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April 13, 2007 judge again rules in favor of nprx; owner must convey property  
Contact: Rick Bogle 608.222.2348
Legal questions: Attorney Kendall Harrison of Godfrey and Kahn: 608.284.2627

Monkeys Clear Another Hurdle in Legal Battle for Fair Hearing


A legal battle over a piece of property uniquely situated between two infamous primate research laboratories took a turn for the monkeys today.

After months of additional legal argument, Dane County Circuit Court Judge Sarah O'Brien has upheld her November 26, 2007, ruling that an option contract for a piece of private property situated between the Harry Harlow Primate Psychology Laboratory and the NIH Wisconsin National Primate Research Center on the University of Wisconsin, Madison campus, is valid and has ordered seller Roger L. Charly to convey the property and to reimburse plaintiffs for $90,000 in legal costs.

"If the public knew about the scientific discoveries demonstrating that monkeys and other animals seem to understand the Golden Rule, have a sense of fairness, dislike cheaters, are willing to suffer to protect others ­ just like us ­ they'd be appalled by what is being done to them in the University of Wisconsinıs labs and in similar labs around the country.

"When the university learned that we had taken measures to establish an educational center for the public examination of just these points ­ the National Primate Research Exhibition Hall, immediately next door to their monkey labs ­ they reacted, and continue to do so, in a manner that strongly suggests that they prefer the public to remain ignorant.

"Given the obscene amount of taxpayer money poured into the labs, itıs no surprise. An appeal is a near certainty. When we prevail, the gravy train's end is also a near certainty," said Rick Bogle, co-plaintiff and co-founder of the Primate Freedom Project.

Background information

Judge O'Brien's Ruling (.pdf link)

Related information:

UW Destroys Data


November 28, 2006 judge rules in favor of nprx; owner must convey property 8:00 am cdt
A Rare Win for the Monkeys

Madison, Wisconsin - Animal activists today came much closer to their dream of establishing a national primate research exhibition directly next door to two of the nationıs most infamous monkey research laboratories.

In her oral decision, Judge Sarah B. O'Brien ruled that a real estate contract on a piece of commercial property is indeed valid and enforceable and ordered the current owner to convey the property to the activists.

Ruling that embarrassment to the University of Wisconsin was not an adequate reason to block the sale, that the UW had previously twice declined to purchase the property, and that arguments claiming possible increased risks to researchers were spurious, the Judge concurred with the Primate Freedom Project that the land contract was binding and enforceable.

An appeal by the current owner is likely. Future legal fights are likely as well as the university, the NIH, and the vivisection industry struggle to quash public discourse concerning animal experimentation.

"Future hurdles remain," said Rick Bogle, spokesperson for the Primate Freedom Project, "but this was the highest one."



Video of judge's statement
Wisconsin State Journal
The Capital Times


November 22, 2006 decision expected monday, november 27 on land dispute 8:00 am cdt
News Advisory
Contact: Rick Bogle 608.222.2348.

Primate Freedom Project
P.O. Box 1623
Fayetteville, GA. 30214
Tel: 770.719.5348
Email: info@primatefreedom.com

Judge to Rule on Controversial Animal Rights Land Deal

Dane County Circuit Court, Judge Sarah B. O'Brien will give her oral ruling in the lawsuit filed by the Primate Freedom Project and others to force the sale of a piece of commercial property located immediately between the Wisconsin National Primate Research Center and the Harry Harlow Primate Psychology Laboratory at the University of Wisconsin, Madison on Monday, November 27, at 1:30 p.m.

The property is the intended future home of the National Primate Research Exhibition Hall, a national showcase for the Animal Rights debate.

"The idea that we should use animals any way we want is pervasive. It is an idea rooted in pre-scientific superstition and vague beliefs about differences between the sexes, races, and species. Modern scientific enquiry is adding ever more evidence that various other species have minds and emotions very like our own.

"The juxtaposition of what we know about animals and what we actually do to them, nowhere provides more contrast and sharpness to the discussion than at the nation's monkey labs," said Rick Bogle, spokesperson for the Primate Freedom Project.

The University of Wisconsin, acting through a shell company, University of Wisconsin Research Park, LLC, offered the property owner $1,000,000 for the parcel after learning of his contract to sell the property to activists. The property has an assessed value of $130,000.

"We are not surprised by the resistance we've encountered. This is part of the on-going campaign to keep the public in the dark and to stifle public discussion about the use of animals in research. Everyone recognizes the public relations value in our proposed exhibition. We have known and expected that our efforts to shine a bright light on the issue would be fought against vigorously. Traditions don't die easily," said Bogle.

Judge O'Brien's courtroom is on the 6th floor, Courtroom 6B, of the Dane County Court House at 215 S. Hamilton Street, Madison, Wisconsin.



February 18, 2006 update: what's been happening? 12:00 pm cdt
A few people have contacted us asking for an update on our efforts. The bottom line is that nothing has changed for many months.

