OROVILLE >> People for the Ethical Treatment of Animals, Inc. has filed a lawsuit against the Barry R. Kirshner Wildlife Foundation over multiple apparent violations of the Endangered Species Act at its wildlife sanctuary which has been closed since February.

The sanctuary’s closure came after the California Department of Fish and Wildlife opened a criminal investigation over allegations of animal safety and welfare violations and denied Kirshner’s application to renew its restricted species permit which expired at the end of 2024.

PETA filed the complaint for declaratory and injunction relief on July 1 in the United States District Court for the Eastern District of the United States. The purpose of declaratory relief is to obtain a court judgement stating the rights of the parties involved without ordering any specific action or listing awards for damages. The purpose of injunctive relief it to prevent future harm or to compel a party to take specific action.

In addition to alleging the facility provided inadequate veterinary care to animals resulting in the death of some, the lawsuit further alleges that in late 2024 Kirshner’s owners sold the premises at 4995 Durham-Pentz Road to Janra Enterprises, a subsidiary of Nevada-based adult entertainment conglomerate. PETA’s suit claims that Janra’s lead owners and executives own a “number of sham animal refuge shell companies and are promoting wild animal encounters using the Kirshner property’s address” under the name of Big Cat Refuge.

“The new owner, who appears to have zero experience in education or training in animal welfare or husbandry and is instead primarily in the business of adult entertainment intends to continue to operate the property as a captive wildlife facility,” said Jonathan Morris, PETA associate director of legal advocacy. “This roadside zoo has tormented animals long enough so PETA is prepared to pursue Endangered Species Act litigation against everyone who has contributed to the neglect and abuse of animals at the facility and everyone who intends to perpetuate cruelty at this place in the future.”

Big Cat Refuge, a licensed 501(c)(3), has an active website, bigcats.org, that solicits donations and volunteers and states the local facility has “over 100 animals, including nearly every known feline species and a wide variety of other interesting animals” and that it’s collection is “among the most unique on earth.” However, the hyperlink to photos of animals goes directly to the Barry R. Kirshner Wildlife Sanctuary Facebook page. Under the “tour” section of the Big Cat site is a notation that says the facility is temporarily closed. Further, the phone number listed for Big Cat is the same phone number as Kirshner’s and is answered by a recording that does not identify the facility by either name. Messages left at that number by this newspaper for comment were not returned.

In March CDFW removed native species — including three black bears, two mule deer and one mountain lion — from the sanctuary to permanent homes at California zoos and animal sanctuaries.

PETA’s suit also alleges that Kirshner “hauled numerous federally protected animals to other facilities to avoid confiscation by (CDFW) during their criminal investigation.”

Peter Tira, information officer for the CDFW northern and north central regions, confirmed this allegation saying, “Kirshner relocated its exotic, nonnative species to other facilities ahead of these native species. Some of those receiving facilities were not properly permitted and CDFW had to go recover the animals and find new homes for them, which we’ve done.”

In this newspaper’s March reporting on the closure and CDFW criminal investigation, Tira stated that no animals were euthanized and that he didn’t expect the sanctuary to receive a new permit in the future.

While there are currently no animals on the property according to the animal rights group and CDFW, PETA believes the new owners plan to bring animals back.

“In statements to the press Kirshner has said it intends to stay in business and bring any animals who may have been transferred out, likely to other shady roadside zoos on ram shackled property, back,” said Morris. “PETA is prepared to go to federal court to ensure ESA protected animals owned by Kirshner are placed or remain in reputable facilities where they will receive the care they deserve.”

The suit alleges the defendants — the Kirshner Wildlife Foundation, its owners, executives and all related companies including Big Cat Refuge — violated and continue to violate the ESA by taking exotic animals without a permit; caused, enabled, and/or substantially contributed to the conditions that harmed, harassed and killed exotic animals; and will continue to take ownership or possession of exotic animals under the same unlawful practices.

The suit asks that the defendants be prohibited from “owning, possessing, managing the care of, or otherwise providing care for endangered or threatened species, and from owning or controlling the facilities or real property where endangered or threatened species are housed, in the future.”

Specifically, PETA is requesting a permanent injunction against the defendants that “terminates all ownership and possessory rights” of one ring-tailed lemur, six tigers, four lions, three lion/tiger hybrids, four leopards, one clouded leopard and one cheetah, and PETA is requesting that these animals be placed in reputable facilities.

Tira said that Big Cat would have to apply for and receive a Restricted Species Permit from CDFW to bring animals back to the facility and no new applications from any entity related to the Kirshner/Big Cat facility have been filed.

CDFW completed its criminal investigation and “delivered its findings to the Butte County District Attorney’s Office. It’s now up to the DA’s Office in terms of what, if anything, it chooses to do,” said Tira.

Butte County District Attorney Mike Ramsey said his office will not pursue criminal charges against Kirshner.

“We’re letting the regulatory agencies deal with it rather than bring a criminal case,” said Ramsey.

Issues related to the care of native and exotic species at the sanctuary, where the captive wildlife were accessible to the public for viewing from 1994 until its closure earlier this year, are not new. As far back as 2013 the sanctuary had been cited numerous times by the United States Department of Agriculture for allegations of violations of the federal Animal Welfare act including, among other things, physical abuse of the animals such as beatings as well as neglect such as failing to provide animals with adequate veterinary care and clean, drinkable water as well as inadequate housing.