Print

Email story

Comment

Email editor

'Vicious' peacocks or ordinary birds?

A lawsuit against Busch Gardens claiming a peacock attack could hinge on that question.

By JENNIFER LIBERTO
Published July 9, 2005

TAMPA - Grevy's zebra, bongo antelope and reticulated giraffe graze along the rolling replica of the Serengeti plain. African lions and Bengal tigers climb craggy rock crevices, while giant hippos dip into a man-made stream out on the "Edge of Africa."

But about those peacocks ...

They're dull domesticated birds, Busch Gardens argues.

Not a wild feather on them.

A federal lawsuit has forced the theme park into the awkward position of noting in court that its peafowl are among the few of its 300 species that aren't at all exotic.

For years, Busch Gardens' peacocks have carved out a habitat in the 330-acre park, dodging sneakers and snapping at dropped popcorn and french fries.

But the peacock has been birda non grata since one allegedly decked a park visitor five years ago. Startled by a peck to her palm, Elnita Thacker fell flat on her back, according to her lawsuit.

Thacker, 40, of Clearwater says the park was negligent for failing to rein in its "vicious" wild peacocks.

Thacker claims more than $500,000 in damages for permanent peacock injuries that have prevented her from holding a steady job. She can no longer weave hair into beautiful braids at hair salons, due to nerve damage from her wounded left hand and back pain from her fall, her lawsuit states.

The lawsuit has proved a major annoyance for the park, which tried to settle but has lately inched closer toward a trial. A scheduled trial last month was canceled after Thacker fired her fifth attorney.

Thacker and her latest lawyer, Darryl Rouson, president of the NAACP of St. Petersburg, declined to comment on the case.

Busch Gardens also declined to answer questions but released a written statement heralding safety as the park's top priority.

"We regret Ms. Thacker's experience at our park, which was caused by the unusual behavior by one of the park's birds," park general manager Dan Brown said in a statement.

The park even yanked all nine of its peacocks from public display in early June, when the trial seemed imminent, to allay visitor fears about the birds, said park spokesman Gerard Hoeppner.

Experts say the law is harder on wild animal owners than on keepers of domestic creatures. Owner liability is greater, for example, when a pet python lashes out, than when a dog goes berserk.

"Every dog gets one bite," said Joe Little, law professor at the University of Florida.

The Busch Gardens lawsuit could hinge on how the court categorizes the offending peacock, Little said.

Busch Gardens says the birds are bred in captivity, interact with people and depend on caretakers for food, water and shelter.

"These peacocks have exhibited no inclination to escape captivity," Busch Gardens attorney Robert Blank of Tampa stated in federal records.

The lawyers mention Florida cities, including Milton and Gainesville, that have classified peacocks as domestic pets.

Meanwhile, Thacker's previous attorney argued that the peacocks are wild, since the birds aren't native and aren't treated like normal pets with living-room privileges.

"There are no known domesticated peacocks," wrote one of Thacker's attorneys, Ken Cooper of Fort Lauderdale, who withdrew from the case last month. "None that are household pets. None that are trained."

The U.S. Department of Agriculture, which regulates zoos, declined to weigh in on the peacock debate. The federal agency doesn't regulate birds, but is considering a policy change to take on fowl.

Peacocks bred in captivity tend to be gentle and passive, yet afraid of people, peacock breeders say.

While attacks are extremely rare, peacocks can run or fly into people, especially if they've been frightened, said Dennis Erdman, a peacock breeder and treasurer of the United Peafowl Association in Klingerstown, Penn.

"They fly to get away from predators and people, and if you're in that flight path, it smarts," said Erdman, who has weathered several hits himself.

However, Thacker, and her 14-year-old son who witnessed the incident, contend Thacker was attacked and that the park should be held responsible. Thacker now receives Medicaid.

Thacker is hoping for at least $1-million to cover future lost income, according to court records. She has declined Busch Gardens' undisclosed settlement offer.

She remembers being struck by the peacock's beauty - just before she was struck by the peacock.

"I never saw a peacock fly," she said in the deposition. "I didn't know they could fly. I kept saying, I couldn't believe that thing flew like that, you know."

[Last modified July 9, 2005, 01:01:15]