The Colorado Supreme Court is reviewing an extraordinary case that could allow five elephants at the Cheyenne Mountain Zoo to sue for their freedom. The NonHuman Rights Project, an animal rights organization, is arguing that these elephants—Missy, Kimba, Lucky, LouLou, and Jambo—should be recognized as “persons” under the law. This would permit them to file a habeas corpus petition, a legal procedure traditionally used by prisoners to contest their detention.
During the hearing, justices raised concerns about the broader implications of this decision, including whether it might extend to domestic pets like cats and dogs. Jake Davis, the attorney representing the elephants, explained that these animals, born in the wild in Africa, show signs of psychological trauma from confinement. The organization aims to relocate them to one of two accredited sanctuaries in the United States, as it believes the elephants wouldn’t survive in the wild.
This case follows a similar attempt in New York in 2022 to release Happy, an elephant held at the Bronx Zoo. In that case, New York’s highest court ruled that, while Happy is an intelligent being deserving of compassion, she cannot be legally regarded as a person with a right to freedom. The court cautioned that such recognition could have far-reaching and potentially destabilizing effects on modern society.
The Cheyenne Mountain Zoo contends that moving the elephants could actually harm them, as their age and unfamiliarity with large herds may cause undue stress. The zoo also argues that the elephants are comfortable in their current environment and lack the desire to adapt to a new one. Meanwhile, the NonHuman Rights Project continues to advocate for the legal recognition of the elephants as individuals deserving of certain rights.
