PITTSFIELD, Mass. — By an 8-3 vote, the City Council has banned non-domesticated animals from being used as entertainment.

 

The ordinance submitted by citizen's petition states that "no living non-domesticated animal shall be displayed for public entertainment or amusement in circuses, carnivals, traveling events, or other similar entities" in the city. The ban doesn't apply to dogs, cats, donkeys, horses, and other farm animals nor does it apply to educational exhibits. The majority of the council felt the law would protect animals from being abused and mistreated. 

 

"The evidence of animals being hurt has been too much," Councilor at Large Peter White said. 

 

Proponents had previously come before the City Council's Ordinance and Rules Subcommittee claiming circuses and the training of such animals is cruel. Proponents of the petition said while there are federal regulations in place there are far too few inspectors to properly oversee the laws, that the animals aren't supposed to be cooped up and traveled around the country, that there is a public safety hazard if one escapes, and that a ban in Pittsfield will help send the message that these events are inhumane.

 

"It takes time to change the world and it starts with local and regional leadership to do the right thing," said Allen Harris, one of many who took to the council's open microphone period to weigh in on the matter. "Pittsfield has not shied away from doing the right thing."

 

The opposing side also came out in numbers, saying animal rights activists have used misinformation and twisted presentations to make a case that the animals are being abused when that's not the case. From trainers to a former animal control officer to circus organizations, the opponents to the ban said the animals are loved and treated well and that the shows provide children a chance to experience animals they wouldn't have otherwise.

 

"There is not a better way for people to learn and appreciate these well-cared for and federally regulated animals," Ken Spelak said. 

 

Spelak called for the measure to be put on the November ballot for a citywide vote.

 

Robert Cummerford said he has raised elephants on his farm in Connecticut for some 40 years and can attest that the animals are not abused. A bull hook that the proponents of the ban had presented at both the subcommittee and the council meeting doesn't hurt them, he said, but is instead used to guide them. 

 

Rochelle Howe, however, said if the tool was used as a leash, then it would look like one. Instead the metal hook is used to dig into soft skin on an elephant. She said trainers use hooks, ropes and electric prods to break the spirit of the animals to get them to perform.

 

"The elephant becomes terrified of this bull hook because of the way it is trained," Howe said.

 

Cathy Crawmer is a former animal control officer in New York and says she knows what animal abuse looks like because she's been involved in some of the biggest cases and what she sees in circuses isn't abuse.

 

"The training of animals both exotic and domestic animals is not a cruel thing, it is not animal abuse by any stretch of the imagination. Unfortunately, it has been presented as such," she said, adding that the training is beneficial to the animals.

 

Gary Payne, president of Circus Fans Association of America, said the ban is going after an entire industry instead of punishing guilty parties. Josh Dummont said he worked in the Cole Brothers Circus and he has never once seen abuse. The Asian elephant population has been falling and circuses help educate the public about them, he said.

 

Terry Carlo says the cases are far too many and far too many others are never reported. She said there are only 125 inspectors nationally to oversee more than 7,000 operations. The animals are drawing smaller crowds and are traveling great distances with little food and water, Carlo said, and circus promoters can't afford proper care.

 

Both sides of the issue have been lobbying councilors for weeks over the ban and each side presented numerous articles and statistics and stories to support their cause. 

 

The back and forth between the two sides led Ward 5 Councilor Donna Todd Rivers to feel like the city is being drawn into a battle between animal rights activists and the circus industry when the real solution comes from the federal government, which is responsible for those laws.  

 

"I just don't believe in an absolute ban," Rivers said, adding that the free market would put those companies out of business if the customers refuse to attend the shows. 

Rivers also took issue with the loosely phrased exemption for educational purposes. City Solicitor Richard Dohoney said he intentionally left out a definition to allow for the city to be responsible for making that determination on a case-by-case basis.

But Rivers felt the vagueness didn't give her any comfort over whether or not events such as shows at the Berkshire Museum or elsewhere would be prohibited.

 

Ward 2 Councilor Kevin Morandi said he doesn't believe the training of the animals was any crueler than what domesticated animals such as dogs go through at obedience school.

 

"We are taking away joy in children," Morandi said, in support of an amendment from Ward 4 Councilor Christopher Connell to boost regulation and enforcement locally instead of an outright ban.

 

Connell said he went to a circus with a family just a few years ago and for months after it the children were talking about it. He said he doesn't like to see any animal mistreated but "unfortunately we live in a world today where there are some bad people who mistreat animals." At the same time, there are also well-run circuses that give people an opportunity to see exotic animals.

 

"They loved it. They really did. They never had the opportunity to experience anything like that before," Connell said of the two 6-year old girls and the 4-year-old boy with whom he attended the circus a few years back.

 

But those were the only councilors against the ban. For Councilor at Large Kathleen Amuso, it boiled down to a simple fact that the animals aren't out in the wild and instead are captive.

 

"There is nothing like being home and these animals are not home. The circus is not a home," Amuso said.

 

Ward 6 Councilor John Krol opposed Connell's suggestion for more enforcement because "there are so many things that are so flawed before they even get here." Krol said all of the feedback he's heard from residents has been in favor of the ban.

 

Pittsfield joins just 50 or so cities across the nation to have some type of ban on exotic animal acts; there are fewer than 10 cities and towns with such a ban in Massachusetts.