(COLORADO SPRINGS) — A lawsuit against the Cheyenne Mountain Zoo (CMZoo) petitioning for the release of its elephants has been dismissed by a district judge, who said the Nonhuman Rights Project (NHRP) had no legal case against the zoo.
The lawsuit, filed in July by the NHRP, demanded the release of five elephants living at the zoo–Missy, Kimba, Lucky, LouLou, and Jambo–based on claims that the elephants were showing signs of stress. Those claims were refuted by the zoo, which has been working with former Mayor John Suthers’ law firm for the past five months to defend itself against the accusations.
According to a press release from CMZoo, a 4th Judicial District Court Judge denied the NHRP’s petition on Dec. 3, and sided with the zoo and its right to care for the elephants in their home, stating that even if the court were to accept every fact brought forth as truthful, the NHRP still would not have a legal case against the zoo.
“This is not just a technicality,” said 4th Judicial District Court Judge Eric Bentley in his ruling. “There is a legitimate question in this case as to who properly speaks for the elephants… the NHRP, which represents that it wants to improve their lives by moving them to an accredited elephant sanctuary, or the Zoo, which has fed them, nurtured them, and taken care of them for many years. It appears to be the Zoo, and not the NHRP, that has the more significant relationship with Missy, Kimba, Lucky, LouLou, and Jambo.”
CMZoo stated that, while the dismissal is a victory for the zoo, it is likely not the last the organization will see of the NHRP, as an appeal has been filed with the Colorado Court of Appeals. The zoo is also facing significant legal fees, after the court denied the zoo’s request for attorney’s fees.
“While it is a relief to get over this first hurdle, it is sad to know that we will continue to pay significant legal fees to further defend ourselves after this group has lost so many times and wasted so much of the court’s and four different accredited zoos’ time,” said Bob Chastain, president and CEO of Cheyenne Mountain Zoo. “This out-of-state group makes money off of our distraction from our mission of saving animals from extinction.”
CMZoo argues that this lawsuit, which it called frivolous, was nothing more than a fundraising tactic by the NHRP, and an attempt to change Colorado law. Now the zoo said it must use some of its resources, which might be better put to use caring for animals, toward legal fees.
Judge Bentley lamented the same sentiment in his ruling:
“It is unfortunate that this case pits two organizations against each other that perhaps ought to be on the same side… the role of zoos has evolved, and today zoos, including the Cheyenne Mountain Zoo, play a leading role in wildlife conservation efforts and education.”
