Ohio Auction Prevented from Conducting Business Due to Animal Welfare Act Violations

Press Release

Repeated Violations Included Sick and Injured Animals, Unsafe or Unsanitary Enclosures

CLEVELAND - A federal court has entered a consent decree to prevent the Mt. Hope Auction Company from conducting business or exhibiting animals without a license. The Millersburg, Ohio company was a holder of a class B dealer license from the U.S. Department of Agriculture (USDA). However, its license renewal was denied due to failing two relicensing inspections and failure to schedule a third, and final, inspection. A USDA license is required to obtain and sell Animal Welfare Act (AWA) regulated animals in commerce. Since 2022, the USDA conducted 11 inspections involving Mt. Hope. All 11 inspections identified multiple violations of AWA regulations and standards.

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

A civil complaint filed in September against Mt. Hope Auction alleged that it placed animals in serious danger and violated the AWA during their three-day, Mid-Ohio Alternative Animal and Bird Sales which it held three times a year. Each of these auctions featured thousands of animals and included more than 200 domestic and exotic species such a sheep, rabbits, parrots, bobcats, red kangaroos, giraffes, Egyptian fruit bats, and sloths. Endangered species such as ring-tailed lemurs were also included in the auction.

If Mt. Hope Auction were to obtain a new USDA license, it would do so under a probationary period and agree 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 repeatedly violates the same AWA regulations and standards during the probationary period, its AWA license will be permanently revoked.

"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 Rebecca Lutzko, U.S. Attorney 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."

At the time of the complaint filing, Mt. Hope had been cited for 69 AWA violations in less than two years. This included repeated violations for failing to provide veterinary care to sick or injured animals. In one instance, inspectors saw a calf unable to stand, with its legs splayed in an abnormal position and a member of the public reported that the calf had been in the same position since the day before. Other violations reported in court documents include Asian antelopes and cattle that were so emaciated that their ribs, scapula, pelvic bones, and individual vertebrae were visible; sheep and exotic cattle with diarrhea on their hind legs, a fox with eye discharge, birds with feather loss; and a pheasant with a wound on top of its head that was bleeding and its neck matted down from blood drainage as it lay lethargic with little to no reaction to the loud surrounding environment.

The investigation also determined that animal enclosures were unsafe, improperly constructed, unsanitary, damaged or broken, too small, or did not provide adequate ventilation. Several animals were found covered in excrement or unable to move. Court documents further revealed that there was a lack of sufficient food and water for animals. Inspectors discovered rabbits that had been deprived of food and water. Once provided with water, one rabbit drank for more than 40 seconds, a nursing rabbit drank for more than two-and-a-half minutes, and a third rabbit drank for over four minutes.

Mt. Hope also allowed the public to touch animals - including potentially dangerous coyotes, fox and bison - without proper barriers or employee supervision. The complaint also alleged that Mt. Hope had accepted hundreds of animals from sellers who did not hold a USDA license when they were required.

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 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.

The USDA investigated this case. 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 the assistance of Assistant U.S. Attorneys Kathryn Andrachik and Elizabeth Deucher for the Northern District of Ohio.

To report animal welfare violations, visit https://www.aphis.usda.gov/awa/regulatory-enforcement/complaint.

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Updated December 12, 2024