BY JASON COHEN
The battle for Happy the
Elephant, of the Bronx Zoo,
began in 2018 and the Non-
Human Rights Project is not
ready to end its fi ght.
In December, the courts
ruled against the NonHuman
Rights Project’s (NhRP)’s argument
that Happy the Elephant
be declared a “person,”
entitled to protection
under the writ of habeas corpus.
However, on Jan. 27,
NhRP fi led a motion for permission
to appeal with the
New York Court of Appeals,
the highest court of appeals
in the state.
Approval from at least two
of the seven New York Court
of Appeals judges is needed
for the motion to be granted.
“We welcome this opportunity
to present our arguments
to the Court as to why
they should hear our appeal,”
said Nonhuman Rights Project
Founder and President
Steven Wise. “The issues in
Happy’s case are novel and
deeply important at the local,
state, national, and international
levels, and the
fi rst department committed
numerous, serious legal errors
in its decision to dismiss.”
The most recent decision
in this case marked the
24th judge in New York State
alone to rule against NhRP
as it attempts to advance its
agenda to extend human protections
to animals.
This is the fi fth case
NhRP has lost seeking legal
personhood for animals.
All four Departments of
the New York State Supreme
Court, Appellate Division
have ruled against NhRP.
“The Bronx Zoo takes excellent
BRONX TIMES REPORTER, F 22 EB. 19-25, 2021 BTR
care of Happy and will
continue to do so, along with
all animals here at the zoo,”
said a spokesman for the
Bronx Zoo. “Her well-being
is assured by our dedicated
staff and all the expertise
they bring in providing excellent
care for her for more
than 40 years. NhRP and the
experts they recruited for
their petition, none of whom
ever had any direct contact
with or knowledge of Happy,
have exploited Happy and
the name of the Bronx Zoo to
further their misguided philosophical
agenda and fundraise
for their cause. NhRP
has no real regard for Happy
as an individual. Though
NhRP is on record in court
documents stating they are
not questioning Happy’s welfare,
they consistently raise
concerns about her welfare
as a fundraising tool.
“From the beginning, the
information perpetuated by
NhRP about Happy has been
inaccurate, misleading or
simply false, and they knew
it. In fact, Happy is not kept
in isolation – she has contact
with another elephant;
Happy is not languishing;
Happy is not kept indoors for
half the year; Happy is well
cared for by professionals
with decades of experience.”
The 50-year-old elephant
currently resides on an acre
of land at the zoo, but if relocated
to the Elephant Sanctuary
in Tennessee, she would
have access to 2,600 acres of
land along with 10 to 15 other
elephants.
Happy was born in Malaysia
in 1971 and spent a few
years in California before
being relocated to the Bronx
Zoo in 1977. She has lived
with three other elephants
over the course of her time at
the zoo and currently resides
with Patty the elephant with
a barrier between them.
While NhRP believes
Happy is isolated and should
be transferred to a sanctuary
in Tennessee, the Zoo
disagrees.
Additionally, in July 2020
the Elephant Sanctuary in
Tennessee pointed out that
it is not affi liated with the
Nonhuman Rights Project’s
“Free Happy” movement and
has requested that it not be
referenced in the Project’s
ongoing campaign.
A decision is expected
within six to eight weeks.
On Jan. 27, the NhRP fi led a motion for permission to appeal with the New
York Court of Appeals, the highest court of appeals in the state. Photo
courtesy of Gigi Glendinning
Nonhuman Rights
Project (NhRP) seeks
appeal in elephant
rights case
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