Laserfiche WebLink
which the bulls are being used in the bull running events, they are not exempted <br /> from coverage under the Act. <br /> Discussion <br /> To effectuate its animal welfare goals, the AWA must be broadly construed, <br /> In re: Lloyd A. Good, Jr., 49 Agric. Dec. 156, n.4 (U.S.D.A. 1990), and USDA has <br /> repeatedly done so when it comes to exhibitors. The term exhibitor is not limited to <br /> the entities specifically listed in the definition, 9 C.F.R. § 1.1, and the agency has <br /> applied it to any person who displays covered animals to the public in any manner <br /> and who derives any associated economic benefit, so long as the display of the <br /> animals affects interstate commerce. See Good, 49 Agric. Dec. at 163; see also, e.g., <br /> In re: Wyoming Department of Parks And Cultural Resources, et al., 67 Agric. Dec. <br /> 1071, 1082-84 (U.S.D.A. 2008) (Compensation means any "economic benefit" related <br /> to the viewing or display of the animals); and, In re Daniel J. Hill and Montrose <br /> Orchards, 67 Agric. Dec. 196, 204 (U.S.D.A. 2008) (USDA has "long held that the <br /> use of displayed animals to attract customers to a facility is sufficient to meet the <br /> compensation requirement"). Thus, the agency has found the term to encompass an <br /> auto parts dealer who maintained exotic animals in his yard, despite the fact that <br /> he did not advertise the presence of the animals, and despite the fact that the <br /> animals provided him with only de minimis economic benefit. See In re: Ronnie <br /> Faircloth & J.R. Auto & Parts, Inc., 52 Agric. Dec. 171 (U.S.D.A. 1993). <br /> The exhibition and display of the animals in the bull running events plainly <br /> affects commerce and is undertaken for compensation. The events are promoted via <br /> the Internet with the bulls being the main attraction, see, e.g., <br /> www.thegreatbullrun.com, the public must pay money to the event holders in order <br /> to view the animals, and the stampeding event is used to attract people to purchase <br /> available concessions." For example, a spectator's ticket for Bull Run costs $10.00 <br /> and includes not just the ability to view the actual running of bulls, but also grants <br /> "access" to the "day-long festival featuring bands, games, food, beer."I2 The <br /> "commerce" requirements of the AWA "are interpreted liberally" and the <br /> "acceptance of credit cards for purchases[ ] and the use of internet sites for <br /> promotion of [a] business" that exhibits animals are sufficient for the requirements <br /> to be met. In re: Daniel J. Hill 67 Agric. Dec. at 203-04; see also In re: Wyoming <br /> 11 According to a GBR spokesperson, there are approximately 1,000 people registered to participate <br /> in the first scheduled event at a cost of at least $55.00 per person. Meredith Somers, It's no <br /> Pamplona, Spain, but the Great Bull Run will thunder into Virginia, THr WASHINGTON Timm, May <br /> 14, 2013 (accessible at http://www.washingtontimes.corn/news/2013/may/14/in-the-spanish-spirit-the- <br /> great-bull-run-will-thunn. <br /> 12 http://www.thegreatbullrun.com/about/ (last accessed May 28, 2013). The "runner" tickets also <br /> provide access to the "festival." E.g., http://www.thegreatbullrun.com/events/vrginia-20131 (Last <br /> accessed May 28, 2013). <br /> 4 <br />