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Hi John. This is Jake Davis, Senior Staff Attorney for the Nonhuman Rights Project. As many reading this email know, on October 14th, I argued before the Michigan Court of Appeals on behalf of seven chimpanzees imprisoned at a roadside zoo in Wallace, Michigan. For those who watched the hearing, wrote to us before or after it, or simply followed our social media updates, I want to express heartfelt thanks for your support. At the NhRP, we often discuss how our work wouldn’t be possible without each of you, and that remains true today, just as it was when the organization was founded 30 years ago by my mentor, the late Steve Wise.
Arguing in front of Judge Swartzle, Judge Ackerman, and Judge Trebilcock was, in the moment, a meaningful experience because it meant all seven chimpanzees “had their day in court,” as the saying goes. At the time, I appreciated Judge Swartzle’s probing questions and his focus on the merits of the case rather than procedural issues like standing or jurisdiction. This showed the Court of Appeals understood the essence of the case and what the Court needed to consider. Surprisingly, this is not always the case in the courts we appear before.
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The order—issued just three days after the arguments—was heartbreaking and possibly even drafted before the hearing. It was not heartbreaking for me, nor for the NhRP, but for the chimpanzees who are now facing the Michigan Upper Peninsula’s harsh winter and will not have access to their outdoor cage (their only real opportunity to breathe fresh air) until late spring. Confined in cages in buildings, they cannot forage, climb, or build nests in treetops like their wild counterparts. Instead, they endure the cold and the unforgiving hardness of cement.
Make no mistake, this fight is not over. We are deeply committed to our clients, which is why we filed this case in the first place: We believed Tommy, the first nonhuman animal whose freedom we sued for, was at the DeYoung Family Zoo. Ultimately, he died at the DeYoung Family Zoo, a fate we hope to avoid for the seven surviving chimpanzees in favor of their freedom. Next month, we’ll ask Michigan’s highest court to hear our appeal so we can directly confront the outdated 19th-century notion, relied upon by the Court of Appeals, that all animals are property and must be treated as such no matter what. As part of this process, we’ll consider where we can be more concise, more direct, and more persuasive. We will make it very difficult for another court to deny these chimpanzees the liberty they deserve as autonomous individuals and as our closest living nonhuman relatives.
As NhRP supporter Tracey Johnson wrote after the hearing, “[The NhRP] protected them by speaking for them! It all counts!” Indeed, every aspect of this work matters. Each step may seem small, infinitesimal even, but they are all steps forward; they are all steps closer to tearing down the arbitrary legal wall that separates humans from all other living beings.
Again, I am immensely grateful for the personal and organizational words of support from those who took the time to reach out, and for everyone who has stayed engaged with our efforts in Michigan and continues to support our work more broadly. To those who wrote in, please don’t stop, never stop, writing to us. It takes all of us to challenge a status quo that has for too long allowed the cruel exploitation and suffering of others. Thank you again. – Jake
A selection of messages from NhRP supporters:
“Yes, those chimpanzees deserve a happier, freer, better life!” – Amy W.
“I know you’ll keep fighting–a HUGE thank you to you all!!!” – Shelby S.
“I am disappointed to learn of the Michigan court's decision in the chimpanzees’ case. However I know we will fight on and hopefully get the outdated laws changed and updated.” – Valerie S.
“Thank you for taking this case on and for keeping up the fight.” – Chris P.
“This [decision] made me really sad. People are clearly still [in] the 19th century. That's not a surprise, but it is disappointing. Continued very best wishes to you and the team.” – Pip D.
“Thank you for continuing this fight … it has far greater implications for humanity.” – Cindy L.
“It's not the end of the road, just the beginning of justice for them. Onward! You are doing wonderful work.” – Julie B.
“Another frustrating, to me, court decision/denial of the obvious.” - Alan I.
“Ugh, so sad to read this. So very sorry. But thank you for keeping up the good fight on this. One day it will finally pay off and hopefully that day is getting closer and closer now too!” – Mary Lynn Z.
“This is very very important work the NhRP is doing. You will break through. The time is coming when humans recognize that we are deluded by our own egos to classify other animals as less than us from a sentient and suffering viewpoint.” – Georgia D.
“Bound by 19th-century Michigan Supreme Court precedent? There is so much more awareness, knowledge and understanding of chimpanzees since the 1800s!! This [decision] doesn't make sense.” – Carrie R.
“Keep on with the fight, for the sake of the animals, and also for the sake of the future of humanity.” – Marilyn E.
“When the 19th century law was established, there was little understanding or thought given to the physical and psychological consequences for the use of animals to be used as 'entertainment' for the public, like those confined in zoos … I'm sure that those who made the wrong decision on this issue would be up in arms if you mistreated one of their pets … and your excuse was 'it's just a dog' or cat or whatever, no big deal.’” – Yvonne Y.
“All animals bleed, feel, breath, and raise their families with love … Just like us … They are not anyone's property. Shame on the courts.” – Lisa L.
“Keep fighting the Good Fight! We will prevail.” – Karen S.
“Thank you for all you do on behalf of your clients! I just watched the recording of the hearing and, as always, am proud to support such a meaningful, important movement.” – Erin B.
“I just watched the hearing, heart in my mouth and hoping the Court sees reason. Thank you for pursuing justice and reform.” – Sharon G.
“I was disheartened about what I perceived to be the central judge's reliance on applying a species-specific standard to a habeas corpus case–the need to draw very distinct lines between humans and non-humans or if you re-draw this arbitrary line, which species do you stop at. It made me want to face palm even though, of course, I know it's still the majority-held view … I genuinely thank you for your organisation's persistence and professionalism in the face of such frustrations.” – Lucy D.
“So glad to have been able to witness this [hearing]. Thank you to Jake and the NhRP for all you do for sentient beings.” – Stephanie S.
“As I watch this courtroom hearing I go back to the work of Richard Wrangham, a primatologist who worked with Jane Goodall, and that chimps' DNA is so similar to ours. This is common knowledge. [Liberty is] a basic right. We are in the 21st Century!” – Lisa C.
“I am such an advocate of your ‘make sense’ stance to leading animals into the freedom they inherently deserve.” – Diana L.
“I pray for these chimps that they will finally find happiness and freedom thanks to your work and that of many other smart, caring people.” – Britt L.
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The NhRP is a nonprofit, tax-exempt 501(c)(3) corporation (Tax ID #: 04-3289466). It is solely through your donations that we can continue to work for the recognition and protection of fundamental rights for nonhuman animals.
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