Court Grants Activists Injunction At Oracle Arena In Oakland

August 16, 2007

Pat Cuviello and Deniz Bolbol were granted an injunction against the City of Oakland, County of Alameda and Oakland Oracle Arena management to keep them from violating activists constitutional rights during the Ringling Bros. Circus. In 2004 Activist Deniz videotaped a Ringling Elephant handler stabbing and jabbing a 7-year-old chained elephant named Angelica, from the arena North Ramp. The footage received extensive news coverage in the bay area and nationallly. In 2005, while videotaping from the same ramp, activist Pat was arrested for trespassing. Both activists filed a lawsuit in federal court, acting as their own attorneys. After submitting briefs and an oral argument the court granted Pat and Deniz their request for an injunction against the defendants.

SF GATEBay Area News RoundupLocal news all the timeBay City News ReportWednesday, August 15, 2007(08-15) 04:26 PST -- Two animal rights activists Tuesday won a federal magistrate's recommendation that they be allowed to videotape animals being brought into the Ringling Brothers Circus at the Oakland Coliseum this week.

U.S. Magistrate Edward Chen recommended that U.S. District Judge Marilyn Patel issue a preliminary injunction allowing the videotaping by Joseph Cuviello and Deniz Bolbol.The circus is holding performances at the Oracle Arena portion of the coliseum Aug. 16 through 19.

Chen, who was asked by Patel to prepare a recommendation, said in a 12-page ruling that the proposed videotaping from the landing of the coliseum's north ramp is protected by the right of free speech.The proposed preliminary injunction will not go into effect unless it is approved by Patel.

Chen said parties in the case - which include the city of Oakland, the coliseum authority - can file objections to his recommendation by noon on Wednesday. The case requires " expedited adjudication " since performances begin on Thursday, Chen wrote.

A lawyer for the city and the coliseum authority was not immediately available for comment.Cuviello and Bolbol, both of Redwood City, are members of Citizens for Cruelty-Free Entertainment, a group devoted to humane treatment of animals.

They say they want to videotape treatment of elephants, horses and other circus animals to educate the public and support any complaints they may make to the media and law enforcement agencies about alleged abuse.

Bolbol said Tuesday, " Having the right to gather information and document on videotape the treatment of animals is essential to exercising our free speech. " Bolbol said that in 2004, she videotaped a handler allegedly beating an elephant in a holding tent in the parking lot next to the coliseum's north ramp. The videotape has aired on local and national television and Internet Web sites, she said.

Bolbol and Cuviello sued the city and the coliseum in federal court in 2006 after Cuviello was arrested while trying to videotape from the ramp landing during the circus's 2005 visit. Their request for a preliminary injunction this year was filed in that lawsuit.

Chen wrote in his report that the north ramp was historically open to the public, but the coliseum this month set a new policy allowing only people with tickets to enter the north and south ramps. Pat Cuviello