Shriners fight Newmarket circus ban

2009-06-09

Gail Swainson, Toronto Star

The circus is coming to town – but instead of under the Big Top, the Shrine Circus will first appear in a Newmarket courtroom.

Last month, Newmarket council voted to ban the June 17 and 18 performances by the Shrine Circus from the town-owned Ray Twinney Recreation Complex, saying the facility, which is in a residential area, is not appropriate or safe for performing animals.

Xentel DM Inc., which stages the circus for the Shriners, fired back, and is taking the town to court this Thursday.

Town officials say the facility and its ventilation system are not designed for large animal acts, and having a circus there for two days will affect other users.

The Shrine Circus has three Asian elephants, seven horses and 10 dogs. "The nature of the performances and the nature of animals performing must be considered in order to properly address protection of the audience and the employees," said a report. Also cited were concerns over "prior incidents involving performing animals on town facilities."

Two years ago, Newmarket made headlines after two female elephants appearing in the Garden Bros. Circus at the complex escaped. They "went on the lam" after a power cord, electrifying the fence holding them in their compound, was accidentally disconnected.

Susie stayed to graze on the complex's juicy grass, while Bunny wandered down the street, ending up on a neighbour's lawn, where she trampled the lilies and ate the leaves off a tree before the wayward elephants were rounded up. Newmarket Regional Councillor John Taylor said the elephants' midnight stroll was amusing but could have had a far different outcome. "The truth is, when you have small children around, you have to be extra careful," Taylor said. He insisted the ban is not based on animal rights issues.

"I can assure you our concerns are strictly an operational issue," Taylor added. But Xentel spokesperson Len Wolstenholme said council's real motivation is to ban all circuses that use performing animals.

Wolstenholme says Newmarket council banned circus animals from town last year, then backtracked in the spring when told the issue was a provincial responsibility. Although the town does not have the jurisdiction to implement a sweeping ban, it does have the right to decide who can use its facilities.

Wolstenholme also complained that the debate in May to deny the Shrine Circus application was held behind closed doors and that Xentel was not given adequate notice.

Wolstenholme said Xentel has rejected going the no-animal route because ticket sales plummeted when it was tried in the past. While the Shrine Circus may be shut out, Circus Garden, formerly the Garden Bros. Circus, will appear in the Twinney complex today and tomorrow.

Ringmaster Ian Garden said Circus Garden is test-driving a no-animal show and has had an overwhelmingly positive response from the public. Their new high-tech, $750,000 extravaganza has a Cirque du Soleil flavour, he said.

"We just got 45 or 50 emails from people in Sudbury thanking us for not using animals," said Garden. "It has absolutely blown my mind the support we have got."

Garden is urging the public to vote by their attendance on the type of circus they prefer. Both the Shrine Circus and Circus Garden perform in Barrie this weekend.

"Let's call it the Battle of the Circuses," he added. Circus Garden will take over the indoor Molson Centre for two days starting Saturday, and the Shrine Circus will set up under the tent in the Bayfield Mall parking lot.