Today, in a major blow to animal rights and nonhuman animal “personhood” advocates, the New York Court of Appeals, in a 5-2 decision, rejected the effort by the NonHuman Rights Project (NhRP) to employ the common law writ of habeas corpus to free an Asian elephant named “Happy” from the Bronx Zoo. In re Nonhuman Rights Project, Inc. v. Breheny, No. 52 (N.Y. June 14, 2022). The case caps a long line of baseless efforts by NhRP in New York to obtain habeas relief for animals. Continue reading “New York’s Highest Court Declares that Elephants are NOT “Legal Persons””
Ecuadorian Animal Rights Decision is Mixed Bag
Animal rights activists have pointed to a recent decision by the highest court in Ecuador — the Constitutional Court (Corte Constitucional Del Ecuador) — as a breakthrough for animal rights. As the NonHuman Rights Project (NHRP) described it, the decision “constitutes one of the most important advances in the field of animal rights and environmental law in recent years. . . . The Court’s groundbreaking ruling advances the constitutional protection of animals — ranging from the level of species to the individual animal — with their own inherent value and needs.”
Upon closer examination, the Court’s Final Judgment is not as far-reaching as has been claimed. Continue reading “Ecuadorian Animal Rights Decision is Mixed Bag”
Is California’s Dog and Cat Bill of Rights a Trojan Horse?
by Michelle C. Pardo
On February 8, 2022, California Assemblyman Miguel Santiago (D-Los Angeles) introduced Assembly Bill 1881, referred to as the Dog and Cat Bill of Rights. The purported purpose of the bill is to inform potential adopters of the care needed to create a healthy environment for their adopted pets.
While recognizing that existing animal welfare laws address animal abuse and neglect, the pet-centric Bill of Rights seeks to codify dog and cats fundamental rights and impose new duties on local public officials and organizations to post these rights so that adoptive families can be informed of pet ownership responsibilities. Continue reading “Is California’s Dog and Cat Bill of Rights a Trojan Horse?”
Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal
On December 17, 2020, a New York intermediate appellate court rejected an attempt by the animal rights organization, Nonhuman Rights Project (NhRP), to obtain habeas corpus relief for a 48-year old Asian elephant named “Happy,” who resides at the Bronx Zoo. In re Nonhuman Rights Project, Inc. v. Breheny, Case No. 2020-02581 (Sup. Ct. App. Div. 1st Dept. Dec. 17, 2020). Continue reading “Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal”
Habeas Corpus Petition For Elephant Strikes Out Again
by John M. Simpson.
The Connecticut Appellate Court recently rejected yet another attempt by the animal rights group Nonhuman Rights Project, Inc. (NHRP) to free an elephant in private ownership through the device of a petition for habeas corpus. Nonhuman Rights Project, Inc. v. R. W. Commerford & Sons, Inc., No. AC 42795 (Conn. App. May 19, 2020). Continue reading “Habeas Corpus Petition For Elephant Strikes Out Again”
New York Court Denies Habeas Petition for Bronx Zoo Elephant
by John M. Simpson.
On February 18, 2020, a trial court in Bronx County, New York, denied a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of “Happy,” a 48-year old Asian elephant residing in the Bronx Zoo. Nonhuman Rights Project v. Breheny, No. 260441/19 (N.Y. Sup. Ct., Bronx Cty. Feb. 18, 2020). The court ruled, based on binding New York precedent, that “Happy” is not a “person” for purposes of habeas corpus relief. Continue reading “New York Court Denies Habeas Petition for Bronx Zoo Elephant”
Update on Elephant Habeas Corpus Case
by John M. Simpson.
We recently reported on a case in which an animal rights group, the Nonhuman Rights Project, sought habeas corpus relief for three Asian elephants maintained in a zoo in Connecticut. The Connecticut Appellate Court affirmed the lower court’s judgment and ruled that the plaintiff had no standing because the elephants themselves had no standing. Continue reading “Update on Elephant Habeas Corpus Case”
Connecticut Appellate Court Denies Habeas Relief for Elephants
by John M. Simpson.
On August 20, 2019, a panel of the State of Connecticut Judicial Branch Appellate Court officially released a decision affirming the dismissal of an action that had been brought seeking habeas corpus relief for three elephants maintained at a zoo in Goshen, Connecticut. Nonhuman Rights Project, Inc. v. R. W. Commerford and Sons, Inc., No. AC 41464 (Conn. App. Aug. 20, 2019). The petitioner Nonhuman Rights Project sought to represent the elephants as their “next friend” seeking to vindicate what was described as the animals’ “common-law right to bodily liberty.” The lower court dismissed the case on the grounds that petitioner lacked standing and, alternatively, that the petition was “wholly frivolous.” Continue reading “Connecticut Appellate Court Denies Habeas Relief for Elephants”
9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA
by John M. Simpson.
Yesterday, in Animal Legal Defense Fund v. U.S. Department of Agriculture, et al., ___ F.3d ___, No. 18-16327 (9th Cir. Aug. 12, 2019), the U. S. Court of Appeals for the Ninth Circuit affirmed a summary judgment of the U.S. District Court for the Northern District of California holding that a Bengal tiger is not an “individual” within the meaning of the Freedom of Information Act (FOIA). The case had been brought by the Animal Legal Defense Fund (ALDF) after the U.S. Department of Agriculture (USDA) denied ALDF’s request for expedited treatment of its FOIA request for records concerning an inspection request regarding a tiger named “Tony.” Continue reading “9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA”
Court Denies Habeas Petition Filed on Behalf of Elephants
A Connecticut Superior Court Judge recently issued an opinion further elaborating on his prior decision to deny a petition for a writ of habeas corpus filed on behalf of three elephants (two Asian and one African) owned by a zoo in Connecticut. Nonhuman Rights Project, Inc. ex rel. Beulah, Minnie and Karen v. R.W. Commerford & Sons, Inc., No. LLICV175009822S, 2018 WL 3014069 (Conn. Super Ct. May 23, 2018). The action had been brought on behalf of the elephants “Beulah,” “Minnie” and “Karen” by the Nonhuman Rights Project (NHRP), arguing that the animals possessed emotional, social and intellectual attributes sufficient for common law personhood and for the common law right to the bodily liberty protected by the writ. The May 23 decision expanded upon the reasons why the court previously had found the habeas petition to be “wholly frivolous on its face.” Continue reading “Court Denies Habeas Petition Filed on Behalf of Elephants”