Reversal of decision on orangutan sought
By Treena Shapiro
Advertiser Staff Writer
A Honolulu Zoo keeper has filed a lawsuit against the director and deputy director of the state Department of Agriculture alleging that they failed to distribute her testimony before making a decision about Rusti the orangutan.
Linda Vannatta's lawsuit said she submitted e-mail testimony three days before the Board of Agriculture's meeting Feb. 20 when members approved a permit to move Rusti the orangutan to Kualoa Ranch from the Honolulu Zoo.
The lawsuit contended that while board chairwoman Sandra Kunimoto did receive the e-mail, she did not distribute it to the other board members because she did not consider it to be testimony.
"The hope is (the lawsuit) will void the decision reached by the Board of Agriculture," Vannatta's attorney Jack Schweigert said.
Schweigert said Vannatta hopes that voiding the decision will lead to Rusti's being moved into better accommodations at the Honolulu Zoo or to a sanctuary in Florida.
A Department of Agriculture spokeswoman said Kunimoto had not seen the lawsuit and could not comment.
According to the lawsuit, the state Office of Information Practices concluded that the board should have understood that the e-mail was testimony and, by not distributing it, the board violated the state's "sunshine law" calling for open meetings.
Vannatta's e-mailed testimony expressed concern about Rusti's safety if the animal were moved to Kualoa Ranch, as well as the safety of the ranch's workers and visitors. She said great apes are more suspectible than monkeys to human diseases, such as tuberculosis, hepatitis and herpes.
She wondered whether Rusti would be tested for TB annually — as he is at the zoo — or if workers with cold sores would be kept away from him.
"Roadside zoos are not accredited for a reason. They do not follow the standard of care that has been set for the safety of both animals and humans," she wrote.
Rusti was rescued from a roadside zoo on the East Coast in 1997 and moved to the Honolulu Zoo for what was meant to be a few months stay. However, the temporary visit has stretched beyond five years and Rusti's fate remains in limbo.
Plans to move him to the Big Island and also to Florida have fallen through, and the plan to move him to Kualoa Ranch is on hold because the small enclosure provided by Rusti's owners, the Orangutan Foundation International, was built without the necessary permits from the state.
City spokeswoman Carol Costa said the city is working with Kualoa Ranch, ORI and animal rights advocates to come up with a permit that will ensure public safety.
Reach Treena Shapiro at tshapiro@honoluluadvertiser.com or 525-8070.
