These Elephants Were Barred From Suing To Leave Their Zoo
The Colorado Supreme Court has ruled that five elephants at a Colorado zoo do not have the legal right to demand their release because they are not human.
The decision means that Jambo, Kimba, LouLou, Lucky, and Missy must continue to stay at the Cheyenne Mountain Zoo in Colorado Springs.
It followed a similar court defeat in 2022 by the Court of Appeals in New York for an elephant named Happy at the Bronx Zoo in a case brought by an animal rights group. That same group, the Nonhuman Rights Project, brought the case in Colorado as well.
The Colorado court “does not turn on our regard for these majestic animals generally or these five elephants specifically,” wrote Justice Maria Berkenkotter.
“Because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim.”
The court declared that Colorado’s habeas statute applies to persons, not nonhuman animals, regardless of how cognitively, socially, or psychologically sophisticated they may be.
It also pointed out that the group was only seeking different confinement for the elephants, not total freedom.
The group argued that the elephants, born in the wild in Africa, have shown signs of brain damage because the zoo functions like a prison for these highly intelligent and social animals that naturally roam vast distances each day.
It cited affidavits from seven animal biologists, saying that elephants share many cognitive abilities with humans, such as empathy and self-awareness.
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When confined in zoos, they can experience boredom due to lack of stimulation and stress that could lead to brain damage.
It advocated for the elephants to be moved to one of the two accredited elephant sanctuaries in the United States, believing that the animals were no longer capable of surviving in the wild, especially given their older age. Placing them with new animals could cause unnecessary stress since they are not used to being in larger herds.
The zoo welcomed the outcome of the case but expressed disappointment that there had to be a long legal fight over the issue that lasted for 19 months. The zoo also accused the Nonhuman Right Projects of “abusing court systems” to raise money.
“It seems their real goal is to manipulate people into donating to their cause by incessantly publicizing sensational court cases with relentless calls for supporters to donate,” stated the zoo.
In a statement, the Nonhuman Rights Project said that the latest ruling “perpetuates a clear injustice” and that five elephants have been made to suffer mentally and physically for the rest of their lives.
The group predicted that courts would reject the idea of humans being the only species with the right to liberty in the future.
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