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Judge Rules Chimps at Chimp Haven be Returned to a South Texas Facility

Tue Feb 19, 2008

                                                                                    
Keithville, LA
- A San Antonio animal sanctuary has won a court ruling in its effort to regain custody of several chimpanzees that were sent to Chimp Haven in Caddo Parish after the state of Texas seized control of it.

A federal judge in San Antonio ruled that Primarily Primates of San Antonio should be the home of six retired research chimpanzees. They were sent to Chimp Haven in late 2006 because of the conditions there. The judge said the San Antonio facility is now up to standards and they should be returned.

Primarily Primates has been under fire since two chimps died after a group of them was moved from a research facility at Ohio State University about two years ago. Critics have said the facility can't adequately care for the chimps.

Chimp Haven director Linda Brent said her facility is considering an appeal to keep the chimps here.

"It just seems really tragic to us to move them again, back to the facility where they endured pain and suffering," Brent said. "They're definitely a part of our family."

Chimp Haven officials said that at the time the chimps were moved from Texas, they had inadequate housing and needed medical attention. They describe the chimps now as healthy and happy. They were just combined with a group of chimps that was brought to the Keithville facility in November.

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Keeli & GroupThe Shreveport Times

KEITHVILLE — Chimp Haven officials will decide today whether they will appeal the ruling of a Texas judge who ordered the return of six chimpanzees to a San Antonio facility.

The Bexar County, Texas, judge Friday granted a motion for summary judgment filed by Texas-based Primarily Primates Inc. seeking the return of Sarah, Keeli, Ivy, Sheba, Harper and Emma, who've made Chimp Haven their home for the past 14 months.

"It is certainly a good option to pursue," Dr. Linda Brent, Chimp Haven president and director, said of considering an appeal. "Our attorney is looking into it."

The facility's board of directors and insurance agent also will be consulted.

"We're surprised that the judge agreed with the summary judgment because there is ample reason to question whether the chimps should go back or the legal grounds as far sending them back," Brent said Monday.

"The bottom line for us is the welfare of the chimps. We're so thrilled they are doing so well here. They are in a group where they have some adults being role models for the boys and good friends to the girls. It's so heart-warming to watch them being real chimps."

Officials at Primarily Primates are equally looking forward to the chimpanzees' return. Publicist Nancy Scott Jones said preparations are under way to hopefully gain possession of the chimpanzees within the next 30 days.

"We're hoping pretty quickly, by mid-March. "» Their enclosure(s) are ready," Jones said.

Seven chimpanzees were removed from Primarily Primates in November 2006 at the request of a Texas state-appointed receiver and were sent to Chimp Haven, where they could receive appropriate care. One of the chimps, Darrell, died in January. A cause of death has not been determined.

Primarily Primates was seized by the Texas state attorney's office Oct. 13, 2006, amid allegations of mismanagement of charitable funds and animals living in substandard conditions.

Chimp Haven was asked to accept the chimpanzees, which had inadequate housing and were in need of medical intervention. After consulting with the Chimp Haven board of directors, it was deemed in the best interest of the chimpanzees to remove them from unhealthy living conditions and bring them to the sanctuary at Chimp Haven, Chimp Haven officials said.

In April, the Texas attorney general settled the case against Primarily Primates, which was joined by Friends of Animals, which funded the legal battles. They subsequently sued Chimp Haven for return of the "property," alleging the transfer was temporary.

"We were happy to step forward to help these chimpanzees in need and provide them with an exceptional home for over a year. We are disappointed that the court does not consider what is in the chimpanzees' best interest, but instead must rule on 'property' issues," Brent said. "Our goal is to ensure the best future for these chimpanzees, and (we) feel their welfare is best served here."

Approximately $1.3 million in improvements has been made to Primarily Primates during the past year, Jones said. The chimpanzees, originally from Ohio State University, will be housed in new habitats that Jones described as "huge" and "beautiful."

Asked if any consideration has been given to letting the chimpanzees stay at Chimp Haven, Jones responded, "Chimp Haven signed a court order saying this was a temporary placement. (Primarily Primates) feel that should be honored "» without a lawsuit."

Primarily Primates will have to foot the bill for their chimpanzees' return.

Chimp Haven is now home to 141 retired chimpanzees, having accepted 20 new ones during the past three months.