EL PASO, Texas (KTSM) – The El Paso Zoological Society has filed a lawsuit against the City of El Paso in the latest development in a months-long dispute between the two groups over the nonprofit’s contact, which was not renewed earlier this year.
The Zoological Society announced the lawsuit on Tuesday morning, March 28.
The Zoological Society says the City has not made any guarantees that it will use the money it has raised to support the zoo. The group also alleges a “toxic work environment” in the lawsuit.
The nonprofit group says it had “no choice” but to file a lawsuit after the City issued an “ultimatum to turn over (zoo-related funds) or face ‘consequences,’” the society said in its lawsuit.
The Zoological Society is seeking a “ declaratory judgment and other relief regarding the non-renewal of their longstanding agreement.”
The City opted not to renew its contract with the Zoological Society back on March 17, triggering a months-long dispute between the two entities. That included trading statements and press releases over the dispute in recent weeks.
On May 20, the City Council voted 6-1 to move on with zoo–related fundraising efforts without using the Zoological Society.
After the May 20 vote, the Zoological Society issued a statement saying it had agreed to a “mutual audit” of zoo finances.
The City countered later that night by saying the society had rejected a full accounting of funds on several occasions and had until Friday, May 24 to meet a list of seven action items including having an external audit for fiscal year 2023 done and turning over money raised for zoo programs and projects.
The Zoological Society says this last move is what prompted their lawsuit.
“This legal action aims to ensure that the Society’s funds are used as intended by donors, and protect the Society’s rights,” the society said in its press release announcing the lawsuit. “The Society remains committed to supporting the Zoo and has made numerous attempts to negotiate a new agreement with the City, and even attempted to negotiate an agreement solely to donate its funds, all of which have been met with hostility and contempt. The lawsuit also addresses the City’s refusal to provide written assurance that the funds would be used for the Zoo, despite the Society’s legal duty to do so.”
The lawsuit is asking the court to make the following findings: that the Zoological Society, not the City, is authorized to spend the society’s funds for zoo-related purposes during the term of the agreement; that the City is not authorized to spend the Zoological Society’s money after the agreement has expired; the city manager’s right to demand an audit ended with end of the agreement; and that the City did not request an audit before the agreement ended.
“The Society also seeks recovery of reasonable and necessary attorney’s fees, costs of court, and other appropriate relief,” according to the news release.
Here is what the Society said, in part about the lawsuit, in its news release:
“The El Paso Zoological Society has filed a lawsuit against the City of El Paso following the abrupt termination of their 61-year partnership. The Society, a nonprofit dedicated to supporting the El Paso Zoo, has raised millions for various zoo projects. Despite a longstanding and productive relationship, recent years have seen increased tensions, after the appointment of a new Zoo Director in 2019. The Society cites unprofessional behavior and questionable expense requests as key issues.
“In December 2022, after the Society voiced these concerns, the City attempted to unilaterally force the Society to enter into a new agreement, which would reduce the Society’s role to merely fundraising. This led to a toxic work environment and an eventual decision by the City, in a closed-door meeting, to allow the current agreement to expire without having a new one in place, and to demand that the Society turn over all of its funds to the City’s General Fund. For the past two months, the Society has tried to work out a deal with the City that would allow the Society to donate its funds to be used for the Zoo or find another solution. The City rejected all proposed solutions, insisting that the agreement requires the Society to hand over all of its funds to the City without the City committing to use the funds for the Zoo.”
As KTSM has previously reported, the Zoological Society is run by a volunteer board and receives funds from local donors. For more than 60 years, the organization has worked with the El Paso Zoo assisting with education programs, operational support and memberships.
The contract was initially set to expire in December 2022 but was granted two extensions. On Feb. 26, the Zoological Society was notified that the contract would not be renewed and the nonprofit would need to vacate the zoo grounds by March 17.
KTSM has reached out to the City for comment about the lawsuit.
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