MT. HOPE, Ohio — The Mid-Ohio Alternative Bird and Animal Sale, originally scheduled for Sept. 19-21, was halted after a judge for the U.S. District Court Northern District of Ohio issued a temporary restraining order. 

The restraining order said the auction had violated the Animal Welfare Act. 

This action does not affect the regular auctions held at Mt. Hope Auction in Millersburg, Ohio.   

The Mid-Ohio Alternative Bird and Animal sale generally offers more than 200 different species of domestic and exotic animals for sale.  

A preliminary complaint filed on Sept. 6 cited numerous and repeated violations of the law, spanning from inadequate veterinary care and unsafe housing of animals in enclosures, to improper animal handling, inaccurate record keeping and sales of animals from unlicensed sellers.

 According to the complaint, since 2022, Mt. Hope has been cited by USDA for neglecting to provide 39 different animals with proper veterinarian care during the Alternative Bird and Animal Sale. The court provided a detailed account of events that took place at Alternative Animal Auctions with photographs, including government inspectors’ discovery in September 2022 of a small, dead ram in the facility’s main sale barn. Inspectors concluded that the auction staff had not carried out enough daily observations to notice the dead ram or to determine that it required veterinary care before it died.

In September 2023, inspectors saw a calf lying down with its back legs splayed. A member of the public reported that the calf, which was later found to be unable to walk, had been in the same position since the day before. More animals in the fall 2023 auction, including two Nilgai (Asian antelope) and several cattle, were discovered to be malnourished with ribs, scapula, pelvic bones and individual vertebrae exposed.

The complaint noted that although Mt. Hope Auction has made clear that sellers are responsible for the animals they consign, the auction has not ensured that there are enough staff members on duty to effectively monitor the health and welfare of the thousands of animals at the auction each day and to promptly report any problems to the attending veterinarian.

The USDA conducted 11 inspections of Mt. Hope Auction the last two years, all of which have identified “multiple violations of the AWA and its regulations and standards,” for a total of 69 AWA violations in less than two years. Thirteen of these violations were classified as critical or direct, the two most serious types of AWA citation.

Mt. Hope Auction President Thurman Mullet declined to comment pending further litigation.

In addition to ensuring that all animals present at its Alternative Animal Auctions are provided with adequate veterinary care, including daily observations to assess their health and well-being and the use of appropriate methods to prevent, control, diagnose and treat diseases and injuries, U.S. District Court Judge John Adams ordered Mt. Hope to begin keeping complete veterinary records of all animals evaluated or treated at Alternative Animal Auctions, including those that die.

The order also requires establishing a safe distance and/or barriers between animals and people and that USDA inspectors be able to access Mt. Hope facilities and records without interference or harassment.

The Mt. Hope Auction hosts a variety of different sales throughout the year. Its livestock, hay and produce sales take place on a weekly basis, selling a range of livestock, hay, straw, ear corn and firewood. The auction holds several periodic sales, including the Mid Ohio Draft Horse & Carriage Sale, Machinery Sale, as well as the Mid-Ohio Alternative Bird and Animal sale. Each of these sales is held three times a year.