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Should animals have human rights? Hawai‘i court to decide
The petition says the elephants’ 1.5-acre exhibit is too small and asks the court to let them move to sanctuary.
The Hawai'i Supreme Court has agreed to hear a lawsuit seeking to liberate elephants Mari and Vaigai from the Honolulu Zoo to a sanctuary, arguing their captivity constitutes a "profound injustice."
Seeking legal personhood for the animals, the Nonhuman Rights Project argues they deserve a right to freedom, having litigated unsuccessfully in other states before targeting Hawai'i's more amenable legal landscape.
Attorney Jake Davis claims the enclosure is "especially insidious" due to hard ground and busy streets, while Honolulu Zoo Director John Berry maintains staff provide "meaningful enrichment that encourages natural behaviors" for the two elephants.
Circuit Court Judge Gary Chang determined that elephants, despite being "magnificent, highly intelligent beings," fail to meet state definitions of persons, with appeals judges suggesting attorneys lobby the legislature to change the law.
Oral arguments have not yet been scheduled but could occur this fall; if successful, the legal battle could have implications for many other captive animals across the islands, from tigers and lions to penguins and dolphins.
HAWAI- Kelden and Kalehua Lee, residents of Big Island, were walking near the elephant enclosure of the Honolulu Zoo with their little daughter on Monday when they learned that the elephant case will soon be brought before the Hawaiian Supreme Court.The legal battle will determine whether the Asian elephants Mari and Vaigai, who have lived in that compound of approximately 0.6 hectares (1.5 acres) for more than 30 years, remain there or are tran…