NY's top court to consider 'personhood' of Happy the elephant
Robert Gavin, The Times Union
May 4, 2021
See link
https://www.timesunion.com/news/article/NY-s-top-court-to-consider-personhood-of-Happy-16151699.php
for photos.
ALBANY: Advocates for Happy the elephant have a new reason to be happy.
New York’s highest court on Tuesday agreed to hear the appeal waged by the
Nonhuman Rights Project, which wants to establish the legal “personhood” of
the female Asian elephant, age 50, who has been at the Bronx Zoo for more
than 40 years.
The advocates, led by attorney Steven Wise, the president of the Nonhuman
Rights Project, want the court to order a writ of habeas corpus for the
release of Happy. Wise's group wants to see Happy transferred to an
elephant sanctuary.
“This marks the first time in history that the highest court of any
English-speaking jurisdiction will hear a habeas corpus case brought on
behalf of someone other than a human being,” the Nonhuman Rights Project
said in a news release.
The group is expected to hold a press conference Wednesday morning at 10
a.m.
In 2018, Court of Appeals Associate Justice Eugene Fahey said he
"struggled" with the denial of a similar argument Wise made on behalf of
Tommy, a chimp who was living in Montgomery County in a cage in a
warehouse-type setting.
Happy is the "first elephant in the world to be granted a hearing to
determine the lawfulness of her imprisonment," the Nonhuman Rights Project
said.
"Happy’s case has been supported from the start by leading scientists,
philosophers, habeas corpus scholars, legal experts, theologians, and the
wider public throughout the country and the world," the news release said.
"Having begun the fight for nonhuman rights in New York eight years ago, we
are thrilled the Court of Appeals has recognized the urgent public
importance of Happy’s case and hope she will soon become the first elephant
and nonhuman animal in the US to have her right to bodily liberty
judicially recognized."
Judges typically issue writs of habeas corpus to demand that a prisoner be
produced to determine whether the person's imprisonment is legal. Wise has
argued that legally speaking, personhood is not the same as being human. He
has said that courts around the world have found ships, corporations, holy
books and a river to be persons.
In November, Wise argued on the elephant’s behalf before the Appellate
Division of the state Supreme Court's First Department in Manhattan but was
rejected as justices made it clear during arguments they would be reluctant
to accept Wise's argument. That mid-level court upheld a Bronx judge’s
ruling.
Happy was captured in the wild in Asia at the age of one and taken to the
United States. Happy and a fellow elephant, Grumpy, were brought to the
Bronx Zoo where they gave rides and were part of in an "elephant
extravaganza,” according to court papers.
In 2002, the Bronx Zoo placed Happy and Grumpy with two other elephants,
Patty and Maxine, who attacked Grumpy, causing her to be injured and
euthanized. The zoo separated Happy from the two other elephants and paired
her with Sammie, who later died of liver disease.
The zoo has not acquired any more elephants, leaving Happy by herself since
2006.
The Nonhuman Rights Project contends Happy has been "imprisoned in solitary
confinement, notwithstanding the uncontroverted scientific evidence that
Happy is an autonomous, intelligent being with advanced cognitive abilities
akin to human beings." They say Happy said has been denied direct social
contact with her kind and forced to spend most of her time indoors in a
large holding facility.
In November, Kenneth Manning, a lawyer for the Bronx Zoo's managing entity,
the Wildlife Conservation Society, said it was not illegal for Happy to be
at the zoo and that she was being treated well. He noted the zoo's chief
veterinarian, general curator and director all attested to Happy's
treatment and living conditions.
"There's no reason to change her circumstances," Manning said.
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