LOS ANGELES (CNS) - A judge Thursday declined a Los Angeles resident's request for a restraining order that would have put a temporary stop on a bid by the Los Angeles Zoo to transfer aging elephants Billy and Tina to the Tulsa Zoo, where local zoo officials say the animals would have more room to roam.

Los Angeles Superior Court Judge James C. Chalfant said the issue would be better handled through the City Council rather than in the courts.

Plaintiff John Kelly had sought the TRO pending a hearing on a preliminary injunction. Kelly said the beasts should instead be transferred to an animal sanctuary.

Kelly said in a sworn declaration that he donated $50 to the LA Zoo based on an announcement that Tina and Billy would be going to a "preserve" similar to a sanctuary, only to find out later that the truth was otherwise.

"I learned from ... my own research of various sources that, at the Tulsa Zoo, the elephants would be subject to the same inhumane conditions from which they had suffered and continued to suffer at the LA Zoo," Kelly said in a sworn declaration. "In other words, I was duped."

Kelly further says that it became "apparent to me that the LA Zoo had deliberately misrepresented the location to which it had decided to relocate Billy and Tina in order to falsely pass it off as an accredited elephant preserve or sanctuary where the two elephants would be able to recover from their physical and mental trauma."

But in her own sworn declaration, LA Zoo Director Denise Verret says the zoo's announcement about the transfer of Billy and Tina was "completely truthful and accurate. We were upfront that Billy and Tina are moving to another zoo -- the Tulsa Zoo."

The Tulsa Zoo itself refers to its newly expanded elephant habitat as the "Family Elephant Experience and Elephant Preserve," according to Verret.

Tina is owned by the San Diego Zoo, which has already transferred ownership to the Tulsa Zoo, and the Tulsa Zoo has already made arrangements for her transfer, Verret further says.

"If the transfer is blocked, the Los Angeles Zoo potentially faces claims from the Tulsa Zoo or San Diego Zoo, according to Verret.

Following Thursday's hearing, Kelly's attorney, Melissa Lerner, told reporters the public should reach out to city officials and urge them to block the elephants' transfer to Tulsa. She also said Mayor Karen Bass should step in and prevent the move.

"She has the power to intervene and prevent their transfer before it's too late," Lerner said, adding that Kelly will continue to fight to stop the move.

An animal-rights advocate who attended the hearing told reporters she does not believe there's enough space at the Tulsa facility to properly house the elephants.

"I really believe they want to take Billy to this other zoo to breed him," Patty Shenker said.

Gary and Shannon

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