New York’s highest court has ruled that Happy the elephant is not a “person” as it tossed a lawsuit seeking to free the animal from the Bronx Zoo.
The 5-2 decision likely marks the end of the line for an animal rights group that since at least 2018 has been seeking to spring the 50-year-old Asian pachyderm through habeas corpus – a legal principal used for challenging wrongful imprisonment.
But the state Court of Appeals on Monday rejected that argument, finding habeas corpus “has no applicability to Happy, a nonhuman animal who is not a ‘person’ subjected to illegal detention.”
“While no one disputes that elephants are
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