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The fight to free Happy

Monica Miller

Happy

Happy is a female Asian elephant who was born in the wild in 1971. “Captured as a baby, probably from Thailand, in the early 1970s, along with six other calves, possibly from the same herd,” according to The New York Times, she was imported to the US and sold for $800 to the now defunct Lion Country Safari in California, which named the calves after the dwarves in Snow White and the Seven Dwarves. That same year, Sleepy died, and the corporation relocated Happy, Grumpy, Sneezy, Doc, Dopey, and Bashful to the still operational The Lion Country Safari in Florida.

In 1977, the proprietors relocated all six elephants to circuses and zoos across the US. Happy and Grumpy were sent to the Bronx Zoo (managed by the Wildlife Conservation Society, formerly the New York Zoological Society) to be part of the newly created Wild Asia Monorail exhibit (then called the Bengali Express Monorail). There, in addition to displaying the elephants, the zoo, through the 1980s, compelled them to give rides, participate in tug-of-war contests, and perform tricks, as publicized by The New York Times (“Fordham’s Rams Defeat Zoo’s Elephant in Bronx,” “Two-Day Party in Celebration of Elephants at Bronx Zoo”) and The New Yorker (“Elephant Extravaganza”). Of Happy’s demeanor and role in these purportedly educational shows, the elephants’ “low-key, no nonsense trainer” said: “Happy is a more physical elephant than anything I’ve ever seen … Most people, when they train elephants, cats, horses or whatever, usually turn them loose and just watch them for hours. Then you can figure what trick to put on each elephant. Happy runs more, she moves more, she’s rougher. That’s why I put all the physical tricks on her: the hind-leg stand, the sit-up.”

In 2002, the Bronx Zoo euthanized Grumpy after she was attacked by two other elephants held in captivity there. The zoo separated Happy from Patty and Maxine and introduced a younger female Asian elephant named Sammie to be Happy’s companion.

In 2005, Happy became the first elephant to “pass” the mirror self-recognition test, considered to be an indicator of self-awareness.

That same year, the Bronx Zoo euthanized Sammie after she suffered kidney failure. Shortly after, the zoo announced it would end its captive elephant program once one or more of the elephants had died: “If two die, officials say it would be inhumane to sustain an exhibit with a single elephant.”

From 2006 to the present, to protect Happy from the other elephants and with assurances from zoo director Jim Breheny that Happy is sufficiently happy where she is, “The Bronx Zoo’s Loneliest Elephant” has lived alone, without a true elephant companion, in a rotating portion of the 1.15-acre exhibit. According to The New York Post, “Happy spends most of her time indoors in a large holding facility lined with elephant cages, which are about twice the length of the animals’ bodies. The public never sees this.”

In November of 2018, Maxine died, leaving Patty and Happy each alone in the exhibit.

Monica Miller

Happy’s attorney before New York’s highest court

Monica is a highly experienced lawyer who’s been with the NhRP for over a decade. She’s one of the youngest women to argue before the US Supreme Court. She argued for Happy’s right to liberty before the New York Court of Appeals in a hearing covered by media around the world.

Who's joined us in the fight

Amicus support

In addition to the affidavits submitted by elephant cognition and behavior experts at the outset of our litigation, the NhRP’s legal fight for Happy’s freedom has gained the support of experts on habeas corpus, animal law, philosophy, religion, and more.

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Highlights from the fight

Legal firsts and obstacles overcome
12.14.18

Happy becomes the first elephant to have habeas hearings

2.19.20

Bronx Supreme Court issues decision following three days of hearings

5.18.22

New York Court of Appeals becomes first US state high court to hear an animal rights case

6.14.22

Two judges write powerful dissents in support

"[Happy's case] is not just about the cause of one poor elephant. It is about the cause of liberty.”
Steven M. Wise
NhRP President
"[Happy] is an intelligent, autonomous being who should be treated with respect and dignity, and who may be entitled to liberty."
Alison Y. Tuitt
Bronx Supreme Court Justice
"A gilded cage is still a cage."
Jenny Rivera
Court of Appeals Judge
Happy the elephant wraps her trunk around the fencing of her enclosure in the Bronx Zoo's elephant exhibit.
"We should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society."
Rowan Wilson
Court of Appeals Judge

