PHILADELPHIA – LuLu Shriners is suing the Township of Whitemarsh and several of its organizations and individuals over an ordinance that banned the performers from hosting its annual circus because of the exotic animals involved.
In its lawsuit, filed in the United States District Court for the Eastern District of Pennsylvania on April 1, LuLu Shriners said the township and board supervisors Michael Drossner, Vincent Manuele, Laura Boyle-Nester, Fran McCusker, Jacy Toll, as well as Township Solicitor Sean Killkenny, Township Manager Richard. Mellor, Jr., and Doe defendants 1-99, singled it out when they barred its event.
“[The ordinance] categorically, through both design and function, unconstitutionally singles out The LuLu Shriners and punishes plaintiff through the fiction created by members of PETA that elephants have ever been abused at the LuLu Shriners Circus or that or that these same well-trained and performing animals are a danger to the public,” the lawsuit claims.
The plaintiff sued for an injunction, stating that it will suffer great harm if it can’t perform in Whitemarsh as it has for the past 47 years.
The Shriners also sued for tortious interference.
The plaintiffs are represented by Damian Sammon of McGivney, Kluger, Clark and Intoccia of Philadelphia.
United States District Court for the Eastern District of Pennsylvania case number 2:20-cv-01720-KSM