SALEM, Ohio — Mt. Hope Auction Co. recently settled with the U.S. Department of Justice over alleged violations of the Animal Welfare Act.
Under a consent decree filed Dec. 12 by the U.S. District Court for the Northern District of Ohio, the Millersburg-based auction agreed not to deal in or exhibit AWA-regulated animals without a license, to allow the U.S. Department of Agriculture access to their sale barn to ensure compliance and to submit to monitoring and future restrictions designed to prevent future AWA violations through auctions of exotic or other regulated animals.
The USDA cited the business 69 times in less than two years for multiple violations of the AWA, including unsafe or unsanitary enclosures and allowing the public to come into direct contact with potentially dangerous wildlife, according to a complaint filed Sept. 6.
As part of the settlement, Mt. Hope Auction can reapply for a new USDA license to hold the Alternative Animal Auction. But the auction said it disagreed with the government’s allegations.
“Not only has this circumstance been disappointing to us and the entire private exotic animal community, but it has also highlighted what we perceive as inconsistent, unrealistic and ill-informed application of United States animal welfare laws and regulations,” Auction President Thurman Mullet said in the statement.
The case
According to the government’s filings, USDA performed 11 inspections since 2022, identifying alleged violations such as keeping inaccurate records and not properly maintaining enclosures. The government says Mt. Hope neglected to provide necessary veterinary care to 39 animals and accepted hundreds of animals from unauthorized vendors.
The temporary restraining order in September followed reports issued by PETA, the animal rights organization, going back to 2022 about alleged abuses and other incidents occurring at the Alternative Animal Auctions. PETA submitted a complaint to the USDA that year urging the government to inspect Mt. Hope Auction’s stockyard, resulting in the federal agency issuing 12 citations to the auction for failing to meet the minimum standards required by the AWA.
“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 in a press release. “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.”
A USDA license is required to obtain and sell AWA-regulated animals. After the preliminary complaint, the court entered a temporary restraining order on Sept. 13 that ordered Mt. Hope to follow strict animal treatment rules at its Alternative Animal and Bird Sale set to take place Sept. 19-21. That event was subsequently canceled, as was a planned November exotic animal auction.
The government maintained its request for a longer-lasting order to ensure future compliance.
Under the terms of the newly approved consent decree, if Mt. Hope obtains a USDA license within the next three years, it must undergo a two-year probationary period. During that time, it must provide proper veterinary care, maintain detailed records, ensure safe housing for animals, prevent unsupervised public contact with animals and allow USDA officials to monitor compliance.
If Mt. Hope breaks these rules again, it could face permanent revocation of its license. With the court’s approval, the government will drop the lawsuit, but the court will retain the authority to enforce the decree’s terms.
“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.”
Mt. Hope’s side of things
Mt. Hope Auction disputes the government’s characterization of its operation and the conditions under which it has been inspected. In a statement, Mullet wrote the reinspection process was mired by a lack of cooperation from the USDA, and when inspectors did return, they cited the auction for negligible offenses.
The company noted that it has been involved in the private exotic and alternative animal industry since 1991, maintaining a USDA license for more than three decades without any incidents until recently.
In the statement, Mt. Hope expressed frustration that only in the past two years has the USDA raised concerns about their practices, despite what the auction describes as a long history of responsibly caring for tens of thousands of animals.
“Our livestock auctions remain heavily regulated by the Ohio Department of Agriculture,” said the statement. “ODA has found no violations or misconduct during hundreds of auctions held annually involving tens of thousands of animals, including prior to, during and following the time periods involved in USDA’s accusations.”
Mt. Hope also said it was not left with enough time to defend itself, with the case being filed only weeks before the auction’s license to conduct its popular Alternative Animal Auctions was set to expire, leading them to pursue a settlement.
“The agreement includes a wide variety of items that both sides (agree) to, including our right to reapply for a new license in the future,” the statement reads. “At this time, Mt. Hope will focus its efforts on our livestock, equipment and equine auctions. This includes continuing to abide by all ODA rules and regulations to provide a safe environment for all animals which pass through our doors, as well as dealers, patrons from the local community and around the world.”
The full statement from Mt. Hope is included below.
“Mt. Hope Auction has reached an agreement with the United States Department of Justice to resolve a lawsuit filed against our family business earlier this year. The lawsuit attempted to revoke Mt. Hope’s USDA license required to legally operate our Alternative Animal Auction.
Given that our USDA license was set to expire on September 30th, only 24 days after the lawsuit was filed, we were willing to reach this settlement. However, we continue to disagree with the allegations. Our reinspection process was denied 2 times within those 24 days, which included 2 inspectors and 3 security officers walking through our facility. Items cited during this procedure included cobwebs and pigeons in our Livestock barn. Due to this, we passed up our 3rd inspection and let our license expire. The agreement includes a wide variety of items that both sides (agree) to, including our right to reapply for a new license in the future.
We hosted our first alternative animal auction in 1991 and are proud of our role within the private exotic and alternative animal industry. Prior to 2022, Mt. Hope held a USDA license for over 30 years without incident. Only within the last two years has the USDA taken issue with any aspect of our operations, despite our decades of experience and care for the tens of thousands of animals sold through our market.
Not only has this circumstance been disappointing to us and the entire private exotic animal community, but it has also highlighted what we perceive as inconsistent, unrealistic and ill-informed application of United States animal welfare laws and Regulations.
Our livestock auctions remain heavily regulated by the Ohio Department of Agriculture. ODA has found no violations or misconduct during hundreds of auctions held annually involving tens of thousands of animals, including prior to, during, and following the time periods involved in USDA’s accusations.
At this time, Mt. Hope will focus its efforts on our livestock, equipment and equine auctions. This includes continuing to abide by all ODA rules and regulations to provide a safe environment for all animals which pass through our doors, as well as dealers, patrons, from the local community and around the world. The Auction will have no further comment.”
