Charlestown zoo owner loses bid to reinstate federal license, overturn $340K fine

The owner of an embattled Charlestown roadside zoo has lost his bid to overturn an order revoking his federal exhibitor’s license and requiring him to pay more than $300,000 in civil penalties.

Timothy L. Stark, owner and director of Wildlife in Need and Wildlife in Deed, Inc., first lost his exhibitor’s license for his roadside zoo in February when an administrative law judge found more than 100 violations of the Animal Welfare Act at the zoo. Judge Bobbie J. McCartney of the U.S. Department of Agriculture affirmed the revocation of Stark’s license April 8, as well as the $340,000 assessed collectively against Stark and his zoo, known as WIN.

McCartney’s 18-page order largely affirms and adopts the Feb. 3 revocation order, which found that Stark had beaten a leopard to death with a baseball bat and withheld appropriate veterinary care, among other acts of animal neglect. He also was found to have threatened federal inspectors.

WIN is home to nearly 300 animals, including lions, tigers, other big cats and hybrids, dogs, monkeys, sloths and several other species, some originating in Asia, Africa and South America.

McCartney said Stark challenged the revocation order on 10 grounds, but all but one issue was addressed in the ALJ’s February order. On the remaining issue – whether the $340,000 fine is unconstitutionally excessive – McCartney ruled against Stark.

“Respondents contend that their AWA license revocation and ‘the imposition (of) the fines by the ALJ are at least partially punitive …’ and ‘Respondent Stark does not fit at all into the class of persons for whom punitive statutes were principally designed,’” McCartney wrote. “This argument is not supportable in light of well established precedent that the purpose of civil penalties assessed under the Animal Welfare Act is to deter future violations of the Animal Welfare Act …; civil penalties assessed under the Animal Welfare Act are not for the purpose of punishment.

“… As the (ALJ) explained in his analysis of good faith and history of previous violations …, he found a lack of good faith evidenced by numerous violations of the AWA and Regulations between January 2012 and January 2016, (as) well as deliberate attempts to circumvent the AWA regulations,” McCartney continued. “… Based on substantial record evidence, and following a thorough and well supported analysis of these factors, the (ALJ) determined that revocation of AWA license 32-C-0204, permanent disqualification from obtaining an AWA license, and issuance of a cease and desist order was necessary to deter future violations that Respondents should be jointly and severally assessed a civil penalty in the amount of $300,000, and Respondent Timothy Stark should be assessed a civil penalty in the amount of $40,000.”

Among Stark’s other arguments on appeal were that the ALJ lacked sufficient support for his findings of inadequate veterinary care, recordkeeping, food, water and shelter, number of employees, and care and treatment for the animals. Also, he said there was insufficient support for the finding that he threatened and/or interfered with federal inspectors.

Per McCartney’s order, Stark can seek further judicial review in a federal Court of Appeals if he files for review within 60 days of the April 8 order.

Stark has previously said that he takes “full responsibility at least for my actions,” according to WDRB-TV in Louisville. “You know, and I’ve always said, am I 100% innocent? No. But am I guilty to these charges to where it validates having my license revoked or the attorney general filing a lawsuit against me … or any of that stuff? No.”

That lawsuit brought by the Indiana Office of the Attorney General was filed in February in an effort to have WIN shut down. Attorney General Curtis Hill has alleged that Stark and Melisa Lane, WIN’s officer, have abused animals and WIN finances in contravention of their nonprofit mission of animal rescue and rehabilitation.

The state sent a team of inspectors to the zoo in March before seeking an injunction restricting access to the zoo’s big cats. Marion Superior Civil Judge David Dreyer granted that injunction late last month.

On Monday, Stark and Lane filed an answer to the state complaint seeking dismissal with prejudice, as well as costs and fees.

Also pending against the zoo is a federal lawsuit brought by People for the Ethical Treatment of Animals.

In a statement, Brittany Peet, PETA Foundation director of captive animal law enforcement celebrated the denial of Stark’s federal appeal, referencing his recent exposure on the Netflix documentary series “Tiger King.”

“No one who has encouraged patrons to hit baby tiger cubs, swung and tossed monkeys by their tails and hips during public encounters and bludgeoned a leopard to death with a baseball bat should have an Animal Welfare Act exhibitor’s license, and that means Tim Stark,” Peet said. “As ‘Tiger King’ revealed the sordid underbelly of captive animal exhibits, PETA is calling for the animals in Stark’s custody to be transferred to reputable facilities – and urging everyone to stay away from roadside zoos.”