Media coverage

Recommended stories on the legal fight to free Happy
The Atlantic
“The most important animal-rights case of the 21st century revolves around an unlikely subject.”
NY Times
“The real point is whether [nonhuman animals] are beings with a complex sense of their own selves.”
Tortoise Media
“[This story is] about how we live with animals, what we do to them and what they are entitled to expect from us.”

A timeline of Happy’s case

Status: Case concluded

10.2.18

The NhRP files a petition for a common law writ of habeas corpus in the New York Supreme Court, Orleans County, demanding recognition of Happy’s legal personhood and fundamental right to bodily liberty and her release to an elephant sanctuary. In a supplemental affidavit submitted with the petition, elephant expert Joyce Poole writes: “Active more than 20 hours each day elephants move many miles across landscapes to locate resources to maintain their large bodies, to connect with friends and to search for mates. Elephants have evolved to move. Holding them captive and confined prevents them from engaging in normal, autonomous behavior and can result in the development of arthritis, osteoarthritis, osteomyelitis, boredom and stereotypical behavior. Held in isolation elephants become bored, depressed, aggressive, catatonic and fail to thrive. Human caregivers are no substitute for the numerous, complex social relationships and the rich gestural and vocal communication exchanges that occur between free-living elephants.” Read and download our petition; our Memorandum of Law; and affidavits submitted by Lucy Bates (Honorary Research Fellow, School of Psychology & Neuroscience, University of St Andrews) and Richard W. Byrne (Research Professor, School of Psychology and Neuroscience, Center for Social Learning & Cognitive Evolution, University of St Andrews) [JOINT 1 and 2], Karen McComb (Professor of Animal Behaviour & Cognition, University of Sussex), Cynthia Moss (Program Director and Trustee, Amboseli Trust for Elephants), Joyce Poole (Co-founder and Co-director, ElephantVoices) [ORIGINAL + SUPPLEMENTAL], and Ed Stewart (President & Co-Founder, Performing Animal Welfare Society). Read our press release here.

10.9.18

The Wildlife Conservation Society (which manages the Bronx Zoo) files a Memorandum of Law in opposition to the Order to Show Cause. Bronx Zoo Director Jim Breheny files an accompanying affidavit.

10.11.18

The NhRP files a Motion to Strike in response to the Wildlife Conservation Society’s improper filing of its Memorandum, which seeks to prematurely litigate some of the issues the NhRP raises in our petition and Memorandum.

10.25.18

The NhRP files a motion with the New York Supreme Court, Orleans County, asking the Court to rule by Nov. 30th or immediately thereafter on our petition. As detailed in the Memorandum of Law that accompanies our Motion to Rule, “the NhRP respectfully submits that it is entitled [under New York law] to a prompt ruling by this Court on whether it will issue the Order to Show Cause so that Happy’s ongoing unlawful imprisonment may be addressed ‘without delay.’” Nov. 30 is the return date set by the court on the NhRP’s other pending motions. Read the Motion and Memorandum of Law here.

Amicus Support

Eighteen amicus briefs by a total of 146 people or groups have been filed with the Court of Appeals in support of Happy’s habeas petition. Together they show the breadth and depth of support for the legal fight for Happy’s right to liberty and release to a sanctuary.
Amicus Support for the Fight to #FreeHappy
Happy the elephant wraps her trunk around the fencing of her enclosure in the Bronx Zoo's elephant exhibit.

Relevant legislation about Happy

A ban on the keeping, restraint, or possession of elephants

United States, New York
New York
Learn More

The clients we advocate for

Under animal welfare laws, there's nothing illegal about how our clients are forced to live. To be free, they need the right to liberty. Read their stories.

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