Statement on Arguments Before First Department in Happy's Elephant Rights Case

Nov. 20, 2020—New York, NY—The Nonhuman Rights Project would like to thank all of the members of the press who joined us on Thursday for the Oral Arguments and subsequent Press Conference/Discussion in Happy’s case. Appearing virtually, with only six minutes to present such a complex case, was of course a challenge—but in the fight for nonhuman rights we expect and are prepared for challenges. The judges appeared most interested in whether Happy’s right to liberty is a matter for the courts. As Steve Wise explained, it’s their duty under the common law to confront what New York Court of Appeals Justice Eugene M. Fahey has called “the manifest injustice” of nonhuman animals’ thinghood and rightlessness. Some positive highlights: the judges rightly referred to Happy as “our client,” and two judges expressed sympathy for our cause.

We expect to hear from the court in 6-8 weeks, and if the decision isn’t favorable, we’ll ask New York’s highest court, the Court of Appeals, to hear our further appeal. This will allow us to bring the case before Justice Fahey, who seems to understand the core of our arguments—that how we view and treat autonomous nonhuman animals under the law must evolve. Thank you again to the press community for continuing to tell Happy’s story and helping us make sure she gets the freedom she deserves.

Watch the arguments on the Court’s YouTube channel here. For a detailed timeline of Happy’s case and court filings, visit this page. For more information about Happy’s appeal, visit this page. To download the above image of Happy, visit this page (credit: Gigi Glendinning).

CASE NO./NAME: THE NONHUMAN RIGHTS PROJECT, INC. on behalf of HAPPY, Petitioner, v. JAMES J. BREHENY, in his official capacity as Executive Vice President and General Director of Zoos and Aquariums of the Wildlife Conservation Society and Director of the Bronx Zoo, and WILDLIFE CONSERVATION SOCIETY (Appellate Case No. 2020-02581)

Media Contacts:

Stacey Doss
Sagon-Phior
stacey.doss@sagon-phior.com
949-285-2362

Lauren Choplin
The Nonhuman Rights Project
lchoplin@nonhumanrights.org
856-381-9448

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.