Correction: The first sentence was missing from the email we sent a few moments ago. This is the complete version with the full context provided. Our apologies!
Three years ago today, the New York Court of Appeals became the first US state high court in the US to consider arguments in support of animal rights: our elephant client Happy's right to liberty. Below are Monica Miller's reflections on this historic hearing. Monica is the NhRP attorney who argued on Happy's behalf before the panel of seven judges. Our fight for Happy's freedom is ongoing.
Dear John,
Today is the anniversary of Happy’s hearing before the New York Court of Appeals. As the attorney on Happy’s case, it was a day I’ll never forget.
Heading into the courtroom that morning, I felt cautiously optimistic. Sure, the odds were stacked against us, but hope has always been our fuel. I was nervous too—there’s nothing quite like trying to anticipate a judge’s questions while also weaving in the heart of your argument (and yes, trying to do it all through a mask during COVID!).
Before the hearing, the energy was incredible. Our whole team gathered at the hotel, buzzing with anticipation. When we arrived at the courthouse, we made a grand entrance: press swarming, and a rally full of smiling, supportive faces beyond. It was surreal. The streets of Albany were quiet—except for us. Every person there had come to support Happy.
The courtroom? Packed. So packed that they opened an overflow room, and even more people were watching a screen set up outside. It felt like walking into a family reunion of people who had never met but were bound by the same belief—that Happy deserved more. I remember thinking, “it’s not just me going in there. It’s everyone!”
Inside, Judge Jenny Rivera was Zoomed in on a giant screen—COVID protocols. So, yes, I was literally turning to a screen throughout my argument to answer her questions. And when Judge Wilson began grilling the other side with hypotheticals that started with “assuming we grant this…”—let’s just say my cautious optimism turned into cautious excitement.
After the hearing, I was met with hugs, cheers, and (bless our supporters) a box of vegan cookies from a supporter (thank you Donna!). I’ll never forget when our founder, Steve, who had argued our cases for years, told me he was proud. That meant everything.
But more than anything that day, I kept thinking about the elephants. I’d been watching videos in the days leading up to the hearing—rescued elephants arriving scared to sanctuaries like PAWS, then weeks later forming friendships and splashing in ponds. I felt even more strongly why we do this. Why Happy’s story matters.
Two powerful dissents came from Happy’s hearing. In legal circles, that’s no small thing. In Judge Rivera's powerful statement of support for Happy, she said that “captivity is inherently unjust and inhumane. It is an affront to a civilized society, and every day she remains a captive—a spectacle for humans—we, too, are diminished.”
Judge Wilson’s dissent was historic in length, but perhaps best summarized in this statement: “we should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society … When the majority answers, “No, animals cannot have rights,” I worry for that animal, but I worry even more greatly about how that answer denies and denigrates the human capacity for understanding, empathy and compassion.”
While we didn’t win the case, those words, that courtroom, that day—the seeds of justice were planted that day, and those seeds will continue to grow and inspire further change.
I didn’t necessarily become a lawyer because I loved law. I became a lawyer to help animals. Arguing what an esteemed historian called “the most important animal rights case of the 21st century” was truly a dream come true. But as I reflect back on that day, it’s not just my moment in court that stands out, but how many people showed up to support Happy … how many supporters, like you, who made that moment in legal history possible.
Thank you for standing with us—in support of Happy and Patty, and all nonhuman animals who suffer in captivity and deserve justice.
Our fight to protect the fundamental interests of nonhuman animals continues. I’m preparing for a hearing this year in our case to free seven chimpanzees from a roadside zoo in Michigan, and we’re working to pass the first elephant captivity ban in the US in New York City–a bill that, if passed, would require the Bronx Zoo to release Happy and Patty to an elephant sanctuary.
Will you consider donating today to help us sow the seeds of justice tomorrow?