We remain locked in a legal dispute over the property. The owner, Roger Charley, has counter-sued and claimed that we are interfering with his ability to sell the property. In our opinion, his claim is frivolous.

As it now stands, the situation is this: We entered into a contract with Mr. Charley that gives us an exclusive right to purchase the property. We agreed on a price of $675,000. Upon learning of our intent, University Research Park, an agent of the University of Wisconsin, made a counter offer of $1,000,000.

We tried to enforce our contract and communicated our wish to immediately purchase the property. Mr. Charley then claimed that our contract with him was void. We filed a lawsuit against Mr. Charley.

The first court hearing is scheduled for late April.

We fully believe that our contract with Mr. Charley, duly signed, notarized, recorded, negotiated in good faith, represents a clear meeting of the minds between informed parties. We expect to prevail.

In the meantime, our efforts have turned to educating the local public regarding the use of monkeys here in Madison. We have been successful in keeping the issue in the public’s eye. Please see our website at MadisonMonkeys.com.

More than ever, we believe that Madison is the ideal setting for a focused effort to create a national dialog about the human/animal relationship. The path ahead is strewn with obvious barriers and pitfalls, but the path itself seems clear.

Every ill we can describe concerning the human exploitation of other animal species is rooted in prejudice. This prejudice is profound and so ingrained that most people cannot see it. This is why we must draw attention to the similarities between human and other species.

These similarities are only vaguely recognized by the public and almost never considered in an ethical context. Not surprisingly, the species nearest to us in evolutionary terms are also those most like us in terms of mind and emotion. As the general public better understands these similarities, and as the realities of the labs are exposed, the conclusion is unavoidable. It is old-time bigotry that keeps monkeys strapped into the restraint chairs and animals everywhere in subjugation.

The other primates and their use in publicly funded labs is the wedge issue that is needed to force an acknowledgement of animals’ rights. We hope you will continue to support our efforts; all the animals need all of us pulling together.

Sincerely,

Rick Bogle


August 3, 2005 nprx responds to anti-defamation league 1:00 am cdt
We are offended by the Anti-Defamation League's claim that we trivialize the suffering of those who were victimized during the Holocaust. There is nothing trivial about their suffering or the suffering of anyone victimized through the collusion of cruel government policy and a silent or bigoted citizenry.

We honor the victims by refusing to forget that it was the silence and bigotry of ordinary people that led to the nightmare. If someone had stood in front of Auschwitz with a sign proclaiming "Holocaust!" maybe the world would have listened.

Only by denying that the suffering of hundreds of millions of animals a year cannot rise to the same level of concern as any human suffering is it possible to argue that lessons from the history of human on human evils should not be applied to human on nonhuman animal evils. Such a denial is reminiscent of past claims that ìsub-humansî were justifiable experimental subjects.

We urge the members of the ADL to look past differences in appearances, differences in intelligence, differences in behavior and to look carefully at the similarities of joy, contentment, fear, pain, suffering, and resilience. There is too much evil in the world. We urge ADL members and supporters to join with us in freeing all the victims of prejudice and indifference.


relevant links

June 28, 2005 Letter sent to NPRX from Anti-Defamation League (pdf file)
July 8. 2005 Response sent to Anti-Defamation League from NPRX (pdf file)
August 2, 2005 ADL Press Release (external link)



june 6, 2005 PLANS FOR EXHIBITION HALL ANNOUNCED 11:00 AM CDT
On Saturday, June 4, we announced our intention to establish a public exhibition hall dedicated to showcasing use of nonhuman primates in scientific research. The National Primate Research Exhibition Hall (NPRX) will be located in Madison, Wisconsin and currently consists of five buildings between the Harlow Primate Laboratory and the Wisconsin National Primate Research Center. Between both of them, these two buildings are prison to over 2,000 monkeys.

People came from all around Wisconsin, Iowa, Illinois, Michigan, and Minnesota to hear our historic announcement. The crowd of over sixty people was made up of citizens and onlookers from the Wisconsin primate center and other campus vivisection laboratories.

Speakers included Primate Freedom Project and Alliance for Animals representatives as well as local politicians. Al Matano, Member of the Dane County Board, District 11 and Austin King, Member of the Madison Common Council, District 8 both voiced their support for the sort of open public discussion that the exhibition hall represents.

Mr. King made the important observation that the location of the exhibition hall will make the debate more immediate and real. We hope that council member King's understanding and insight will be shared by all.

As we unveiled our sign, lightning was flashing in the distance, storm clouds built. The university onlookers walked away with cell phones to their ears, perhaps discussing the brewing storm of public opinion that is fast approaching.

We took a baby step on Saturday. Many more are ahead of us as we struggle up this steep slope. We hope you will decide to become involved in our plan to change the world into a kinder place for all animals.

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