The Colorado Supreme Court has ruled that five elephants at a Colorado zoo cannot pursue legal action for their release as they are not human. The decision, announced on Tuesday, aligns with a similar 2022 ruling in New York, where a case seeking freedom for an elephant named Happy from the Bronx Zoo was also dismissed.

The ruling involved elephants Missy, Kimba, Lucky, LouLou, and Jambo, housed at the Cheyenne Mountain Zoo in Colorado Springs. The court emphasized the legal issue centered on whether elephants qualify as “persons,” concluding they do not and, therefore, lack the standing to file a habeas corpus claim, typically used by prisoners to challenge unlawful detention.

Scientists develop most refined chimpanzee brain atlas

The Nonhuman Rights Project, the animal rights group behind the case, also led the effort to free Happy in New York. They argued that the Colorado elephants, who were born in the African wild, display signs of brain damage due to confinement in the zoo, which they likened to imprisonment for such intelligent and social animals. The group proposed relocating the elephants to one of two accredited elephant sanctuaries in the U.S., as they believe the animals can no longer thrive in the wild.

However, the zoo countered that moving the elephants at their current age could cause undue stress and harm, particularly since they are not accustomed to living in larger herds. Observations suggest the elephants lack the desire or ability to adapt to such environments.

While the zoo welcomed the court's decision, it criticized the Nonhuman Rights Project for using legal battles to allegedly garner donations, accusing the group of exploiting court systems for publicity and fundraising.

Research shows quarter of freshwater animals threatened with extinction

The Nonhuman Rights Project, in response, described the ruling as an injustice, maintaining that courts in the future would reject the idea that only humans are entitled to liberty. The organization likened its fight to other social justice movements, acknowledging early defeats but remaining committed to challenging the status quo.