California City Becomes First To Legalize Rights Of Elephants

Topline

Ojai, a city in southern California, passed an ordinance this week to become the first city in the nation to recognize the legal rights of a nonhuman animal: the elephant.

The legislation was sparked by an elephant who was used for entertainment purposes in the 1980s in … [+] Ojai.

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Key Facts

The Ojai City Council passed an ordinance Tuesday that defines and protects elephants’ right to liberty and prevents any person from stopping elephants from exercising their right to liberty.

The ordinance was developed by a council member and the Nonhuman Rights Project, a nonprofit organization that develops legislation and takes legal action to advocate for the rights of animals they believe belong out of captivity.

The 4-1 vote means elephants in Ojai cannot be held captive unless the space is comparable to an accredited sanctuary.

There are no zoos or sanctuaries in Ojai currently.

Key Background

The unusual legislation is the result of an elephant who was used for entertainment in the 1980’s in the southern Californian city. An elephant named Tarra was used to entertain people in the 1980’s, including in an act where she rode roller skates, according to the Nonhuman Rights Project. Years later, in 1995, she was moved to The Elephant Sanctuary in Tennessee and became its first resident.

Tangent

The Nonhuman Rights Project is working at the state and county level to “demand recognition of the legal personhood and fundamental right to bodily liberty” of a number of species including great apes, elephants, dolphins and whales that the nonprofit says are held in captivity throughout the U.S. Jane Goodall is among the members of the organization’s board working toward that goal. Earlier this summer, for example, the nonprofit filed a petition in Colorado arguing that five elephants housed at the Cheyenne Mountain Zoo in Colorado Springs, Colorado, had the right to liberty and should be released to a sanctuary.

Crucial Quote

Courtney Fern, Director of Government Relations for the Nonhuman Rights Project, called the legislation “historic,” adding that “it’s indisputable that elephants suffer when deprived of their freedom and that animal welfare laws can’t end their suffering.”

Chief Critic

Justin Barker, a political analyst focused on animal and wildlife-related laws, told the California Globe the “Ojai law is kind of crazy and is only inviting someone to bring an elephant there and directly challenge it.” Barker compared the Ojai ordinance to lawsuits in the early 90s to protect spotted owls in the Pacific Northwest. A federal court ruling in 1991 closed some parts of the Northwest woods to logging; Barker said loggers who were not happy about the ruling responded in “borderline legal ways” like physically moving the birds. He suggested something similar could happen in Ojai.

What We Don’t Know

While the ordinance says that law enforcement officers can enforce the legislation, it’s unclear exactly what the penalty against violators would be.