Politics & Government

UPDATE 4:22 p.m.: Hearing Set for Friday on Minnesota Zoo's Request to Stay Open During Shutdown

The Minnesota Zoo is seeking a temporary restraining order that would keep the zoo open in the event of a state government shutdown.

officials are asking a Dakota County judge to issue an order that would keep the zoo open and operating, even if state government shuts down at midnight.

The zoo's request to continue operations has been combined with a half-dozen similar requests from around the state, including one from Canterbury Park, and a hearing on the consolidated petitions is scheduled for 11 a.m. Friday in Ramsey County District Court in St. Paul.

In a request filed Wednesday, zoo attorney Mike Hatch asked the court to issue a temporary restraining order that would allow funds raised through zoo admissions and other programs to be disbursed by the Office of Minnesota Management and Budget.

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Under state law, money raised by the zoo is deposited by MMB into a special revenue account, and is used for operations and maintenance of the zoo. Wednesday’s request argues that the state should allow those funds to be appropriated to keep the zoo running during its busiest—and most lucrative—months of the year.

“At present, the zoo has a balance of $1.3 million in its current fiscal year,” Hatch’s request says. “By using the carry-forward funds in its current budget and by utilizing its earned income, the zoo is able, with a court order that recognizes the current statutory authorization, to manage its operations through September 2011.”

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On Wednesday, Ramsey County District Judge Kathleen Gearin ruled that the zoo would have to close in the event of a shutdown because it is not a “core function” of government. Employees would be on hand to care for the zoo’s animals and keep them secure, but other zoo employees are not considered essential.

As part of her order, Gearin wrote: “Any additional operations of a zoo, even when in large part paid for by admission charges and other receipts, are not critical core functions of government.”

Hatch said Thursday that a petition had been filed to consolidate all cases involving matters related to the potential shutdown. In addition to the Minnesota Zoo case, those include one in Shakopee relating to Canterbury Park, which is also expected to close in the event of a shutdown, and one in Columbus relating to Running Aces Harness Park.

He said he's hopeful that at least the Minnesota Zoo portion of the case has a good chance at success.

"I think the judge was favorable to [the request]," he said. "The issue isn't whether the zoo is a core function; we're not saying that. We're saying that some things are appropriated perpetually under state law. We believe the issue is whether the statute appropriates continuous funding."

Hatch’s request for a restraining order notes that only about 29 percent of the zoo’s entire budget comes from the state’s general fund.

Zoo officials expect to earn more than $1.5 million during July, with expenses of about $762,000. In August, the zoo’s expected earnings are more than $1.6 million, according to Hatch’s request.

“If the zoo is closed, the zoo will not be able to achieve a balanced budget and will be forced to make massive budget cuts for the remainder of the fiscal year,” the request says. “These reductions will force the closure of many exhibits and other zoo facilities, likely cascading into diminished attendance requiring even further closures and cuts.”

Should it be forced the close, the zoo will have to cancel or suspend a number of contracts, including those with food-service and retail workers, membership purchases and zoo event rentals, the request says.

Additionally, the zoo is in the middle of a series of major capital improvement projects, and a shutdown would result in “significant additional costs and foregone revenues,” the request says.

“The loss of … deposits, prepayments, license fees, franchise fees, lease rentals, memberships, sponsorships and philanthropic gifts will be devastating to the operation of the zoo,” the request says. “More important, a closure of the zoo could result in liabilities under the above contracts.

“In the end, the loss of income combined with the liability for damages could cause a ‘death spiral’ for the zoo, in which some zoo activities will be indefinitely suspended or permanently closed.”

A hearing on the zoo’s request for a temporary restraining order was held Wednesday afternoon before Dakota County District Judge Jerome Abrams.


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