On Thurs., Oct. 24, the Colorado Supreme Court will hear oral arguments from Cheyenne Mountain Zoo’s legal counsel and the NonHuman Rights Project (NhRP) on the frivolous elephant lawsuit filed against CMZoo last summer.

As our community already knows, at Cheyenne Mountain Zoo, we take excellent care of our beloved elephants. The NhRP’s case is not about our elephant care. Their goal is to establish a court precedent granting habeas corpus to any animal. Our elephants are just the next target on their list of failed attempts at setting this precedent.

NhRP is an out-of-state extreme animal rights organization known in the Zoo profession for wasting credible organizations’ time and money with misguided lawsuits. This manipulative fundraising act aims to upset and mislead people who care about animals.

Our community of animal advocates sees through their attempts, and our community has continued to show up for elephants. By visiting Cheyenne Mountain Zoo, every guest makes a direct impact on wildlife conservation. Since 2008, our guests and members have raised more than $5 million for conservation around the world, just by visiting the Zoo. We recently surpassed a huge milestone for elephant conservation: $1 million raised to help our conservation partner, Tsavo Trust, protect African elephants in Tsavo National Park, in Kenya.

NhRP is claiming that the five female African elephants who have been in our care for decades should ‘go free,’ but also claims they should go to a sanctuary, where they would remain in human care. Transport to another facility, whether it’s called a sanctuary or a zoo, would not remove them from human care. It would force them to endure a potentially stressful move and resettling, possibly with other elephants, in a new setting with a new care team. At their ages, and with their various age-related ailments, a move like this would be cruel. But, again, NhRP, is not concerned about our individual elephants’ care.

Our elephant care team knows the needs of our elephants, and tailors specific health and exercise programs based on each elephant’s needs and preferences. Suggesting they’d be better off at a sanctuary is simply incorrect. Popular opinions about what’s considered best for elephants in general or in the wild are not what’s best for Jambo, Missy, LouLou, Kimba or Lucky.

For example, wild elephants are social animals, but our elephants didn’t grow up in large herds, and they don’t want to be in them. Unrelated females, like our five African elephants, typically do not socialize in the wild. Our elephants have lived their entire lives in smaller herds, and they do not have the skills or desire to be in a larger herd. We know, because we have tried. We have offered them a variety of group settings, and we do not force them to share direct space with other elephants when they have shown us they don’t want that.

Unfortunately, NhRP doesn’t care about their unique circumstances and needs. We do, so we continue to fight on our elephants’ behalf. The legal arguments our attorneys plan to share on Oct. 24 will prove the District Court was right when they dismissed this case at the district level. Because the case is not about our elephants’ care, as NhRP would lead you to believe in their promotional materials, our legal position is simple.

Habeas corpus is a legal protection for humans to claim for themselves. When a human isn’t capable of asserting their own writ of habeas corpus, a court-recognized “next friend” can file a writ of habeas corpus on behalf of another human.

In the unlikely event that a court ever decided that animals could be protected from “unlawful imprisonment” by habeas corpus, a “next friend” that knows them very well would be allowed to do it for them. When this case was dismissed in El Paso County District Court, the judge reasoned that between the Zoo and NhRP, it was clear NhRP was not a “next friend” of our elephants, and if anyone had earned that right, it was Cheyenne Mountain Zoo.

Another requirement of habeas corpus is that the benefitting party will ‘go free.’ Our elephants cannot ‘go free,’ because they cannot survive without human care and medical attention.

Each of these arguments separately should be enough for our elephants to remain with us, but the underlying truth is that they are not unlawfully detained, under Colorado law. Our elephants are incredible creatures, and they deserve the full protection of our federal, state and local animal welfare laws. As an Associations of Zoos and Aquariums (AZA)-accredited Zoo, we provide that protection and care. When Colorado legislature recently banned elephants in traveling circuses, they expressly allowed elephants to continue to be sheltered in AZA-accredited zoos. By definition, this means our elephants are not unlawfully detained, which is the basis of NhRP’s frivolous lawsuit — and a direct disregard of the important protections our state legislators have put in place.

NhRP has attempted this same lawsuit with several other reputable zoos. NhRP lost their case in New York. They lost in California. They were dismissed in Colorado Springs and Hawaii. We hope Colorado isn’t the place that sets the slippery slope in motion of whether your beloved and well-cared-for dog or cat should have habeas corpus and would be required to ‘go free,’ at the whim of someone else’s opinion of them.

Our community has been surprised that NhRP chose to attack Cheyenne Mountain Zoo, of all places. We have consistently ranked as a top-five zoo in the nation by popular vote. We just celebrated raising $5 million for frontline conservation efforts, including over a million dollars for African elephants. Our national recognition as a leader in animal care and conservation is likely what drew their attention to us. Our latest accreditation was historic. In nearly 50 years of AZA accreditations, CMZoo was only the fourth organization to earn a ‘clean’ report, which means there wasn’t a single major or minor concern reported – including in the strenuous review of our elephant care program.

