The legal battle began when a museum visitor contacted the United States Department of Agriculture (USDA) about the cat's care and the agency investigated. The USDA wanted the museum to (1) obtain an animal exhibitor's license under the Animal Welfare Act (AWA); (2) either cage the cats at night, build a higher fence or add an electric wire atop an existing wall, or hire a night watchman; (3) tag the cats; and (4) build elevated resting places. The museum faced fines if it did not comply, so it took the USDA to court; then it lost the case.
The museum challenged the USDA's jurisdiction to regulate it under the AWA (which also regulates such things as zoos and circuses) and argued the cats do not impact interstate commerce sufficiently to subject it to AWA regulation. But the 11th Circuit Court of Appeals ruled that the AWA has been interpreted to regulate any exhibit of animals that are made available to the public. The court explained that the cats are made publicly available and affect commerce by their exhibition to museum visitors (who pay an admission fee), including many from out-of-state, and using images of the cats on the museum's website and in promotional materials. The court stated that exhibiting the cats is "integral to the Museum's commercial purpose, and thus, their exhibition affects interstate commerce."
