Dear John,
You may know the horrific story of Tyke the elephant. Stolen from her herd and natural habitat in Mozambique when she was young, she was imported to the US in the 1970s to be exploited in circuses under threat of a bullhook. In 1994, after decades of abuse, she tried to escape from a circus in Honolulu, Hawaii, killing her groomer and handler in the process. Thirty minutes later, with no one able to calm her, the police shot Tyke over 80 times. A photo from that day, which I won’t share here, shows Tyke terrified and covered in blood. She collapsed and died on the streets of Honolulu shortly after.
In 2019, Hawaii banned the use of elephants in entertainment acts in part because of what happened to Tyke. But two elephants remain deprived of their freedom in Hawaii. Their names are Mari and Vaigai, and they’re held in captivity in the Honolulu Zoo. Our first-of-its-kind lawsuit in Hawaii seeks their right to liberty followed by their release to an elephant sanctuary. Yesterday, we were honored to file an opening brief in their case, demanding the hearing they’re entitled to on the lawfulness of their imprisonment.
Earlier this year, a judge asked thoughtful questions about their case and showed sympathy for their plight. Yet he still decided not to grant them a hearing on the lawfulness of their imprisonment because he believes these kinds of hearings are only for humans.
While this might be the case historically, the state’s common law–which is meant to evolve with the times–is clear that this shouldn’t be the case any longer. Tyke’s appalling story is part of Hawaii’s past. The Hawaii courts have the power to begin a new, hopeful story now. To do so, they must have the courage to bring the debate about elephant rights into their courtrooms and call elephant captivity what it is–a grave injustice that should no longer be tolerated.
You can find updates on Mari and Vaigai’s case any time and share their story via their client page.
Our work goes far beyond fighting in courts for nonhuman animal rights. If you can, please consider making a donation to help us fight on multiple fronts for Mari and Vaigai to be able to enjoy the freedom and sanctuary Tyke was never able to.
