Ridglan Farms cited for new violations as hearing nears – Isthmus
One of the thousands of beagles housed in tiny cages, the inspector found, “was limping while moving through the enclosure, not bearing any weight on the right front leg.” The dog had visible puncture wounds and swelling on its leg, near the carpal joint. There was no documentation of the injury on the cage’s enclosure card, and the facility admitted that no treatment had been provided, saying the injury “probably” would have been discovered later that day.
But the Sept. 16 inspection report from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) also noted that beagles at the Ridglan Farms dog breeding and research facility in the town of Blue Mounds “are not receiving daily human positive contact and socialization,” as state law requires. So it’s not clear when those injuries might have been noticed.
The facility in southwest Dane County has some 3,200 dogs and just 16 full-time employees, three of whom are assigned primarily to socialization. Assuming they work 40-hour weeks with no breaks or other tasks, that averages out to a little more than two minutes per dog per week.
The inspection report also noted that there was fecal matter everywhere. There were piles of excrement under cages, excrement on the concrete floors, and excrement in the gaps between coated wire flooring panels. The report noted “excess waste accumulation,” “inadequate air circulation,” and “stagnant pools of moisture and excess excreta.” It said the facility’s wall-mounted exhaust fans “were coated with organic material, restricting air movement.”
Animal rights activists will this week notify Dane County Circuit Judge Rhonda Lanford of their intention to use the report in an evidentiary hearing slated for Oct. 23 on their petition seeking a special prosecutor to look into filing criminal animal cruelty charges against Ridglan Farms. The petition was filed by local groups Dane4Dogs and the Alliance for Animals, and California animal rights activist Wayne Hsiung. The Animal Activist Legal Defense Project, an offshoot of the Sturm College of Law at the University of Denver in Colorado, is representing Dane4Dogs.
Steffen Seitz, a litigation fellow at the project, notes that the Sept. 16 inspection was a follow-up to a June 6 routine visit that identified some of the same deficiencies, including insufficient veterinary attention, as evidenced by untreated injuries, and concerns about the lack of excrement removal.
“This is appalling,” Seitz says. “Even as it faces a potential criminal prosecution, and, in the case of the September inspection, even when it knows an inspection is imminent, Ridglan Farms can’t clean up its act and avoid violating cruelty laws.”
Problems with animal care have been documented in other inspections over the years at Ridglan Farms by DATCP and the USDA. Under state law, the department has the authority to suspend the license of facilities when there is “evidence that an act of animal cruelty” has been committed. Says DATCP spokesperson Sam Go: “This matter has been referred to our compliance team for assessment and decisions on next steps.”
The petition before Judge Lanford seeks to invoke a provision in state law allowing for the appointment of a special prosecutor in cases where the local district attorney “refuses or is unavailable to issue a complaint.” It documents that Dane County District Attorney Ismael Ozanne has failed to pursue charges despite repeated requests.
“Ridglan Farms’ criminal conduct has occurred unchecked for over a decade, claiming the lives and welfare of thousands of dogs, and the criminal conduct continues today,” states the petition filed in March and amended in April. “There is, moreover, overwhelming evidence to substantiate these allegations, including inspection reports from state and federal agencies, testimonial evidence from eyewitnesses, and photos and videos from inside the facility. This evidence does not just meet the standard of probable cause but of proof beyond a reasonable doubt.”
The case has recently drawn the interest of Dr. Jane Goodall, the famed ethologist, who issued a statement: “I am disturbed by the video footage I have seen of beagles spinning endlessly and crying out in their wire cages at Ridglan Farms in Wisconsin. Dogs are not laboratory equipment; they are our loving and loyal companions. Immediate action should be taken to rescue the beagles trapped at Ridglan and place them in loving homes where they will be treated with the dignity and respect they deserve.”
The Oct. 23 hearing will feature testimony from two former Ridglan Farms employees and professional veterinarians who have reviewed evidence obtained by the activists. This includes photos and video taken during an April 2017 break-in at the facility committed by Hsiung and two other activists with the national group Direct Action Everywhere or DxE. It shows row upon row of beagles in tiny cages stacked two deep, some spinning in circles, amid a cacophony of barking.
