The fi ght for Happy continues
Animal rights nonprofi t, Bronx Zoo appeal for elephant to move to sanctuary
BY JASON COHEN
The battle for Happy the
elephant’s animal rights continued
last month when the
Nonhuman Rights Project
(NhRP) and attorneys for the
Wildlife Conservation Society
presented oral arguments to
three appellate judges.
In February a judge ruled
that Happy was not a person
nor is she imprisoned at the
Bronx Zoo, which led to the
Nov. 19 appeal. In November,
the exhibit closed for the winter,
which left Happy confi ned
to an industrial cement structure
lined with windowless,
barred cages. According to
the zoo, the “elephant barn”
will reopen in May 2021.
Following the hearing, the
NhRP expects to hear from
the court in six to eight weeks.
If the decision is not favorable,
the nonprofi t will ask New
York’s Court of Appeals to
hear its further appeal.
While Nonhuman Rights
Project Founder and President
Steven Wise and New York legal
Counsel Elizabeth Stein,
only had six minutes to speak,
Wise told the Bronx Times he
hoped that short time made
an impact.
“We were really hoping
to win because Happy
has been imprisoned in a
very small place for than 40
years,” Wise said. “Her life is
being destroyed.”
BRONX TIMES R 20 EPORTER, DECEMBER 4-10, 2020 BTR
Wise said that he felt good
heading into the hearing because
there are concrete examples
showing Happy’s independence,
which other judges
have also supported.
Happy’s proof of autonomy
was evident in 2005, when
she became the fi rst elephant
to “pass” the mirror self-recognition
test, considered to
be an indicator of self-awareness.
The mirror test is a behavioral
technique developed
in 1970 by psychologist Gordon
Gallup Jr. as an attempt
to determine whether an animal
possesses the ability of
visual self-recognition.
“The only way to have the
life of an elephant is to have
her moved to a sanctuary,” he
stressed. “Anyone that cares
about elephants would not
want to see her live like this.”
In a Daily News opinion
piece, world-renowned elephant
expert Dr. Joyce Poole
wrote in support of Happy’s
right to a better life. Poole said
that she had submitted three
affi davits on Happy’s behalf
asking that she be released
to The Elephant Sanctuary
in Tennessee or California’s
Performing Animal Welfare
Sanctuary (PAWS).
“Simply put, the Bronx
Zoo’s exhibit is too small to
meet the needs of Happy or
any elephant. Happy deserves
to live the rest of her life at
a sanctuary where the utmost
care will be given to her
individual needs and she’ll
have the space and conditions
needed to heal and to form psychologically
necessary bonds
with 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
but has lived alone for the past
17 years.
The 49-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.
The NhRP began fi ghting
for Happy back in
September 2019.
The legal battle over the rights of Happy the elephant continued.
Photo courtesy of Gigi Glendinning
Bill de Blasio
Mayor
Dave A. Chokshi, MD, MSc
Commissioner