An animal rights group is asking the Michigan Court of Appeals to order an unlawful imprisonment hearing for seven chimpanzees at a private zoo in the Upper Peninsula. A three-judge panel heard Tuesday from the plaintiff, the Washington-based Nonhuman Rights Project, in the first-of-its-kind case in Michigan.
The organization, which seeks to expand legal protections for animals to more closely mirror civil rights for human beings, wants the appeals court to order a lower court to determine whether the habeas corpus rights of seven chimpanzees at the DeYoung Family Zoo are being violated.
In this instance, the Nonhuman Rights Project is challenging the dismissal of its claim by the Menominee County Circuit Court. The group says the apes deserve constitutional habeus corpus protections because they behave similarly to humans when subjected to captivity.
The appeals judges questioned how a court decision would be applied if the Nonhuman Rights Project prevails.
“What standard do we apply that would keep out, I think, what we would all obviously think are not subject to habeas relief – viruses, bacteria, insects, snakes. I hate snakes,” said Judge Brock Swartzle. “… Where do we draw the line?”
Nonhuman Rights Project attorney Jake Davis said that question is premature because all the groups is seeking is for the lower court to hear its arguments.
“All we are asking you is for an opportunity to see if these chimpanzees can potentially achieve their liberty, and I think that’s well within the purview of this court,” said Davis.
The group wants the chimpanzees moved from the Upper Peninsula to a nature preserve with conditions more like their natural habitat. The DeYoung Family Zoo did not present arguments at the appeals court or respond to a message seeking comment.
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