SALEM, Ohio — A judge for the U.S. District Court Northern District of Ohio issued a temporary restraining order against the popular Mt. Hope Alternative Animal Auction in Millersburg, Ohio, a multi-day-long auction where over 200 different species of domestic and exotic animals are sold, citing the auction’s violation of the Animal Welfare Act.
A preliminary complaint filed on Sept. 6 cited numerous and repeated violations of the law, spanning from inadequate veterinary care and unsafe housing of animals in enclosures, to improper animal handling, inaccurate record keeping and sales of animals from unlicensed sellers.
This year’s auction, which was set to take place Sept. 19-21, was canceled, according to the auction’s website, due to the temporary restraining order. In a statement online and on their Facebook Page, Mt. Hope wrote, “We are very sorry to do this so close to the auction but do not feel comfortable attempting to hold the sale. We apologize to all of our customers but feel this is the best decision at this time.”
Mt. Hope Auction President Thurman Mullet declined to comment pending further litigation.
The complaint
According to the complaint, since 2022, Mt. Hope has been cited by USDA for neglecting to provide 39 different animals at its facility during the Alternative Animal Auctions with proper veterinarian care. The court provided a detailed account of events that took place at Alternative Animal Auctions with photographs, including government inspectors’ discovery in September 2022 of a small, dead ram in the facility’s main sale barn.
The inspectors concluded that the auction staff had not carried out enough daily observations to notice the dead ram or to determine that it required veterinary care before it died.
On the last day of the September 2023 auction, inspectors saw a calf lying down with its back legs splayed. A member of the public reported that the calf, which was later found to be unable to walk, had been in the same position since the day before. More animals in the fall 2023 auction, including two nilgai, a kind of Asian antelope, and several cattle, were discovered to be malnourished with ribs, scapula, pelvic bones and individual vertebrae exposed.
The complaint said that although Mt. Hope Auction has made clear that buyers and sellers are responsible for the animals they consign, the auction has not ensured that there are enough staff members on duty to effectively monitor the health and welfare of the thousands of animals at the auction each day and to promptly report any problems to the attending veterinarian.
“The lack of diligence regarding the health and well-being of the thousands of animals that are part of the Alternative Animal Auctions has caused many animals to suffer, and will continue to do so unless (Mt. Hope) and its attending veterinarian alter their practices in compliance with the AWA,” the complaint reads.
The USDA conducted 11 inspections of Mt. Hope Auction in the last two years, all of which have identified “multiple violations of the AWA and its regulations and standards,” for a total of 69 AWA violations in less than two years.
Thirteen of these violations were classified as critical or direct, the two most serious types of AWA citation.
“Despite written inspection reports and oral exit interviews after every inspection, as well as an Official Warning from USDA, (Mt. Hope) has been unable or unwilling to come into compliance with the AWA, showing a disregard for the applicable laws, the well-being of the animals that come to the Auctions and the safety of the public,” the complaint reads.
PETA
The temporary restraining order follows numerous complaints and reports issued from PETA, the animal rights organization, about alleged abuses and other incidents occurring at the Mt. Hope Alternative Animal Auctions.
PETA reporting dating back to 2022 includes numerous incidents of alleged cruelty at the Mt. Hope Alternative Animal Auctions, some of which are also included in the court order as evidence of poor conditions at the auctions.
“Mt. Hope auctions off sick, injured and neglected animals for scofflaw sellers who can’t be bothered to provide them with basic, needed veterinary care or even adequate food and water,” said PETA Foundation Senior Director of Captive Animal Welfare Debbie Metzler in a press release the organization issued in July in response to a February USDA inspection report at Mt. Hope.
Next steps
In addition to ensuring that all animals present at its Alternative Animal Auctions are provided with adequate veterinary care, including daily observations to assess their health and well-being and the use of appropriate methods to prevent, control, diagnose and treat diseases and injuries, U.S. District Court Judge John Adams ordered Mt. Hope to begin keeping complete veterinary records of all animals evaluated or treated at Alternative Animal Auctions, including those that die.
The order also requires establishing a safe distance and/or barriers between animals and people and that USDA inspectors be able to access Mt. Hope facilities and records without interference or harassment.
Mt. Hope was given two weeks from the date of the order to comply.