We likely will not know the Court’s decision on this case for several weeks or months, so don’t be surprised if we don’t update you for a while. In the meantime, we’re focused on animal welfare, conservation and our historic update to African Rift Valley. If you’re looking for a way to support the Zoo, support us by visiting any day of the year (we’re open year-round), or consider attending a special event, like Electric Safari, in December.

We’re grateful for our community’s unwavering support throughout the past 16 months of this, and we are hopeful that we can soon put this waste of resources to rest.

About Cheyenne Mountain Zoo

Cheyenne Mountain Zoological Society was founded in 1926. Today, Cheyenne Mountain Zoo, America’s mountain Zoo, offers comprehensive education programs, exciting conservation efforts and truly fantastic animal experiences. In 2024, Cheyenne Mountain Zoo was voted #5 Best Zoo in North America and CMZoo’s Rocky Mountain Wild was named #2 Best Zoo Exhibit in North America by USA TODAY’s 10Best Readers’ Choice Awards. It is Cheyenne Mountain Zoo’s goal to help guests fall in love with animals and nature, and take action to protect them. Since 2008, CMZoo’s Quarters for Conservation program has raised more than $5 million dedicated to frontline conservation efforts around the world. Of the 237 zoos and aquariums accredited by the Association of Zoos and Aquariums (AZA), Cheyenne Mountain Zoo is one of just a few operating without tax support. Cheyenne Mountain Zoo depends on admissions, membership dues, special event attendance and donations for funding.

A MESSAGE FROM BOB CHASTAIN, CHEYENNE MOUNTAIN ZOO PRESIDENT & CEO – You may recall that several months ago, we reported that an out-of-state animal rights group sued the Zoo and me as CEO for the release of our five elephants to a sanctuary of this group’s choosing. For the past five months, we have been working with former Colorado Springs Mayor John Suthers’ law firm of Brownstein Hyatt Farber Schreck to defend us in this important case. The Zoo’s board of directors selected this firm, in particular, because of their national presence and Mayor Suthers’ long history with Colorado Springs and the state of Colorado, having served as the state’s Attorney General and then as the city’s mayor.

On Dec. 3, 2023, 4th Judicial District Judge Eric Bentley denied this group’s petition and sided with CMZoo and our right to care for our elephants in their own home. Judge Bentley went on to say that even if he accepted every fact this group presented as truthful and accurate (as he is required by law to do), they still did not have a legal case against the Zoo. To further make sure he followed every point of law and was above reproach in his court opinion, he detailed their argument in full to demonstrate his complete understanding of the case for 27 pages. Furthermore, he stated that if anyone had earned the right to speak on the best interest of the elephants, it would not be this out-of-state group, but instead, Cheyenne Mountain Zoo, who has dedicated itself to these amazing animals.

Judge Bentley said in his ruling, “This is not just a technicality. There is a legitimate question in this case as to who properly speaks for the elephants (or, in other words, who gets to be the “elephant Lorax”) – 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.”

While this is a victory in this frivolous case against a community treasure, where more than 800,000 people come every year to enjoy time with each other in the presence of some of the world’s most inspiring creatures, there is likely more to come from this small group of extremists, who are clearly using this as a fundraising tactic and to change Colorado law. One need to look no further than their IRS Form 990 to see this.

What comes next: In Colorado, there is an appeal as of right to the Colorado Court of Appeals. Such an appeal could likely take up to a year. If they lose again, they would have an option to petition the Colorado Supreme Court to hear the case.

It is unfortunate that the judge 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. This out-of-state group makes money off of our distraction from our mission of saving animals from extinction.

Even Judge Bentley said in his ruling, “…it is unfortunate that this case pits two organizations against each other that perhaps ought to be on the same side. As noted above, the role of zoos has evolved, and today zoos, including the Cheyenne Mountain Zoo, play a leading role in wildlife conservation efforts and education. (E.g., https://wildwelfare.org/the-conservationmission-of-zoos-nabila-aziz/). The Zoo is known, in particular, for its work with giraffes, for which it is nationally recognized. (https://www.cmzoo.org/conservation/giraffe-conservation/).”

I would like to personally thank you for your continued support, and encourage you to keep sharing the good work we do with your friends and family in the community. With our community rallying around us, we plan to continue to win this battle on behalf of our elephants.

Today, we learned by way of local media, that we are being sued by an organization known in the Zoo industry for wasting credible organizations’ time and money. The Nonhuman Rights Project filed a 376-page petition, naming our five beloved aging African elephants as plaintiffs in a case against our Zoo, and attempting to force us to send them away.

The fact that we first learned about this litigation from a local reporter who received a news release is evidence enough to us that they’re using litigation as a way to gain public attention for their misguided claims.

Anyone can sue anyone for anything. Those who know us know the truth about us. NhRP is the same organization that targeted, publicly attacked and sued Fresno Chaffee Zoo and Bronx Zoo – and NhRP lost in court both times.

We exist to advance animal welfare and conservation.

