A judicial body has determined that five elephants currently residing in a Colorado zoo lack the legal capacity to seek their emancipation, as they are not human beings.
An animal rights organization initiated a legal action on behalf of the elephants at Cheyenne Mountain Zoo in Colorado Springs, employing a legal strategy known as habeas corpus.
A writ of habeas corpus—which translates from Latin as “you may have the body”—is a judicial procedure that mandates a court to evaluate the legality of an individual’s detention.
The Nonhuman Rights Project (NRP), which brought the matter to trial, contended that the elephants, originating from the wilds of Africa, exhibit indications of cognitive impairment due to their confinement, arguing that the zoo acts as “a prison” for these highly intelligent and social animals, which naturally traverse extensive distances each day.
Their aspiration was for the court to rule in their favor, thereby enabling the elephants to be relocated to a sanctuary tailored for elephants.
However, the zoo contended that relocating the elephants and potentially introducing them to other animals would be inhumane at their age, potentially inflicting undue stress.
It further noted that the elephants are not accustomed to larger herds, and based on the zoo’s assessments, they lack the necessary skills or inclination to integrate into one.
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The court determined that the “majestic” elephants—identified as Missy, Kimba, Lucky, LouLou, and Jambo—were not encompassed by the statutes the rights organization referenced.
“The core legal issue here hinges on whether an elephant qualifies as a person,” the court stated in its decision.
“And since an elephant is not classified as a person, the elephants involved do not possess the standing to lodge a habeas corpus petition.”
Following the ruling, the zoo expressed satisfaction with the outcome but expressed “disappointment that it had escalated to this point.”
It accused the NRP, which has previously pursued similar lawsuits against various other zoos, of “exploiting judicial systems” for fundraising purposes.
“It appears their true objective is to sway public opinion to donate to their initiative by continuously publicizing sensational legal claims with perpetual requests for support,” the zoo commented.
The NRP remarked that the recent ruling “perpetuates a glaring injustice” and forecasted that forthcoming courts would dismiss the notion that rights to freedom are exclusive to humans.
“As seen in other social justice movements, initial setbacks are anticipated as we confront a deeply entrenched status quo that has permitted Missy, Kimba, Lucky, LouLou, and Jambo to endure a lifetime of mental and physical anguish,” it stated in its announcement.
