DENVER – The Colorado Supreme Court ruled Tuesday that five elephants at the Cheyenne Mountain Zoo in Colorado Springs have no legal standing to seek their release through the court system, as they are not considered “persons” under the law.
The case, brought forward by the Nonhuman Rights Project, argued that the elephants — Missy, Kimba, Lucky, LouLou, and Jambo — should be allowed to challenge their confinement using habeas corpus, a legal process typically reserved for human prisoners.
The group claimed the zoo is akin to a prison for such intelligent and social animals, causing mental and physical harm.
Court’s Ruling
The court’s decision mirrored a 2022 New York ruling against granting similar rights to an elephant named Happy at the Bronx Zoo.
In its ruling, the Colorado Supreme Court stated, “The legal question here boils down to whether an elephant is a person as that term is used in the statute.
And because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim.”
The court emphasized that the decision was limited to the legal definition of personhood, not the ethical or moral regard for elephants.
Nonhuman Rights Project’s Argument
The Nonhuman Rights Project contended that the elephants, originally from the wilds of Africa, exhibit signs of brain damage due to their confinement and deserve the chance to live in one of two accredited elephant sanctuaries in the U.S. The group stated that these sanctuaries would provide a more suitable environment than the zoo.
The organization called the court’s ruling “a clear injustice,” adding, “Early losses are expected as we challenge an entrenched status quo that has allowed Missy, Kimba, Lucky, LouLou, and Jambo to be relegated to a lifetime of mental and physical suffering.”
Zoo’s Response
The Cheyenne Mountain Zoo argued that relocating the elephants at their current age would be harmful and stressful.
The zoo maintained that the animals are accustomed to their current environment and lack the skills or social behaviors needed to integrate into a sanctuary setting.
The zoo also pointed to its own observations, which suggest the elephants do not express the desire to join larger herds.
Looking Ahead
The Nonhuman Rights Project remains committed to its mission of establishing legal rights for nonhuman animals, comparing its efforts to earlier social justice movements.
While the Colorado ruling is a setback, the group expressed confidence that future courts will challenge the notion that only humans are entitled to liberty.
The ruling leaves Missy, Kimba, Lucky, LouLou, and Jambo at the Cheyenne Mountain Zoo, where they will continue to live under the care of zookeepers.
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