Bronx Zoo elephant named Happy isn’t a person, New York's top court rules
Happy the elephant may be intelligent and deserving of compassion, but she cannot be considered a person being illegally confined to the Bronx Zoo, New York’s
ALBANY, N.Y. — Happy the elephant may be intelligent and deserving of compassion, but she cannot be considered a person being illegally confined to the Bronx Zoo, New York’s top court ruled Tuesday.
The 5-2 decision by the state Court of Appeals comes in a closely watched case that tested the boundaries of applying human rights to 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, farm animals and other species in zoos.
The court’s majority echoed that point.
The 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.
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