DENVER (AP) — A group advocating for animal rights is pushing for the release of five elephants, Missy, Kimba, Lucky, LouLou, and Jambo, who have been living at the Cheyenne Mountain Zoo in Colorado Springs for many years. The group argues that the elephants, highly intelligent and social animals accustomed to roaming vast distances in the wild, are essentially being held in a prison-like environment.
The Colorado Supreme Court is set to hear arguments on Thursday regarding whether the older African female elephants have the legal standing to challenge their captivity through a process typically used by prisoners to contest their confinement. The NonHuman Rights Project claims that the elephants are suffering while being “unlawfully confined” at the zoo and seeks their release to an undisclosed elephant sanctuary.
Lawyer Jake Davis, representing the group, stated in a brief that the elephants are enduring unnecessary suffering and are destined to continue suffering unless judicial action is taken.
The central legal issue revolves around whether the elephants can be considered legal “persons” with the right to challenge their detention. The NonHuman Rights Project argues that personhood is not exclusive to humans.
A similar lawsuit filed by the group challenging the captivity of an elephant named Happy at the Bronx Zoo was unsuccessful in 2022. The New York Court of Appeals ruled that Happy, despite being intelligent and deserving of compassion, could not be deemed a person unlawfully confined.
The Cheyenne Mountain Zoo opposes the release of the elephants, citing potential cruelty in relocating them at their advanced age. The zoo argues that the elephants may experience unnecessary stress if placed in new environments and are not equipped to integrate into larger herds.
The zoo also accuses the NonHuman Rights Project of attempting to establish a legal precedent that could lead to challenges against the captivity of any animal. It expressed concerns about the implications this could have on pet ownership.