NY Court: An Elephant Isn't a Person

Facts

• On Tues., New York's top court rejected a legal effort to free an elephant named Happy from the Bronx Zoo.¹
• The group that brought the lawsuit, the Nonhuman Rights Project, argued that 'Happy is an extraordinarily cognitively complex and autonomous nonhuman' and should be seen as a 'legal person' with a right to bodily freedom.²
• The 5-2 decision by the state Court of Appeals affirms that Happy doesn't meet the definition of a 'person.' Happy will therefore not be released through habeas corpus, a way for people to challenge illegal confinement.¹
• The Bronx Zoo responded to allegations of treating Happy poorly by saying that their animal experts 'know her best' and continually assess her situation to make appropriate decisions about her care.³
• Happy has lived at the zoo for over 40 years, ten of which she's spent alone.⁴
• The ruling marks the end of an effort to free Happy, a battle the animal rights group has been fighting since 2018.⁴

Sources: ¹USA Today, ²CNN, ³FOX News and ⁴New York Post.

Narratives

• Narrative A, as provided by Nonhuman Rights Project. With the court's final decision, it's clear that more needs to be done regarding animal rights. Elephants are cognitively complex animals, and Happy is an autonomous, self-aware being. Her treatment and incarceration are unjust and she deserves the same legal rights ascribed to humans.
• Narrative B, as provided by NBC. This ruling was about the bigger picture. Labeling Happy a 'person' and granting her freedom would've opened the door to more legal actions on behalf of animals, including pets and other species in zoos. That could devastate the industries involved and those who care for the animals.