Animal rights activists protest for elephants ahead of Colorado Supreme Court hearing

DENVER ( KDVR ) — Activists rallied on Sunday in Denver ahead of an Oct. 24 hearing with the Colorado Supreme Court, arguing that five elephants currently housed by the Cheyenne Mountain Zoo should be released to a sanctuary.

The rally was held at Lincoln Veterans Memorial Park by the Nonhuman Rights Project on Oct. 6, where activists called for the elephants’ freedom. The group says that the upcoming hearing will determine whether elephants have a right to liberty.

The zoo has continued to argue that it takes “excellent care” of the five elephants: Jambo, Missy, LouLou, Kimba and Lucky.

“The (Nonhuman Rights Project’s) case is not about our elephant care,” the zoo said in a statement released to FOX31. “Their goal is to establish a court precedent granting habeas corpus to any animal. Our elephants are just the next target on their list of failed attempts.”

The Nonhuman Rights Project argues that this case is “the first of its kind in Colorado and the region” and “is supported by experts in elephant cognition and behavior, habeas corpus, philosophy, civil rights, and animal law.”

The group also says the elephants are “exhibiting troubling behaviors caused by chronic stress and trauma.”

“Since their first few years in this world, these elephants have known very little beyond the terror of being kidnapped from their matriarchal herds and a life relegated to one behind bars for human entertainment and amusement,” said attorney Jake Davis in a Facebook video . He will represent the Nonhuman Rights Project before the Colorado Supreme Court.

The zoo called the group an “out-of-state extreme animal rights organization” that it said is known for “wasting credible organizations’ time and money with frivolous and misguided lawsuits.” According to the Nonhuman Rights Project website , the organization is based out of Washington, D.C.

“Because our community is smart and capable of seeing through their sensationalism, let’s lay out how absurd their legal position is and let’s call this what it is … a fundraising act playing off people’s love of animals, complete with a publicity stunt in Denver this weekend,” the Cheyenne Mountain Zoo said in its statement.

The zoo went on to explain it is accredited by the Associations of Zoos and Aquariums and noted that recent legislation that banned elephants from traveling circuses expressly permitted elephants to be sheltered in accredited zoos.

“Now, the district court, the first court to hear this case, recognized the injustice of this case,” Davis said in the Nonhuman Rights Projects’ video. “And it agreed with us that the elephants are not being treated with the dignity befitting their species. But it refused to do what it was required to do by law and grant them relief because it said as elephants, its hands were tied.

“Well, that’s arbitrary, that’s irrational, that just lacks foundation,” he continued. “It’s morally and ethically bankrupt, and we’re hopeful the Supreme Court will see past the district court’s ultimate reasoning.”

“By definition, this means our elephants are not unlawfully detained, which is the basis of (Nonhuman Rights Project’s) frivolous lawsuit — and a direct disregard of the important protections our state legislators have put in place,” the zoo argued.

The zoo also noted that it:

• Consistently ranks as a top-five zoo in the nation by popular vote
• Recently raised $5 million for frontline conservation efforts, including over a million dollars for African elephants.
• Is nationally recognized as a leader in animal care and conservation, with nearly 50 years of AZA accreditations
• CMZoo was only the fourth organization to earn a ‘clean’ report from AZA, “which means there wasn’t a single major or minor concern reported – including in the strenuous review of our elephant care program,” the zoo said.

The zoo said its elephant care team knows each elephant’s needs and tailors care and exercise programs based on their needs and preferences.

“Suggesting they’d be better off at a sanctuary is simply incorrect,” the Cheyenne Mountain Zoo said. “Popular opinions about what’s considered best for elephants in general are not what’s best for Jambo, Missy, LouLou, Kimba or Lucky.”

The zoo said it’s tried to implement a variety of group settings, but the elephants have not wanted to be in those settings.

“(W)e do not force them to share direct space with other elephants when they have shown us they don’t want that,” the zoo said.

The zoo said it plans to argue to the Colorado Supreme Court that habeas corpus is a legal protection for humans. When a human cannot assert a writ of habeas corpus, a court-recognized “next friend” can file a writ of habeas corpus on behalf of another human.

“When this case was dismissed in El Paso County District Court, the judge reasoned that between the Zoo and NhRP, it was clear NhRP was not a ‘next friend’ of our elephants, and if anyone had earned that right, it was Cheyenne Mountain Zoo,” the zoo stated. “Another requirement of habeas corpus is that the benefitting party will ‘go free.’ Our elephants cannot ‘go free,’ because they cannot survive without human care and medical attention.”

The previous ruling was handed down in December 2023 .

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