Photo: New York Daily News
A New York appeals court rejected a bid by an animal activist group to free an elephant living in captivity at the Bronx Zoo. The Nonhuman Rights Project argued that the elephant, named Happy, was being illegally detained by the Bronx Zoo, where she has been living for the past 45 years.
The group filed a writ of habeas corpus on behalf of Happy and demanded the court declare she is a legal person, entitled to the rights and protections granted under the law. They wanted Happy transferred from her one-acre enclosure at the zoo to a more spacious animal sanctuary.
In a 5-2 decision, the State of New York Court of Appeals ruled that Happy is not a person.
"While no one disputes the impressive capabilities of elephants, we reject petitioner's arguments that it is entitled to seek the remedy of habeas corpus on Happy's behalf," Chief Judge Janet DiFiore wrote in the lengthy opinion.
"Because the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a 'person' subjected to illegal detention. Thus, while no one disputes that elephants are intelligent beings deserving of proper care and compassion, the courts below properly granted the motion to dismiss the petition for a writ of habeas corpus, and we therefore affirm."
Lauren Choplin, a spokeswoman for the Nonhuman Rights Project, told CNN that the group is considering its legal options following the defeat.