All three activists were charged with felony burglary and felony theft and faced up to 16 years each in prison. But 10 days before the trial was set to start in early March, the charges were dismissed by the entity that brought them, the Dane County District Attorney’s Office. Assistant District Attorney Alexandra Keyes stated in a motion that “the victims in this case,” Ridglan Farms, had “indicated a desire to no longer have this case proceed to trial” due to “concerns for their physical safety.” In court, Keyes said the facility had received “death threats.”
An open records request by Isthmus led to the release of a Dane County Sheriff’s Office report documenting a voice message from a caller who “stated something to the effect of, ‘I’m going to fucking kill you and you should just kill yourself.’” A sheriff’s deputy tried to contact the caller without success; apparently no further action was taken.
Hsiung and one of his co-defendants opposed the dismissal of the criminal charges against them, saying Ridglan Farms was trying to avoid the attention that would be drawn to its conditions as the result of a trial. And the activists redoubled their efforts to get the Dane County DA’s office to bring criminal charges of animal cruelty against Ridglan Farms. On March 18, about three dozen activists from around the country showed up at the office of Dane County District Attorney Ozanne to demand the filing of charges. Hsiung hand-delivered a “criminal complaint,” as well as statements from others alleging violations of animal cruelty laws at the facility. “We’re asking the DA’s office to enforce the law,” he said. The office did not respond to this appeal.
At an April 18 court proceeding, Lanford agreed to hear testimony on the possible appointment of a special prosecutor. She said in court that she had not read and would not consider a filing from Ridglan Farms opposing this request, stating that the law clearly does not allow a potential criminal defendant to take part in a proceeding to determine whether charges should be brought.
In early June, about a month in advance of a scheduled hearing that ended up being delayed, Ridglan Farms filed a 150-page pleading with the 4th District Court of Appeals, seeking a supervisory writ against Judge Lanford for refusing to allow the facility to take part in the scheduled hearing. The three petitioners filed a response opposing this writ, as did the state attorney general’s office, on Lanford’s behalf.
On July 2, a three-member panel of the court of appeals unanimously rejected Ridglan Farms’ arguments, saying Lanford was “complying with her duty” under the law by refusing to allow the facility to take part in the hearing. It also rejected Ridglan Farms’ request that the hearing be closed to the public and the court record sealed.
Ridglan Farms, in an earlier filing with the court, asserted that the facility was “statutorily exempt from prosecution” for the alleged crimes. And that even if it weren’t it could still not be prosecuted because it “is already subject to federal and state inspections” by government agencies. The filing concludes:
“Respectfully, Petitioners’ quarrel is with existing laws that allow for the use of animals in research. Petitioners are free to advocate for changes in the law that they believe are appropriate. But Ridglan Farms, which plays an important role in research designed to advance medical and veterinary science, operates in compliance with existing laws and Petitioners should not be allowed to seek criminal enforcement against conduct that the law allows.”
Following a brief hearing on Sept. 12, Judge Lanford sided with an attorney for Ridglan Farms in quashing a subpoena that sought records from the facility managers, agreeing that this would be premature and “inappropriate” before the decision on whether to appoint a special prosecutor is made.
The hearing concluded with District Attorney Ozanne telling the court that “we have not received a referral or a charging decision request regarding the actions of Ridglan Farms,” and hence the requirement in the law that the DA’s office has not acted or will not act with regard to the filing of charges has not been met.
“District Attorney Ozanne is wrong,” asserts attorney Seitz. “Animal cruelty at Ridglan has been reported repeatedly to his office, but his office has refused to prosecute, or even initiate an investigation.” Seitz notes that multiple reports were made, including the aforementioned March 18 visit to Ozanne’s office in which a group of activists delivered a “criminal complaint” outlining the alleged violations of law. These efforts, he notes, are detailed in an amended Petition for a Special Prosecutor filing with the Dane County Circuit court in April. He flagged in particular exhibits F, G, H, I and J.
Asked via email to explain why he was contending that no referral or charging request had been received when in fact the activists had made repeated requests, Ozanne replied: “This office has not received a criminal referral from law enforcement in the matter you reference. (Italics added.) This is what I informed the court of on September 12, 2024.” Ozanne did not use the words “law enforcement” in his comments to the court, nor does this appear to be a requirement under the statute regarding the appointment of an outside prosecutor.
The Oct. 23 hearing is set to begin at 9 a.m. and scheduled to last all day. UnchainedTV is expected to livestream the proceedings, which will then be available via YouTube.