Audio By Carbonatix
A bid to free five elephants from a Colorado zoo has been rejected after a court ruled elephants are not people.
An animal rights group argued Missy, Kimba, Lucky, LouLou and Jambo were effectively imprisoned at the zoo, and had filed to have them moved to an elephant sanctuary.
It tried to bring a habeas corpus claim on behalf of the animals - a legal process which allows a person to challenge their detention in court.
The Colorado Supreme Court said the matter boiled down to "whether an elephant is a person" and therefore had the same liberty rights as a human - ultimately deciding that they did not.
It ruled 6-0 in favour of a previous district court decision that said the state's habeas corpus process "only applies to persons, and not to nonhuman animals".
This was true "no matter how cognitively, psychologically, or socially sophisticated they may be," State Supreme Court Justice Maria Berkenkotter added in her ruling.
While she said the five elderly African elephants were "majestic," the court ruled the claim could not be brought "because an elephant is not a person".
The Nonhuman Rights Project (NRP) petitioned for the elephants to be moved from Cheyenne Mountain Zoo to a "suitable elephant sanctuary" in 2023.
The group argued the animals had a right to freedom because they were emotionally complex and intelligent animals.
It claimed the elephants showed signs of "trauma, brain damage, and chronic stress" and that they were effectively "imprisoned" at the zoo.
Cheyenne Mountain Zoo rejected the claim, arguing the elephants had received remarkable care, and was supported by a district court.
After the Supreme Court ruling, Cheyenne Mountain Zoo called NRP's lawsuit "frivolous" and said it had "wasted" time and money on the case.
It accused the group of "abusing court systems to fundraise" and claimed its goal was "to manipulate people into donating to their cause by incessantly publicising sensational court cases with relentless calls for supporters to donate".
NRP said the decision "perpetuate[d] a clear injustice, stating that unless an individual is human they have no right to liberty".
"As with other social justice movements, 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," the group said in a statement.
An earlier bid by NRP to free an elephant named Happy from New York's Bronx Zoo was rejected after the court judged she was not legally a person.
Latest Stories
-
Accra turns white as Dîner en Blanc delivers night of elegance and culture
1 hour -
War-torn Myanmar voting in widely criticised ‘sham’ election
3 hours -
Justice by guesswork is dangerous – Constitution Review Chair calls for data-driven court reforms
3 hours -
Justice delayed is justice denied, the system is failing litigants – Constitution Review Chair
4 hours -
Reform without data is a gamble – Constitution Review Chair warns against rushing Supreme Court changes
4 hours -
Rich and voiceless: How Putin has kept Russia’s billionaires on side in the war against Ukraine
5 hours -
Cruise ship hits reef on first trip since leaving passenger on island
5 hours -
UK restricts DR Congo visas over migrant return policy
5 hours -
Attack on Kyiv shows ‘Russia doesn’t want peace’, Zelensky says
5 hours -
Two dead in 50-vehicle pile up on Japan highway
5 hours -
Fearing deportation, Hondurans in the US send more cash home than ever before
5 hours -
New York blanketed in snow, sparking travel chaos
6 hours -
Creative Canvas 2025: Documenting Ghana’s creative year beyond the noise
9 hours -
We would have lost that game last season – Guardiola
9 hours -
Nigeria reach AFCON last 16 despite Tunisia fightback
9 hours
