HONOLULU (HawaiiNewsNow) – The Hawaii Supreme Court heard arguments Monday over whether the Honolulu Zoo\u2019s elephants have the human right against illegal incarceration.<\/p>\n
The zoo\u2019s elephants, Vaigai and Mari, are 40 and 51 years old. <\/p>\n
The case is part of a national movement to give elephants rights similar to those of people when it comes to their confinement.<\/p>\n
Arguments over confinement<\/p>\n
The 15-year-old, 2\u00bd-acre enclosure includes two deep swimming pools and separate housing areas.<\/p>\n
Animal welfare organizations consider the enclosure inadequate. <\/p>\n
Attorneys for the Nonhuman Rights Project argue the elephants are intelligent, self-aware and autonomous. They argue the elephants are entitled to protection under wrongful detention laws that have never been applied to animals.<\/p>\n
\u201cThey were born to be free. They were born to thrive, and they have been relegated to some of the harshest conditions of any zoo in America,\u201d Jake Davis of the Nonhuman Rights Project said.<\/p>\n
City and zoo respond<\/p>\n
Patricia Sendao, deputy county corporation counsel, argued against the claim.<\/p>\n
\u201cIt\u2019s a sweeping pronouncement that fundamentally alters our laws regarding animal welfare and habeas relief,\u201d Sendao said.<\/p>\n
The city attorneys argued the concept has been rejected by multiple courts and that other laws and rules protect zoo animals.<\/p>\n
John Berry,\u2028Honolulu Zoo director, said in a letter, \u201cThe welfare of our two precious Asian elephants has been and will remain one of the highest priorities of the Honolulu Zoo. Our keepers and veterinarians work tirelessly to care for their physical and mental health.\u201d<\/p>\n
Justices question precedent<\/p>\n
The Supreme Court held oral arguments on the case before hundreds of high school students from multiple schools on the Punahou School campus.<\/p>\n
The justices expressed concern about the precedent of giving animals a right to liberty.<\/p>\n
\u201cDon\u2019t octopuses have autonomy? Are you going to at least limit it to mammals, or are you talking about reptiles, amphibians, insects? What are we talking about?\u201d Justice Sabrina McKenna said.<\/p>\n
Justices cite expanded civil rights<\/p>\n
The justices pointed out that the court has expanded civil rights for same-sex couples and for a safe climate. They also said Hawaii regards nature in its own way.<\/p>\n
\u201cHawaiian culture is that living things are our relatives. We are not dominating beasts,\u201d McKenna said.<\/p>\n
Justice Todd Eddins brought up a cartoon to ask whether intelligent, but non-human aliens could be legally detained.<\/p>\n
\u201cIn the sixth season of \u2018The Flintstones,\u2019 there was a character called the \u2018Great Gazoo.\u2019 The Great Gazoo was an alien,\u201d Eddins said.<\/p>\n
Sendao responded that was a question for the legislature.<\/p>\n
\u201cWe would want the people of Hawaii to opine on a fundamental, monumental shift in our relationship to living things on this planet, in this universe in your example,\u201d Sendao said.<\/p>\n
Zoo visitors weigh in<\/p>\n
Vaigai and Mari walked around their enclosure Monday afternoon as visitors from Wisconsin watched. The visitors said the elephants looked happy.<\/p>\n
\u201cIt was pretty exciting. We\u2019ve never seen an elephant before. Oscar is super excited as well,\u201d visitor Jordan Smith said of her baby boy.<\/p>\n
\u201cThere shouldn\u2019t be a reason not to educate people and have them around so people can be educated about elephants and that kind of thing,\u201d visitor Nick Smith said.<\/p>\n
What happens next<\/p>\n
If the elephant advocates prevail, Mari and Vaigai would be entitled to a hearing on whether their detention was illegal or cruel.<\/p>\n
It is not clear how long the Supreme Court will take to decide the case.<\/p>\n
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