of state or overseas. It heats up more in certain markets.” 

Hendricks pointed out that he hasn't played New Jersey because the state banned exhibition of primates about 10 years ago, an antecedent to Nosey's Law. He sees the campaigns by animal rights group as being a pendulum, but with the passage of Nosey's Law it seems that pendulum is again on the more energized animal rights side. “I think fair managers are more concerned about a ride accident,” he said. “With the animal abuse people, it's bad media coverage but it's not everlasting. It's like a strike of lighting.”

He added, “people love the animals and that outweighs any negativity for most of my fairs. People talk about the act, it brings them out to the fair. That's why we are getting the support. For many fairs they will see that the accusation have no real credibility.”

The IAFE could not supply specific numbers on how many fairs are cancelling exotic animal acts, but the organization is engaged with the issue. In addition to featuring the topic in newsletters and at meetings throughout the country, in 2017 the organization made available to it  members a downloadable toolkit  (the Activists ResponseKit, or ARK) for fair managers to confront animal rights activists when they pressure a fair about their animal exhibits.  
 
They Are Extremists 

“Anecdotally,  there are fairs which have eliminated the acts because of the work of a few animal rights extremists groups, but I don't keep track of that and cannot provide exact details,” said Marla Calico, President and CEO, IAFE. “It is also not just at fair-time. It impacts the ability of a fair on the use of their facilities for non-fair rentals. The work of the extremists groups in both direct attacks to fairs (on-site protests, as well as robo-email campaigns) is not limited to geography. It has occurred in almost every province of Canada, and coast-to-coast in the US. PETA and HSUS (Humane Society of the United States) are the ones pushing robo-email campaigns but rarely show up for on-site protests. DxE (Direct Action Everywhere) organizes on-site protests through social media. Some states have very active HSUS chapters or affiliates (Wisconsin, in particular).”

The fear is that the groups will not stop with exotic animals: Today Nosey's Law, tomorrow the ban could stretch livestock, 4-H, FFA and other agricultural exhibitions. “It is no longer animal rights “activists” who are of concern,” said Calico. “They are extremists. Their positions are extreme – their efforts are to eliminate all animal agriculture and all interactions with animals. They have millions upon millions of dollars to influence this position through legislation at every level, from city to county to state to federal, and they are very skilled at moving these prohibitions into the legislative pipeline efficiently and quickly. They will not stop with “exotic” animals. Their attacks on all of animal agriculture – on the farm or at the fair –are increasing, not decreasing.”

Based on her experience following animal abuse legislation spanning three decades, Kelly concurs that not only are supporters of Nosey-like laws growing in legislative power, exotic animal bans are only the first step. “ In my experience, the ultimate goal of the animal extremists who support these bans is the complete elimination of humans working with animals,” said Kelly. “Even if the animals in question are provided the best care, animal activists do not want to see any animal use or any animal in captivity – so no animals in zoos, in circuses, on farms, or even as pets.  In addition to long-running campaigns against animals in entertainment, these groups are currently campaigning against sheep shearing, dog shows, horse carriage rides, and even 4-H programs.”

Both Kelly and Calico recommend that fairs take preemptive action before the next Nosey's Law is passed, informing legislators and other leaders about the standards of animal care at the fair as well as the economic impact a fair provides to the community. For New Jersey fairs, what will replace exotic animal educational exhibitions for the 2019 season is still unknown. “We're replacing them, we have no choice,” said Tartaglione. “We may replace them with hypnotists or magicians, or other entertainment. We are looking at certain acts at the trade shows. We have plenty of entertainment and exhibits. There's going to be an impact, but I won't know what that is or what the financial impact will be until after the fair.”