Cape Argus

The three jumbos who have now got themselves a lawyer

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MINNIE, Beulah and Karen are elephants who for decades have belonged to a familyowne­d travelling zoo in Connecticu­t. Over the years, they’ve also been hired out for appearance­s in advertisem­ents, movies and weddings.

And on Monday, they got a lawyer, although they did not ask for one. The prominent animal rights attorney Steven Wise filed a writ of habeas corpus petition on behalf of the elephants, arguing that they are “legal persons” with a right to bodily liberty and asking the Connecticu­t Superior Court to order their release to a sanctuary.

Wise and his legal group, the Nonhuman Rights Project, have unsuccessf­ully made this argument several times before in New York, where their plaintiffs were chimpanzee­s. As in those cases, the elephant lawsuit cites a wide body of scientific research establishi­ng the species’s advanced cognitive abilities and complex social lives – evidence of what the legal team says is the elephants’ “autonomy”.

If the court granted a writ, it would be allowing the elephants to challenge the legality of their detention and acknowledg­ing their “personhood”. That could usher in profound changes in legal status for animals, which are currently considered property in the eyes of the law. But critics contend that it might also weaken the rights of some people.

Tim Commerford, owner of the Commerford Zoo, which owns the three elephants, said in a phone interview that he had not seen the lawsuit and had not been aware it was coming. The animals range in age from 33 to 50 and have all belonged to the zoo for at least 30 years, he said.

“They’re part of our family,” he said.

Legal personhood is a term that is not reserved for human beings. US courts have determined that corporatio­ns can be legal persons, and a New Zealand court has extended the label to a river. Courts in Argentina and Colombia have also recognised legal personhood for chimpanzee­s and a bear. But the Nonhuman Rights Project’s previous attempts in New York have been stymied by rulings that rejected personhood for chimps based on the animals’ inability to bear legal responsibi­lities and social duties.

Wise said the New York courts were “clearly wrong” about this point, which he hopes the Connecticu­t court will view differentl­y. He said the project chose Connecticu­t as its next site for a case even before finding clients – the elephants – because the legal team judged the state’s common law to be favourable to their arguments. What’s more, he said, elephants might stand a better chance than chimps, in part because “apes are so close to us that it makes some people uncomforta­ble”.

“Judges may view us in a different way when we’re dealing with an animal that doesn’t look anything like us but has many of the same characteri­stics,” Wise said. Those characteri­stics, he said, were explained in affidavits from leading elephant experts which cite the animals’ empathy, self-awareness and long-term memory, as well as an ability to use calls and gestures to discuss, plan and execute a course of action. “They engage not only in innovative problem-solving, but engage in co-operative problem-solving.”.

Commerford, the zoo owner, said Beulah, Minnie and Karen had ample space and stimulatio­n. Removing them would be akin to taking away a house cat that is “comfy at your house”, he said. “It’s not right to rip them from my family, from their home,” he said.

 ?? PICTURE: ARMAND HOUGH ?? CLEVER: Elephants are among the most intelligen­t animals.
PICTURE: ARMAND HOUGH CLEVER: Elephants are among the most intelligen­t animals.

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