ALBANY, N.Y. (AP) — New York’s top court on Tuesday rejected an effort to free Happy the elephant from the Bronx Zoo, ruling that she does not meet the definition of “person” who is being illegally confined.
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The 5-2 decision by the state Court of Appeals affirms an earlier court decision and means Happy will not be released through a habeas corpus proceeding, which is a way for people to challenge illegal confinement.
The majority decision written by Chief Judge Janet DiFiore said that “while no one disputes that elephants are intelligent beings deserving of proper care and compassion,” a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.
The case had been closely watched by animal rights activists and industries that depend on animals. The zoo and its supporters warned that a win for advocates at the Nonhuman Rights Project could open the door to more legal actions on behalf of animals, including pets and other species in zoos.
The advocates at the Nonhuman Rights Project argued that Happy is an autonomous, cognitively complex elephant worthy of the right reserved in law for “a person.”
The Bronx Zoo argued Happy is neither illegally imprisoned nor a person, but a well-cared-for elephant “respected as the magnificent creature she is.”
The world is exploding the economy is in free fall and these morons worry about an elephant that’s better taken care of then many senior citizens that are living below the poverty level
Was the elephant vaccinated?
I would put these 2 judges in a zoo and free the elephant
The 2 dissenters should be replaced on the court by elephants.
The 2 dissenters should be impeached and disbarred for being complete utter morons.
Animals aren’t people and humans are a higher lifeform than animals.
She’s not a person, but she’s also not happy. It’s absurd to consider elephants people, but the Bronx zoo should voluntarily have her moved to an elephant reserve where she can enjoy the company of other elephants. Elephants are social animals.
Oh seriously I can’t believe it what were these judges thinking to themselves…..I wanted to go out with happy and grab a coffee at Starbucks
Do these judges allow an elephant to abort her baby? Her body her choice.
These 2 judges may have a point. Elephants have more brains and common sense than that fake, phony, fraud in the White House.
Bring this case to SCOTUS in October. We will have a definite, indefinite, absolute, fuzzy, decision written by the newest justice.
Why is this elephant any different to any animal in any zoo? I know some zoos treat the animals very badly, but this is not a circus or performing elephant. The Bronx zoo looks pretty well kept to me and the animals there probably better well looked after than the homeless who live on the streets & subways in New York.
Caging an intelligent elephant so it can provide fun for visitors is cruel; an elephant either should be released or should be put in sanctuaries where they have plenty of space to live. But what can you expect? The same people who don’t care about killing unborn babies should care about elephants? The only creations these people care about: is their voters.