Law professors urge Colorado Supreme Court to release Cheyenne Mountain Zoo elephants to sanctuary

Two dozen law professors from across the U.S. and Canada have written in support of a case seeking the release to sanctuary of five elephants at Cheyenne Mountain Zoo in Colorado Springs.

On Tuesday, the Animal Activist Legal Defense Project at University of Denver Sturm College of Law filed an amicus brief in the Colorado Supreme Court on behalf of the 24 law professors.

The case was initially filed by the Nonhuman Rights Project on behalf of the elderly elephants at the zoo. It was dismissed by the 4th Judicial District in Colorado Springs in December.

An appeal has been filed by the Nonhuman Rights Project.

In the letters, the law professors argued that elephants are legal persons entitled to challenge their captivity through a writ of habeas corpus.

The zoo stands by their original response to the lawsuit.

“We’re working hard not to waste even more valuable resources that we feel are better used supporting our animals’ care and conservation, including the more than $5 million we have raised for frontline conservation projects and partners, through admissions and memberships at the Zoo,” public relations and social media manager Rachel Wright stated in an email. “Our legal team is managing the legal side, and we’re trying to limit the additional resources we have to waste addressing things like this opinion, so we can stay focused on the good work that we do.”

Judge dismisses petition seeking ‘personhood’ status, relocation of Cheyenne Mountain Zoo elephants

The zoo published a response on its website Dec. 5 following the dismissal of the lawsuit.

In the response, Cheyenne Mountain Zoo President and CEO Bob Chastain stated, “While this is a victory in this frivolous case against a community treasure, where more than 800,000 people come every year to enjoy time with each other in the presence of some of the world’s most inspiring creatures, there is likely more to come from this small group of extremists, who are clearly using this as a fundraising tactic and to change Colorado law.”

The amicus brief’s purpose is to urge Colorado’s Supreme Court to overturn the district court decision.

The brief by the animal activist law group argues that certain animals are already legal persons, and entitled to challenge their confinement as unlawful.

The state of Colorado recognizes animals’ right to adequate food, water, shelter and to be free of unnecessary pain and suffering. Alongside those laws, The Traveling Animal Protection Act bans the use of certain wild animals, including elephants, in entertainment performances in circuses and traveling shows in Colorado.

According to a news release sent by the Sturm College of Law, experts who have observed the elephants and submitted declarations in the case claim that each of the elephants at CMZ display signs of extreme psychological distress, trauma and even brain damage.

LouLou, left, and Missy, right, two of six aging female African elephants, referred to as “the golden girls,” munch on leaves and hay in Encounter Africa at Cheyenne Mountain Zoo on Sept. 15, 2022. (Parker Seibold, Gazette file)
LouLou, left, and Missy, right, two of six aging female African elephants, referred to as “the golden girls,” munch on leaves and hay in Encounter Africa at Cheyenne Mountain Zoo on Sept. 15, 2022. (Parker Seibold, Gazette file)

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