A San Diego judge denied a request for a temporary restraining order filed by two animal rights groups trying to stop ticket sales for an upcoming rodeo show at Petco Park.
Animal Protection and Rescue League and Showing Animals Respect and Kindness filed a lawsuit against the Padres and C5 Rodeo in early November, alleging that C5 Rodeo, the operator of the rodeo, has previously used electric prods and other devices to shock animals which violates a state law that bans those devices.
A few weeks later, their lawyer, Bryan Pease, filed papers seeking a temporary restraining order against the Padres and C5 Rodeo to stop ticket sales from taking place. The lawyer claimed the Padres and C5 Rodeo were violating San Diego's municipal code by allowing non-service animals at the ballpark.
Pease told NBC 7 the groups would keep up their fight to stop the rodeo. The temporary restraining order was requested to expedite the process while they wait for another hearing which will determine if the rodeo should be canceled altogether, according to Pease.
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"We don't want to have a hearing right before the Rodeo whenever all these tickets have been sold, and things have been set up, and plans have been made and the court got that as well and realized that we need to have some kind of clarity on this pretty quickly," said Bryan Pease, the attorney representing the animal rights groups.
On Tuesday, a lawyer representing the Padres and another lawyer representing C5 Rodeo were present in court. The Padres' counsel said she doesn't believe the organization is violating the city's municipal code by putting on the rodeo. She said that the city's municipal code which bans non-service animals is referring to public rights of way, not the private baseball field.
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"That particular provision actually only applies to those areas that are public lands or rights of way. In this instance, the playing field where the event is going to occur is neither a public land or a right of way," said Elaine Harwell, the attorney representing the Padres. "If people run into the ball field during a game or an event, they're properly taken off the field because that is not an area where the general public is permitted."
Ultimately, a judge will determine if the Padres and C5 Rodeo are in violation of the city's municipal code. Tuesday, the judge set that hearing for Dec. 14 at 9 a.m. There has never been a rodeo held at Petco Park and there hasn't been a rodeo in the city of San Diego since the 1980s.
A spokesperson for the Padres said they cannot comment on pending litigation.
C5 Rodeo said in a statement to NBC7: "In our preparations for the San Diego Rodeo, we have worked with industry professionals to establish and implement animal safety measures. We are committed to providing the very best care for the contestants and livestock and abide all California laws regulating the treatment and use of animals."
The city of San Diego said the Padres have submitted a special events permit for the Rodeo that they are currently reviewing.
