Credited from: CBSNEWS
DENVER (AP) — The Colorado Supreme Court has ruled that five elephants at the Cheyenne Mountain Zoo cannot pursue legal action for their release, affirming that nonhuman animals do not possess the legal standing to challenge their captivity. This decision follows a similar ruling in New York regarding an elephant named Happy, as confirmed by AP News.
In a unanimous decision, justices concluded that the legal framework underpinning the case, which cited the U.S. constitutional provision of habeas corpus, applies only to humans. Justice Maria Berkenkotter stated, “We conclude that the district court correctly held that Colorado's habeas statute only applies to persons, and not to nonhuman animals” in her written opinion.
The suit was brought forth by the Nonhuman Rights Project, an animal rights group advocating for the release of the elephants Missy, Kimba, Lucky, LouLou, and Jambo, born in the wild. The group argued that the confined space of the zoo, limiting their movement significantly compared to their natural roaming patterns, has resulted in mental and physical distress for these intelligent creatures.
The zoo maintains that it meets the elephants' care and welfare needs, asserting that relocation could cause stress due to their age and inability to adjust to potentially unfamiliar environments. In response to the ruling, the zoo described the lawsuit as “frivolous,” emphasizing its commitment to animal care while expressing disappointment over the need to defend against such allegations.
Despite the legal setback, the Nonhuman Rights Project plans to appeal the ruling, asserting that denying liberty based solely on species perpetuates injustice and likening their struggle to historical social justice movements. They predict future legal frameworks may evolve to recognize the rights of nonhuman beings, reflecting changing societal attitudes toward animal welfare.
As this case underscores ongoing debates about animal rights and legal recognition, both sides remain steadfast in their positions, with the potential for further discussions on the treatment of animals held in captivity. For additional insights on the ruling and implications for animal rights, please refer to CBS News.