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Updated: 7:31 a.m. Thursday, Aug. 16, 2007 | Posted: 7:21 a.m. Thursday, Aug. 16, 2007
SAN FRANCISCO —
The circus's performances begin Thursday and run through Aug. 19 at the Oracle Arena portion of the coliseum.
The order by U.S. Judge Marilyn Patel allows Joseph Cuviello and Deniz Bolbol of Redwood City to videotape elephants and other animals from the landing of the coliseum's north ramp.
Cuviello and Bolbol, who are members of Citizens for Cruelty-Free Entertainment, say they want to make the videos to educate the public and support any complaints they may make to law enforcement agencies and the media about alleged abuse.
Bolbol said on Tuesday, "Having the right to gather information and document on videotape the treatment of animals is essential to exercising our free speech."
Patel adopted a 12-page recommendation for a preliminary injunction issued Tuesday by U.S. Magistrate Edward Chen, whom she had asked to report on the case. Chen said the pair's right to videotape is protected by the right of free speech.
The city of Oakland and the coliseum, both named in a lawsuit filed by Cuviello and Bolbol, did not file any objections to the recommendation by a noon deadline.
The preliminary injunction bars the coliseum from requiring Cuviello and Bolbol to have tickets to enter the ramp. It also requires the facility to allow them to get to the ramp and photograph or videotape circus animals from the landing.
Patel noted that in future proceedings, she may reconsider whether the pair should be required to pay for tickets. The ramp was previously open to pedestrians for free but the coliseum established a new policy this month requiring tickets for entry.
Patel wrote, "If it is established that the policy was adopted for legitimate purposes unrelated to plaintiffs' actions and will be a long-standing policy for the area in question, the court may impose the cost of tickets upon plaintiffs."
Bolbol and Cuviello, who are acting as their own lawyers, filed the federal lawsuit in 2006 after Cuviello was arrested while trying to videotape from the ramp landing during the circus's 2005 visit.
Bolbol said that in 2004, she videotaped a handler allegedly beating an elephant in a holding tent in the parking lot next to the ramp. The videotape has aired on local and national television and Internet Web sites, she said.
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