Connecticut Appellate Court to Hear Arguments in Elephant Rights Case

The Connecticut Appellate Court will hear arguments on Wednesday, Jan. 8th in the world’s first elephant rights case, filed by the Nonhuman Rights Project (NhRP) on behalf of three elephants—Beulah, Karen, and Minnie—held captive in a Connecticut traveling circus. Minnie is now the sole surviving elephant held captive in the Goshen-based Commerford Zoo following the deaths of both Beulah and Karen this past year.

The NhRP is asking the Connecticut courts to recognize Minnie as a legal person with the fundamental right to liberty and order her immediate release to one of the two accredited elephant sanctuaries in the US: The Elephant Sanctuary in Tennessee or the Performing Animal Welfare Society sanctuary.

On the 8^th, the NhRP expects to address the serious legal errors in the Appellate Court’s decision on the first habeas corpus petition the organization filed on behalf of the Commerford elephants. The NhRP will urge the Court not to repeat these errors—such as the legally wrong assertion that Minnie must have standing to sue for the NhRP to be able to file a habeas petition on her behalf—when it rules on the NhRP’s appeal of a lower court’s dismissal of its second habeas petition.

In September, Beulah collapsed and died at the Big E fair in Massachusetts. Days later, the USDA confirmed Karen had died in March. Following this news, the NhRP, the Humane Society of the United States, the PETA Foundation, Animal Legal Defense Fund, Connecticut Residents Seeking Sanctuary for the Commerford Animals, and other organizations sent a letter to Connecticut Governor Ned Lamont, urging him to help secure Minnie’s release to a sanctuary. His office has not yet responded. In October, Connecticut State Representative David Michel, Connecticut State Representative Representative Anne Hughes, and local activists joined the NhRP in condemning the inaction of the local, state, and federal authorities responsible for ensuring the Commerford elephants’ welfare.

WHAT: Oral argument on a supplemental brief the NhRP filed in November of 2019 with the permission of the Appellate Court. For a complete timeline of the NhRP’s elephant rights litigation in Connecticut, including all filings and decisions, visit this page.

WHEN: Wednesday, Jan. 8th at 2 p.m. ET. The Court will determine the duration of the arguments as it sees fit.

WHERE: 75 Elm Street, Hartford, CT 06106

WHO: NhRP President Steven M. Wise will argue for the NhRP before Judge Bethany J. Alvord, Judge William H. Bright, Jr., and Judge Robert E. Beach, Jr.

WHY: The NhRP will urge the Appellate Court to disregard its legally wrong decision on the NhRP’s first habeas petition when it rules on the NhRP’s appeal of Connecticut Superior Court Judge Dan Shaban’s dismissal of the NhRP’s second habeas petition. Ultimately, the NhRP is requesting a hearing on the merits of Minnie’s case to determine the lawfulness of her imprisonment under Connecticut’s common law of habeas corpus.

SIGNIFICANCE: This case is about the injustice of imprisoning an autonomous being like Minnie, especially alone, and treating her as a legal “thing” with no rights simply because she isn’t human. Courts have the responsibility under the common law—which must evolve as human understandings of injustice evolve—to confront this injustice by recognizing Minnie as a legal person with the fundamental right to liberty and freeing her to a sanctuary. Otherwise, she will continue to suffer, and the Connecticut courts will continue to undermine their most deeply rooted values and principles of justice every day she is denied her freedom.

CASE NO./NAME: A.C. 42975./NONHUMAN RIGHTS PROJECT, INC. v. R.W. COMMERFORD & SONS, INC. A/K/A THE COMMERFORD ZOO.

PRESS INFO: NhRP President Steven M. Wise, NhRP attorney Elizabeth Stein, and NhRP Executive Director Kevin Schneider will be available for interviews in the days before and immediately after the arguments. To request to film the proceedings, email Alison.Chandler@jud.ct.gov and Rhonda.Hebert@jud.ct.gov.

PRESS CONTACTS: Karen Hinton / karen@karenhinton.com / 703-798-3109 and Lauren Choplin / lchoplin@nonhumanrights.org / 856-381-9447

# # #

About the Nonhuman Rights Project
The Nonhuman Rights Project is the only civil rights organization in the United States working through litigation, legislation, and education to secure fundamental rights for nonhuman animals.