We openly share public updates about our elephants on social media and in member newsletters, but in case you’re unfamiliar with our Zoo, we provide specialized care for this special group of elephants in a myriad of ways.

Our elephant care team knows the needs of our elephants and tailors specific care and exercise programs and tends to each elephant based on their preferences. Suggesting they’d be better off at a sanctuary is simply incorrect. Knowing what’s considered best for elephants in general does not equal knowing how to give Jambo, Missy, LouLou, Kimba or Lucky the care they need.

Our expert elephant care team has a combined 65 years of experience. We dedicate four full-time keepers most days to care for five elephants. The team consistently studies our elephants’ behaviors and adjusts their care programs to provide more of what they positively respond to.

As incredibly intelligent animals, the elephants need diversity. Multiple times per day, these elephants move from yard to yard, or indoor space to indoor space, where they find new opportunities to stimulate their bodies and minds. One such activity, which they have access to during summer months, is a space called the vacation yard. This nearly 2-acre yard is not visible to guests, and it’s full of tall grasses and lush trees, where the elephants are free to roam as long as they want to. Depending on how much rain we’ve received that year, the elephants might visit several times per month. The limit on the number of times per month they visit is also part of the plan to maintain the novelty of this area for them, which makes it physically and mentally stimulating.

Walking is another thing most often cited by critics of elephants in human care. We have found that elephants here and in the wild don’t walk for fun. They are looking for food, water and safety. In the wild, elephants often walk such great distances because they are forced to travel long distances – for example, during the dry season to find water or if being pursued by poachers. Our elephants walk less because they are getting older.

Because elephants are widely known to thrive in herds does not mean that these individuals would do best in that setup. We know because we have tried. These elephants didn’t grow up in large herds. We’ve offered them a variety of group settings, and we do not force them to share direct space if their behavior shows us they don’t want to. The elephant pairs who live together at our Zoo live with who they show the most positive behaviors with. We believe they deserve to be given that choice to make the decision. People are also social in nature, but it does not mean you want to live with everyone you meet just because they are another human. This is also true with our elephants, and we give them a chance to show us who they want to live with each day.

Each elephant has the option to participate in voluntary husbandry training that we know improves their strength, flexibility and overall health. We call this “elephant yoga” because people can relate to the fact that they, too, need to remain flexible and strong.

In addition to our unfaltering commitment to providing these elephants with the best possible care as they age with dignity, we have partnered with Tsavo Trust, a frontline elephant conservation organization that is working to save wild African elephants and rhinos in Kenya. Our elephant feeding opportunity raises $75,000 per year for Tsavo Trust. Through that program and through a portion of admissions and programs, our Zoo has sent $608,000 directly to elephant conservation. If you count all our species combined our efforts amount to more than $4.5 million. We are funding change, and our guests are funding change.

We have a stated goal that we won’t have elephants at the Cheyenne Mountain Zoo unless our elephants are helping wild elephants survive. With the help of our guests and members, we deliver on this promise every day. We are proud to collaborate with others and be part of the solution. How much has NhRP invested in animal welfare or conservation, and how much energy, time and money have they cost other conservation organizations like ours? We need the community’s support to stand up to this distraction, which will take away from the day-to-day care and the real in-the-field conservation work that happens at Cheyenne Mountain Zoo every day.

We’re extremely proud of our elephant care program. We always have been and we are still open to media who would like to learn more about our program.

We’re also extremely proud of our Zoo. We recently earned a completely clean report of inspection from the Association of Zoos and Aquariums (AZA). We have been continually accredited for more than 35 years. We are only the fourth organization to earn a ‘clean’ report in the history of AZA accreditations, which means there wasn’t a single major or minor concern reported. Over the multi-day inspection of the entire Zoo with four dedicated inspectors, one AZA elephant expert is assigned the job of evaluating our elephant program in detail. They did not have a single concern.

Thank you to everyone who has been by our side since we decided to take on this role for aging elephants in human care, and thank you to everyone who will continue to. We look forward to sharing more of our stories and reaching even more people with our mission from this exposure. Let’s look ahead and see how we can work together for a better future for elephants.

About Cheyenne Mountain Zoo

Cheyenne Mountain Zoological Society was founded in 1926. Today, Cheyenne Mountain Zoo, America’s mountain Zoo, offers comprehensive education programs, exciting conservation efforts and truly fantastic animal experiences. In 2023, Cheyenne Mountain Zoo was voted #4 Best Zoo in North America and CMZoo’s Rocky Mountain Wild was named #2 Best Zoo Exhibit in North America by USA TODAY 10Best Readers’ Choice Awards. It is Cheyenne Mountain Zoo’s goal to help guests fall in love with animals and nature, and take action to protect them. Since 2008, CMZoo’s Quarters for Conservation program has raised more than $4.5 million dedicated to frontline conservation efforts around the world. Of the 238 zoos and aquariums accredited by the Association of Zoos and Aquariums (AZA), Cheyenne Mountain Zoo is one of just a few operating without tax support. Cheyenne Mountain Zoo depends on admissions, membership dues, special event attendance and donations for funding.