Remember Happy ? A 47-year-old female elephant living in the Bronx Zoo since the 1970s for which an organization sought to have basic human rights? The court ruled.
The New York Supreme Court ruled by a 5-2 majority that Happy could not be legally considered a person, "although no one disputes the fact that elephants are intelligent beings who deserve proper care and compassion."
The Nonhuman Rights Project (NhRP), a non-profit civil rights organization that protects the legal personality of great apes, elephants, dolphins and whales, recently filed a petition against the zoo in 2018, seeking "recognition of Happy legal personality." and the fundamental right to liberty and security of person. "
The NhRP argued that at the Bronx Zoo, Happy is kept the same as in isolation, which they said is particularly cruel given that elephants are highly social creatures that move through large areas of nature. The organization asked Happy to move to a place worthy of elephants, where they say there would be more space as well as be in contact with other elephants.
Two judges, Rowan Wilson and Jenny Rivera, voted differently from the others saying that the fact that Happy is an animal does not prevent him from having legal rights. Rivera wrote that Happy was being held in "an environment that is unnatural for him."
According to NhRP, elephants "have many human-like abilities, such as awareness, sensitivity, death awareness, intentional communication, learning, memory, and categorizing skills," which makes them uniquely deserve the right for habeas corpus - a legal aid through which a person, or an animal in this case, can report detention or unlawful detention.
The zoo has argued the opposite. Happy has contact with another elephant and is cared for by people like "well-trained large animal veterinarians and animal handlers who treat Happy with respect and kindness". They point out that the zoo is certified and Happy, like all zoo animals, is protected by the Animal Welfare Act.
The decision of the New York Supreme Court cannot be appealed.
