Is an elephant legally a person? New York's highest court is considering whether an elephant at the Bronx Zoo is entitled to the same right of protection against unlawful imprisonment that people have.
Happy, roughly 50 years old, was born in the wild and named after a dwarf from the movie “Snow White and the Seven Dwarfs.” Happy’s living space at the Bronx Zoo is separated by a fence from that of the zoo’s other elephant. The two elephants touch trunks, smell each other and communicate, Mary Dixon, a spokeswoman for the zoo, said Wednesday.Ken Manning, an attorney for the zoo, told the New York State Court of Appeals that Happy is not suffering or being held wrongfully.
“There’s got to be an illegal detainment in order for the remedy to even apply at all,” he said. “And here there’s been no illegal detainment.” The court also sought to determine the scope of the Nonhuman Rights Project’s argument. One of the judges asked an attorney for the group if she was seeking a ruling just for Happy or for a broader group of elephants.
“It would be disingenuous to not think that this would be precedent for another elephant,” the attorney, Monica Miller, responded. “It certainly wouldn’t automatically free other elephants.”That strategy was echoed by Wise, who said in the interview that if the court rules in favor of Happy’s release, his organization will ask other New York zoos to release their elephants to sanctuaries.
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