Dallas Safari Club published a statement Aug. 4 denouncing the knee-jerk reactions of Delta, American, and United Airlines in the wake of Cecil the lion’s killing. Following the the lion’s death, the airlines banned the transport of lion, elephant, rhino, buffalo, and leopard trophies by their planes. As Delta continues to ban the Big Five from its flights, DSC is suing to force the airline to ship the trophies.
DSC, Houston Safari Club, Conservation Force, Corey Knowlton, the CAMPFIRE Association, and the Tanzania Hunting Operators Association are suing Delta Air Lines, Inc., in a federal court in Texas over what the hunting groups call “unconscionable” and illegal banning of certain big game trophies from the company’s aircraft. Delta is the only U.S.-based airline with flights to Africa, making it an important link in the hunting logistics of many safari-goers.
The official complaint, filed Oct. 15, claims Delta has stifled numerous business and personal interests that could and would have had positive effects on African wildlife — and Africa as a whole. The complaint points specifically to the benefits of hunting on local villages, including their incentives to protect wildlife that would otherwise be labeled as nuisances and pests.
The complaint points to sub-Saharan Africa’s human population explosion since 1965 — up 278 percent from 257 million to 973 million, according to The World Bank — as one proof that trophy hunting benefits wildlife. Without the value hunting places on the animals, they would have long been extirpated or completely driven to extinction in the interests of human expansion. Without the benefit of tourism hunting, the plaintiffs argue, the southern and eastern regions of Africa will lose critical wildlife management funding for anti-poaching efforts. Delta’s embargo might even dissuade hunters from traveling to Africa at all if they can’t get their animals back afterward.
Aside from the ban’s negative effects, the plaintiffs argue that the embargo is also illegal. According to the complaint, the ban violates the common carrier role Delta is supposed to fill. Under federal common law, and Delta’s own operating certificate, the airline is required to carry cargo that is not deemed unsafe and does not pose a legal problem. Legal trophies do not qualify as either.
Atlanta’s 90.1 FM WABE cited Thatcher Stone, an attorney who teaches aviation law at the University of Virginia, as saying the Department of Transportation and other common carrier regulations view discrimination as an offense. The airline could be in violation if the cargo they refused did not represent a “valid safety or legal concern.”
Included in the list of plaintiffs is Corey Knowlton. The only individual attached with the suit, Knowlton is a Life Member of DSC and has previously hunted all of the African Big Five. His May 2015 black rhino hunt contributed $350,000 to Namibia’s Game Products Trust Fund for black rhino protection and recovery. According to the complaint, the Namibian Ministry of Environment and Tourism would not use the funds until Knowlton’s trophy was imported into the U.S. Delta refused to ship his trophy, despite its legality, and subsequently delayed the usage of the funds.
The complaint reads: “Delta’s unlawful embargo burdens licensed, regulated hunters by discriminating against them and causing delay and greater expense.”
The U.S. Fish & Wildlife Service and CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) have both recognized the significant impact transporting trophies can have in favor of wildlife. As the legal taking of the Big Five meets the organizations’ requirements, the trophy ban conflicts with the international laws.
The plaintiffs made the following claims for relief: 1) violation of common carrier obligations, 2) tortious interference with business relations, and 3) failure to comply with FAA regulations and operating flights in violation of the terms of Delta’s air carrier certification.
They are asking the judge to provide the following relief to the claims:
• Declare that Delta violated its common law and contractual duties to transport passengers/cargo indiscriminantly
• Declare Delta tortiously interfered with the business relations represented by the plaintiffs
• Permanently enjoin Delta from enforcing the embargo and require they comply with U.S. and international law
• Issue a mandatory injunction to compel Delta to accept lawful Big Five trophies for transport
• Grant money damages to the plaintiffs (the amount determined at the trial)
• Grant pre- and post-judgment interest on the amounts awarded at trial
• Grant attorneys’ fees and costs as allowed by law
• Provide any relief the court deems just and proper
The complaint can be read in full here.
Cover image courtesy of Delta Air Lines