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48 J. Corp. L. 407 (2022-2023)
USDA vs. AZA: Playing with Tiger Cubs Isn't All It's Cracked up to Be

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     USDA vs. AZA: Playing with Tiger Cubs Isn't All It's
                               Cracked Up to Be

                                 Maya G. Sanaba


    I.   IN TRO D U CTIO N ..................................................................................................407
    II.  B A CK GR O UN D ....................................................................................................408
           A.  History  of Zoos and the Development  of Roadside  Zoos .......................408
           B.  Differences Between   USDA  Licensing  and AZA  Accreditation .............411
           C.  Federal  Laws  and Regulations ...............................................................415
    III. A N A LY SIS ........................................................................................................ 4 16
           A.  How   the USDA  Licensing  Requirements  Fail Animals ..........................416
           B.   Cub-Petting and  the Big Cat Public Safety Act......................................419
           C.   What Do  the States Do? .........................................................................421
    IV.  RECOMMENDATION ...........................................................................................423
    V .  C ON CLU SIO N ......................................................................................................425

                                     I.   INTRODUCTION

     Animal  welfare activists have long criticized federal regulations that apply to roadside
zoos for lax and inconsistent enforcement. The general public's exposure to this issue was
greatly amplified  by  the 2020  release  of Netflix's docuseries,  Tiger King:  Murder,
Mayhem,   and  Madness.1  The  show   centered on  Joe Exotic, his roadside  zoo, and his
notorious rivalry with the owner of Big Cat Rescue, a well-known animal sanctuary.2 Tiger
King  was released just seven days after many  schools and workplaces  across the country
closed their doors and sent students home due to COVID-19,   likely contributing to the 34
million viewers amassed  within just ten days of the show's release.3 This widespread and
recent awareness  of roadside zoos has increased public interest in shutting down roadside
zoos once  and for all.4


     1. Jules Howard, A Zoologist's View of Tiger King: A Crass Expose That Could Do Some Good,
GUARDIAN (Mar. 31, 2020), https://www.theguardian.com/tv-and-radio/2020/mar/31/a-zoologists-view-of-tiger-
king-a-crass-expose-that-could-do-some-good [https://perma.cc/6R58-587X]. [M]illions upon millions of
people around the world are waking up to this abuse of big cats in a way that a serious, more thorough
documentary simply wouldn't have been able to achieve. Id.
     2. Mahita Gajanan, The Wild Story Behind Netflix's New Docuseries 'Tiger King', TIME (Mar. 24, 2020),
https://time.com/5807284/tiger-king-netflix-true-story/ [https://perma.cc/GZH7-8VH2l.
     3. Tyler Hersko, 'Tiger King' Had 34 Million Viewers Within 10 Days of Launch, Fox to Air Special,
INDIEWIRE  (Apr. 8, 2020), https://www.indiewire.com/2020/04/tiger-king-netflix-viewership-fox-special-
1202223808/ [https://perma.cc/NWU7-42ZK].
     4. See Lindsey McPherson, House Passes 'Tiger King' Bill to Ban Private Ownership of Big Cats, ROLL
CALL   (Dec.  3, 2020),  https://www.rollcall.com/2020/12/03/house-passes-tiger-king-bill-to-ban-private-
ownership-of-big-cats/ [https://perma.cc/NWU7-42ZK] (explaining that the House passed the Big Cat Public
Safety Act partly in response to attention brought to roadside zoos by Tiger King, and noting that one opponent
of the Act said that reality TV shouldn't serve as the basis for public policy). A Google Trends search of the
popularity of tiger zoo showed that the popularity of the phrase went through regular fluctuations and then

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