Elephants can’t sue to leave zoo, court rules
In a major blow for animal rights activists, a court has ruled that an elephant at a zoo in the United States cannot sue for its freedom, citing a lack of constitutional standing.
Thomas, a 34-year-old Asian elephant, has been living at the Sedgwick County Zoo in Wichita, Kansas for the past 20 years. In 2020, the animal rights group The Humane Society sued on behalf of Thomas, arguing that keeping the elephant in captivity was cruel and violating the 13th Amendment, which prohibits involuntary servitude.
The U.S. District Court for the District of Kansas dismissed the lawsuit, ruling that Thomas, as a non-human entity, did not have the legal standing to bring a constitutional challenge.
In the ruling, the court said that the 13th Amendment prohibits only the use of humans as property, and that Thomas, as a non-human, was not a legitimate plaintiff. The court also held that Thomas’s owners, the Sedgwick County Zoo, had not deprived the elephant of its “freedom” as required by the 13th Amendment.
The decision has been met with disappointment from animal rights activists, who had hoped the lawsuit would pave the way for greater protections for animals in captivity.
“While we are disappointed by the court’s decision, we will continue to advocate for the welfare of animals in captivity and push for reforms that prioritize their well-being,” said Erich Saeman, a lawyer who represented The Humane Society in the case.
The USDA, which regulates animal welfare at the federal level, has launched an investigation into the treatment of Thomas at the Sedgwick County Zoo, but the results of that probe have not been made public.