Hawaii Supreme Court to hear case regarding Honolulu Zoo elephants
HONOLULU (HawaiiNewsNow) – Two elephants at the Honolulu Zoo are getting their day in court.
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A case was brought to the Hawaii Supreme Court by the Nonhuman Rights Project, a national civil rights organization that works to secure rights for animals.
Attorneys are arguing on behalf of Mari and Vaigai, two Asian elephants who were born in the wild but have spent decades at the Honolulu Zoo.
“This is a historic moment for Mari and Vaigai and for the broader effort to secure fundamental legal rights for animals,” said Jake Davis, Senior Staff Attorney at the NhRP and lead counsel in the case.
The Hawaii Supreme Court will review a lower court’s decision and hear oral arguments about the legality of the elephants’ confinement.
According to NhRP, Mari has been at the Honolulu Zoo since 1982, and Vaigai was brought there in 1992.
Lawyers assert that the law should protect elephants as a common law writ of habeas corpus, a legal principle typically used to challenge unlawful detention or confinement.
The NhRP argues elephants are autonomous beings with complex cognitive, emotional, and social aptitudes and should therefore be entitled to legally protected bodily liberty.
“Mari and Vaigai have spent decades deprived of their freedom,” Davis said. “We look forward to presenting their case before Hawaii’s highest court and demonstrating why the common law should protect their fundamental interest in liberty.”
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In April, the NhRP filed its application for certiorari, which means they requested that the case be elevated to the Supreme Court, after the state’s Intermediate Court of Appeals affirmed a decision to dismiss the case.
The Hawaii Supreme Court’s decision to hear the appeal could possibly set the stage for similar animal autonomy cases in other states.
“By agreeing to hear this case, the Hawaii Supreme Court has recognized the significance of the legal questions presented,” Davis said.
A date for oral argument has not yet been scheduled.
According to the World Wildlife Fund, Asian elephants are a vulnerable species, considered to be critically endangered.
The WWF says they are extremely social animals, known to stick together in groups and form lifelong bonds.
Honolulu Zoo Director John Berry responded to the supreme court case saying, “While we are unable to comment on pending litigation, we want to emphasize our commitment to exceptional elephant care, as exemplified by the work of our dedicated team of professional keepers and veterinarians, who work diligently to provide the highest standard of care to our two elephants, Mari and Vaigai, including providing meaningful enrichment that encourages natural behaviors, stimulates curiosity, and supports their overall well-being.
“Mari and Vaigai have been together at the Honolulu Zoo for 34 years and have thrived under our care in Honolulu’s tropical environment, which most closely matches their home environment.
“We are fully committed to ensuring they continue to receive exceptional care and support, which includes our most recent project aimed at refreshing and expanding their exhibit.”
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