How Far Do Human Rights Go For Animals? Not Very, According To NY Case

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A New York appeals court reportedly ruled on Thursday that a chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, according to the Huffington Post.

A trial level court had previously denied the Nonhuman Rights Project's efforts to have Tommy, a 40-year-old chimpanzee, released from a cage that he lives in in upstate Fulton County.

The group's lawyer, Steven Wise, had reportedly told the appeals court in October that the chimp's living conditions are akin to a person in unlawful solitary confinement. Wise reportedly argued that animals with human qualities, such as chimps, deserve basic human rights, including freedom from imprisonment.

However, the three-judge Appellate Division panel was reportedly unanimous in denying "legal personhood" to Tommy, a former entertainment chimp who was placed with his owner, Patrick Lavery, about 10 years ago.

"So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties," the judges wrote.

They added, "Needless to say, unlike human beings, chimpanzees cannot bear any legal duties, submit to societal responsibilities or be held legally accountable for their actions."

Tommy's owners, Patrick and Diane Lavery, have reportedly kept Tommy in a "well-maintained and comfortable environment," according to the NY Daily News. Lavery reportedly stated that Tommy lives in a seven-room enclosure in Gloversville with lots of toys and other "enrichment."

The Nonhuman Rights Project reportedly stated it will appeal to the state's top court, citing other New York appeals court rulings that they deem are at odds with Thursday's decision.

Patrick Lavery stated that he was pleased with the ruling.

"I just couldn't picture any court granting habeas corpus for an animal," he stated.

Lavery added, "If it works for one animal, it works for all animals. It would open a can of worms."

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