New York Court of Appeals rules Happy the Elephant, currently a resident at Bronx Zoo, must remain confined
NEW YORK -- There was a disappointing verdict Tuesday for activists trying to free Happy the Elephant from the Bronx Zoo.
As CBS2's Christina Fan reported, they argue the animal is being illegal detained and is entitled to bodily liberty.
Happy is a 50-year-old Asian elephant living in the zoo.
But should she also be considered a person?
No, is the answer New York's top court handed down Tuesday in a landmark animal rights case.
"It's not only is loss for Happy, but it's a loss for humanity," said Elizabeth Stein of the Nonhuman Rights Project.
READ MORE: Animal Rights Group Wants Elephant Removed From Bronx Zoo
Stein is an attorney with the Nonhuman Rights Project, which has been waging a legal war against the Bronx Zoo the last four years, arguing Happy deserves the same rights as humans because she is highly intelligent.
The group has been pushing for her removal from a one-acre exhibit at the zoo to a more spacious sanctuary.
"She is no different from a human being because of her autonomy, because of her extraordinary cognitive abilities, and because she suffers like a human," Stein said.
In a vote of 5-2 on Tuesday, the New York Court of Appeals ruled that Happy is not a person and therefore is not afforded the same right to be free of unlawful confinement.
At the Bronx Zoo, visitors seemed as split as the justices.
"It's an animal. That's it. That's all I have to say. It's just an animal. I don't care how intelligent it is," one person said.
"Are they happy in the environment or are they not? And it's a hard call because we are not elephants," said Joann Gentsch of Staten Island.
The ruling means Happy will continue residing at the Bronx Zoo, which has been her home the last 45 years. But activists say their fight isn't over. They persuaded two judges on New York's highest court and they know they'll persuade more.
Fan reached out to the Wildlife Conservation Society, which operates the zoo, but it did not immediately responded to the verdict. It previously denied accusations Happy is mistreated, saying she is content at home.