Court: Elephants Can't Pursue their Release from Colorado Zoo Because they're Not Human

FILE - This undated photo provided by the Cheyenne Mountain Zoo shows elephants Kimba, front, and Lucky, back, at the Zoo in Colorado Springs, Colo. (Cheyenne Mountain Zoo via AP, File)
FILE - This undated photo provided by the Cheyenne Mountain Zoo shows elephants Kimba, front, and Lucky, back, at the Zoo in Colorado Springs, Colo. (Cheyenne Mountain Zoo via AP, File)
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Court: Elephants Can't Pursue their Release from Colorado Zoo Because they're Not Human

FILE - This undated photo provided by the Cheyenne Mountain Zoo shows elephants Kimba, front, and Lucky, back, at the Zoo in Colorado Springs, Colo. (Cheyenne Mountain Zoo via AP, File)
FILE - This undated photo provided by the Cheyenne Mountain Zoo shows elephants Kimba, front, and Lucky, back, at the Zoo in Colorado Springs, Colo. (Cheyenne Mountain Zoo via AP, File)

Five elephants at a Colorado zoo may be “majestic” but, since they're not human, they do not have the legal right to pursue their release, Colorado’s highest court said Tuesday.
The ruling from the Colorado Supreme Court follows a similar court defeat in New York in 2022 for an elephant named Happy at the Bronx Zoo in a case brought by an animal rights group. Rulings in favor of the animals would have allowed lawyers for both Happy and the elephants at the Cheyenne Mountain Zoo in Colorado Springs — Missy, Kimba, Lucky, LouLou and Jambo — to pursue a long-held legal process for prisoners to challenge their detention and possibly be sent to live in an elephant sanctuary instead, The Associated Press reported.
“It bears noting that the narrow legal question before this court does not turn on our regard for these majestic animals generally or these five elephants specifically. Instead, the legal question here boils down to whether an elephant is a person as that term is used in the habeas corpus statute. And because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim,” the court said in its ruling.
The same animal rights group that tried to win Happy’s release, the Nonhuman Rights Project, also brought the case in Colorado.
The group argued that the Colorado elephants, born in the wild in Africa, have shown signs of brain damage because the zoo is essentially a prison for such intelligent and social creatures, known to roam for miles a day. It wanted the animals released to one of the two accredited elephant sanctuaries in the United States because the group doesn’t think they can no longer live in the wild.
The zoo argued moving the elephants and potentially placing them with new animals would be cruel at their age, possibly causing unnecessary stress. It said they aren’t used to being in larger herds and, based on the zoo's observations, the elephants don’t have the skills or desire to join one.
In a statement, the Nonhuman Rights Project said the latest ruling "perpetuates a clear injustice” and predicted future courts would reject the idea that only humans have a right to liberty.
“As with other social justice movements, early losses are expected as we challenge an entrenched status quo that has allowed Missy, Kimba, Lucky, LouLou, and Jambo to be relegated to a lifetime of mental and physical suffering,” it said.



Humpback Whale Briefly Swallows Kayaker in Chilean Patagonia

A humpback whale jumps in the Uramba Bahia Malaga National Natural Park in Colombia, Aug. 12, 2018. (AFP via Getty Images)
A humpback whale jumps in the Uramba Bahia Malaga National Natural Park in Colombia, Aug. 12, 2018. (AFP via Getty Images)
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Humpback Whale Briefly Swallows Kayaker in Chilean Patagonia

A humpback whale jumps in the Uramba Bahia Malaga National Natural Park in Colombia, Aug. 12, 2018. (AFP via Getty Images)
A humpback whale jumps in the Uramba Bahia Malaga National Natural Park in Colombia, Aug. 12, 2018. (AFP via Getty Images)

A humpback whale briefly swallowed a kayaker off Chilean Patagonia before quickly releasing him unharmed. The incident, caught on camera, quickly went viral as one of the most remarkable footage in Chile in recent years.

Last Saturday, Adrián Simancas was kayaking with his father, Dell, in Bahía El Águila near the San Isidro Lighthouse in the Strait of Magellan when a humpback whale surfaced, engulfing Adrián and his yellow kayak for a few seconds before letting him go.

Dell, just meters away, captured the moment on video while encouraging his son to stay calm.

“Stay calm, stay calm,” he can be heard saying after his son was released from the whale’s mouth.

“I thought I was dead,” Adrián told The Associated Press. “I thought it had eaten me, that it had swallowed me.”

He described the “terror” of those few seconds and explained that his real fear set in only after resurfacing, fearing that the huge animal would hurt his father or that he would perish in the frigid waters.

Despite the terrifying experience, Dell remained focused, filming and reassuring his son while grappling with his own worry.

“When I came up and started floating, I was scared that something might happen to my father too, that we wouldn’t reach the shore in time, or that I would get hypothermia,” Adrián said.

After a few seconds in the water, Adrián managed to reach his father’s kayak and was quickly assisted. Despite the scare, both returned to shore uninjured.

Located about 1,600 miles (3,000 kilometers) south of Santiago, Chile’s capital, the Strait of Magellan is a major tourist attraction in the Chilean Patagonia, known for adventure activities.

Its frigid waters pose a challenge for sailors, swimmers and explorers who attempt to cross it in different ways.

Although it’s summer in the Southern Hemisphere, temperatures in the region remain cool, with minimums dropping to 39 degrees Fahrenheit (4 degrees Celsius) and highs rarely exceeding 68 degrees Fahrenheit (20 degrees Celsius.)

While whale attacks on humans are extremely rare in Chilean waters, whale deaths from collisions with cargo ships have increased in recent years, and strandings have become a recurring issue in the last decade.