“And the zoo forbids her from making any of those decisions herself.” “She has an interest in making her decisions and deciding who she wants to be with, where she goes, what she does and what she eats,” the project’s attorney, Monica Miller, told The Associated Press before the oral negotiations. The Nonhuman Rights Project wanted her moved from a “one-acre prison” at the zoo to a more spacious sanctuary. “Although no one disputes that elephants are intelligent beings deserving of proper care and compassion, the courts below have duly granted the motion to dismiss the habeas corpus motion and we affirm that.”
#Denver radar in motion free#
“Because the detention order is intended to protect people’s liberty right to be free from unlawful detention, it does not apply to Happy, a nonhuman animal who is not a ‘person’ subject to unlawful detention,” the decision reads. The New York City Circuit Court of Appeals disagreed, although it said Happy was entitled to reasonable care. The Nonhuman Rights Project filed a detention review petition on Happy’s behalf, proposing that a legal instrument that protects people’s liberty rights by providing a means of securing release from illegal detention should also apply to an elephant.
The decision ends a long-running legal battle over whether a highly intelligent animal can have the same rights as a human, although it will do little to deter animal rights activists from pushing for it. The ruling that Happy is not a legal person and therefore does not have a basic human right, dismisses the animal rights group’s argument that she is being illegally held at the zoo. The years-long and novel legal attempt to secure Happy’s transfer to an elephant sanctuary failed with the court denying the Nonhuman Rights Project’s motion. ALBANY, NY - Happy the elephant is not a person, the New York State Court of Appeals ruled Tuesday in a 5-2 decision, meaning the Asian elephant will continue to live at the Bronx Zoo, her home for the past 45 years.
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