New York judge rules elephant is ‘autonomous’ but cannot be named a person

A New York judge dismissed a lawsuit Wednesday against the Bronx Zoo from an animal advocacy organization that called for Happy, an Asian elephant, to be considered a person with a right to be free under the law.

The group, the Nonhuman Rights Project, sought Happy’s release from the zoo where she has lived for nearly 50 years, ABC News reported.

Happy was part of a 2006 study that described the animal’s ability to identify herself in a mirror as evidence of human-like awareness. The organization alleged that the elephant was therefore similar to a person with the right to liberty under the principle of habeas corpus, which guards against being detained unlawfully.

“The central purpose of habeas corpus is to release autonomous beings from illegal imprisonment,” the group argued in its petition, according to ABC News. The group was attempting to persuade Judge Alison Tuitt to consider transferring Happy to a California sanctuary. “As an autonomous self-determining nonhuman, Happy is entitled to immediate release from her unlawful imprisonment.”

Tuitt said Wednesday that “Happy is more than just a legal thing or property. She is an intelligent, autonomous being who should be treated with respect and dignity, and who may be entitled to liberty,” New York 1 reported.

However, the judge added that New York legal precedent prevented her from finding that Happy is a “person,” so she could not rule that the animal was imprisoned. 

Happy has been living alone in captivity since 2002 when her companion died, according to New York 1.

Jim Breheny, the director of the Bronx Zoo, said in a Wednesday statement that the zoo was “pleased” with the judge’s decision to dismiss the petition.

“In doing so, the court supported the Bronx Zoo’s legal position and we believe this decision is in Happy’s best interests,” he said.

“The Bronx Zoo takes excellent care of Happy and will continue to do so, along with all animals here at the zoo,” Breheny continued.