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A4   U.S. NEWS
                   Wednesday 15 June 2022
            Bronx Zoo elephant named Happy isn't a person, court rules


            By MICHAEL HILL                                                                                                     live her life."
            Associated Press                                                                                                    "Her  captivity  is  inherently
            ALBANY, N.Y.  (AP)  — Hap-                                                                                          unjust  and  inhumane.  It  is
            py  the  elephant  may  be                                                                                          an affront to a civilized so-
            intelligent and deserving of                                                                                        ciety,  and  every  day  she
            compassion,  but  she  can-                                                                                         remains  a  captive  —  a
            not  be  considered  a  per-                                                                                        spectacle  for  humans  —
            son being illegally confined                                                                                        we,  too,  are  diminished,"
            to the Bronx Zoo, New York's                                                                                        Rivera wrote.
            top court ruled Tuesday.                                                                                            The  ruling  from  New  York's
            The 5-2 decision by the state                                                                                       highest  court  cannot  be
            Court of Appeals comes in                                                                                           appealed.
            a  closely  watched  case                                                                                           The Nonhuman Rights Proj-
            that tested the boundaries                                                                                          ect  has  failed  to  prevail
            of applying human rights to                                                                                         in  similar  cases,  including
            animals.                                                                                                            those involving a chimpan-
            The  zoo  and  its  supporters                                                                                      zee  in  upstate  New  York
            warned  that  a  win  for  ad-                                                                                      named Tommy.
            vocates at the Nonhuman                                                                                             Steven  Wise,  the  group's
            Rights  Project  could  open                                                                                        founder,   said   he   was
            the door to more legal ac-                                                                                          pleased it managed to per-
            tions on behalf of animals,                                                                                         suade some of the judges.
            including  pets,  farm  ani-                                                                                        He  noted  that  the  group
            mals  and  other  species  in                                                                                       has  a  similar  case  under-
            zoos.                                                                                                               way in California and more
            The court's majority echoed                                                                                         planned in other states and
            that point.                  Bronx Zoo elephant "Happy" strolls inside the zoo's Asia Habitat in New York on Oct. 2, 2018.   other countries.
            The  decision  written  by                                                                         Associated Press  "We will take a really close
            Chief  Judge  Janet  DiFiore                                                                                        look  at  why  we  lost  and
            said that "while no one dis-  proceeding, which is a way  the use of service animals,  complex  elephant  worthy  we'll  try  to  make  sure  that
            putes  that  elephants  are  for people to challenge ille-  and  the  enlistment  of  ani-  of the right reserved in law  that doesn't happen again
            intelligent beings deserving  gal  confinement.  Granting  mals in other forms of work,"  for "a person."           to the extent that we can,"
            of  proper  care  and  com-  that right to Happy to chal-  read the decision.          Two  judges,  Rowan  Wilson  he said.
            passion,"  a  writ  of  habeas  lenge her confinement at a  The Bronx Zoo argued Hap-  and  Jenny  Rivera,  wrote  Happy was born in the wild
            corpus  is  intended  to  pro-  zoo  "would  have  an  enor-  py is neither illegally impris-  separate,  sharply  worded  in  Asia  in  the  early  1970s,
            tect  the  liberty  of  human  mous  destabilizing  impact  oned  nor  a  person,  but  a  dissents  saying  the  fact  captured  and  brought  as
            beings and does not apply  on  modern  society,"  read  well-cared-for      elephant  that  Happy  is  an  animal  a  1-year-old  to  the  United
            to a nonhuman animal like  the majority decision.         "respected  as  the  magnifi-  does not prevent her from  States.  Happy  arrived  at
            Happy.                       "Indeed, followed to its logi-  cent creature she is."    having  legal  rights.  Rivera  the  Bronx  Zoo  in  1977  with
            The decision affirms a lower  cal conclusion, such a de-  The  advocates  at  the  wrote  that  Happy  is  being  fellow  elephant  Grumpy,
            court  decision  and  means  termination would call into  Nonhuman  Rights  Project  held  in  "an  environment  who  was  fatally  injured  in
            Happy will not be released  question the very premises  argued  that  Happy  is  an  that is unnatural to her and  a  2002  confrontation  with
            through  a  habeas  corpus  underlying  pet  ownership,  autonomous,      cognitively  that  does  not  allow  her  to  two other elephants.q

            Native children's remains to be moved from Army cemetery



                                                                      died  at  a  government-run  and 1918, including famous  ster,  plan  to  make  the  trip
                                                                      boarding school at the Car-  Olympian Jim Thorpe.         to Carlisle later this month.
                                                                      lisle Barracks, with the chil-  "If  you  survived  this  experi-  Webster  said  her  own  fa-
                                                                      dren's closest living relatives  ence and were able to go  ther ran away from a similar
                                                                      poised to take custody.      back  home,  you  were  a  boarding school in Wiscon-
                                                                      The  disinterment  process,  stranger. You couldn't even  sin when he was 12.
                                                                      which  began  over  the  speak  the  language  your  "It was like a a prison camp,
                                                                      weekend, is the fifth at Car-  parents  spoke,"  said  Rae  what  they  were  putting
                                                                      lisle  since  2017.  More  than  Skenandore, of the Oneida  these little kids in," Webster
                                                                      20  sets  of  Native  remains  Nation in Wisconsin. She is a  said.  "It's  a  part  of  our  his-
                                                                      were  transferred  to  family  relative  of  Paul  Wheelock,  tory  that's  really  traumatic
                                                                      members in earlier rounds.   one of the children whose  and  still  affects  the  com-
                                                                      The  children  had  lived  at  remains will be disinterred.  munity today."
                                                                      the Carlisle Indian Industrial  The off-reservation govern-  The  children  to  be  dis-
                                                                      School,  where  thousands  ment  boarding  schools  —  interred  came  from  the
                                                                      of  Native  children  were  Carlisle  was  the  first,  with  Washoe,     Catawba,
            A headstone is seen at the cemetery of the U.S. Army's Carlisle   taken  from  their  families  24  more  that  followed  —  Umpqua, Ute, Oneida and
            Barracks, Friday, June 10, 2022, in Carlisle, Pa.         and  forced  to  assimilate  "ripped  apart  tribes  and  Aleut  tribes.  The  sex  and
                                                     Associated Press  to white society as a mat-  communities  and  families,"  approximate  age  of  each
                                                                      ter  of  U.S.  policy  —  their  said  Skenandore,  adding  child  will  be  verified,  ac-
            By MICHAEL RUBINKAM          grounds  of  the  U.S.  Army  hair  cut  and  their  cloth-  she lost part of her own cul-  cording to Renea Yates, di-
            Associated Press             War  College.  Now  they're  ing,  language  and  culture  ture and language as a re-  rector of the Office of Army
            CARLISLE,  Pa.  (AP)  —  For  heading home.               stripped. More than 10,000  sult. "I don't know if we can  Cemeteries,  with  archeo-
            more  than  a  century  they  The  Army  began  disinterr-  children  from  more  than  ever forgive."              logical  and  anthropologi-
            were buried far from home,  ing the remains of eight Na-  140  tribes  passed  through  She   and   her   mother,  cal  support  from  the  U.S.
            in a small cemetery on the  tive American children who  the  school  between  1879  83-year-old  Loretta  Web-      Army Corps of Engineers.q
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