Colorado Supreme Court to hear case on elephants' rights, captivity at Cheyenne Mountain Zoo
The Colorado Supreme Court will soon decide whether animals have bodily liberty and whether a "next friend" can file a lawsuit on their behalf. A lawsuit filed by the Nonhuman Rights Project (NhRP) will be heard by the court on Oct. 24.
"Next friend" refers to a person or organization who represents another party in court.
"I was just there yesterday. It's such a small exhibit on the side of the mountain," said Courtney Fern of the NhRP.
Fern says her group has filed a lawsuit against the Cheyenne Mountain Zoo on behalf of the zoo's elephants, arguing that the animals are suffering in captivity at the Colorado Springs Zoo and should be released.
"The elephants do not want to be held captive, and they want to be free," said Fern.
The NhRP is calling for the elephants to be sent to a sanctuary where they can live as freely as possible.
The elephants' enclosures only allow them to move about 100 yards in any direction, the NhRP says, whereas their range in the wild can span hundreds to tens of thousands of square miles.
The lawsuit was dismissed by a district court in Colorado Springs, but the Colorado Supreme Court has agreed to hear the case. Fern says the NhRP is glad for the second chance.
"We're very confident, and we look forward to arguing against the zoo and presenting our case," she said.
However, the Cheyenne Mountain Zoo argues that the district court's ruling was correct. They describe the NhRP as an out-of-state extremist group trying to set a legal precedent. The zoo also contends that the NhRP is not the elephants' "next friend," arguing that the zoo itself is, and therefore, the NhRP has no standing to file the lawsuit.
John Suthers, the zoo's attorney, told CBS News Colorado in May that the zoo takes excellent care of all its animals and meets their individual needs.
"The Cheyenne Mountain Zoo has the highest AZA accreditation possible. In fact, it got a perfect score," Suthers said.
The NhRP contends that the accreditation is meaningless compared to the conditions the animals live in.
"It doesn't matter if they have the highest ranking from the Association of Zoos and Aquariums. If you visit the zoo, it's obvious that it's an inappropriate environment for elephants," said Fern.
Fern insists this lawsuit is not about setting a legal precedent but about the well-being of five animals.
"Obviously, if the court were to rule in their favor, it would set an amazing precedent. But right now, we're focused on the Cheyenne Mountain Zoo," Fern said.