As a 26-year-old former circus chimp, he may not be able to understand the legal terminology. But Tommy the chimpanzee certainly got his day in court yesterday – as part of a two-year bid to prove he is human. Activists say the primate is a prisoner because he spends his retirement with his owners in a trailer park watching television. Yesterday a lawyer representing the animal told an American court his client had been ‘unlawfully imprisoned’ in a cage and should be released. If activists win their case, Tommy will be the first animal declared a person – with the same rights as humans – under US law. Tommy, a 26-year-old former circus chimp, is currently at the centre of a two-year legal battle in the U.S. Attorney Steven Wise, of the Nonhuman Rights Project, said the chimp - a 26-year-old former circus act - had been being ‘unlawfully imprisoned’ in a cage by his owners and should be released to be a primate sanctuary . They are calling for the ageing chimp to be released to live out his days with others of his kind in a primate sanctuary in Florida. Tommy is kept alone by his owners, Patrick and Diane Lavery, along with other exotic animals at a trailer park in New York state. Lawyer Stephen Wise argued that Tommy was being kept in what he described as ‘a cavernous dark shed’. He said the chimpanzee was a ‘legal person’, entitled to freedom from captivity, the Daily Telegraph reported. In a hearing before the New York Supreme Court appeals division, Mr Wise called for the case to be considered under the category of ‘unlawful imprisonment’ – instead of animal welfare laws. Mr Wise, who is fighting for the chimp’s rights on behalf of activists with the Nonhuman Rights Project, said Tommy should be treated as a ‘habeas corpus’ – a law which requires a prisoner or detainee to be brought before a judge. In an emotional plea Mr Wise told the court: ‘As a matter of both liberty and equality, Tommy should be seen as a person.’ Attorney Steven Wise, of the Nonhuman Rights Project, argues on behalf of Tommy the chimp before the New York Supreme Court Appellate Division. The court will decide whether the animal should be declared a 'person' Tommy was not in court and nor was his owner. But Mr Lavery has previously described the chimp as having ‘a lot of enrichment’. He told an American newspaper: ‘He’s got colour TV, cable and a stereo. He likes being by himself.’ The case was thrown out by a lower court in December, when a judge said Mr Wise had made ‘a very strong argument’ but he did not agree that habeas corpus applies to chimpanzees. Yesterday, five judges appeared sceptical, expressing doubt that ‘personhood’ could be conferred on a non-human. They will issue their ruling at a later date.
Long legal battle over 26-year-old former circus act, Tommy the chimpanzee .
Activists say he is a prisoner because he is kept in a trailer park with owners .
Are calling for him to be released to spend time in Florida primate sanctuary .
Lawyer described chimp as 'legal person' who has been 'unlawfully imprisoned'
As a 26-year-old former circus chimp, he may not be able to understand the legal terminology. But Tommy the chimpanzee certainly got his day in court yesterday – as part of a two-year bid to prove he is human. Activists say the primate is a prisoner because he spends his retirement with his owners in a trailer park watching television. Yesterday a lawyer representing the animal told an American court his client had been ‘unlawfully imprisoned’ in a cage and should be released. If activists win their case, Tommy will be the first animal declared a person – with the same rights as humans – under US law. Tommy, a 26-year-old former circus chimp, is currently at the centre of a two-year legal battle in the U.S. Attorney Steven Wise, of the Nonhuman Rights Project, said the chimp - a 26-year-old former circus act - had been being ‘unlawfully imprisoned’ in a cage by his owners and should be released to be a primate sanctuary . They are calling for the ageing chimp to be released to live out his days with others of his kind in a primate sanctuary in Florida. Tommy is kept alone by his owners, Patrick and Diane Lavery, along with other exotic animals at a trailer park in New York state. Lawyer Stephen Wise argued that Tommy was being kept in what he described as ‘a cavernous dark shed’. He said the chimpanzee was a ‘legal person’, entitled to freedom from captivity, the Daily Telegraph reported. In a hearing before the New York Supreme Court appeals division, Mr Wise called for the case to be considered under the category of ‘unlawful imprisonment’ – instead of animal welfare laws. Mr Wise, who is fighting for the chimp’s rights on behalf of activists with the Nonhuman Rights Project, said Tommy should be treated as a ‘habeas corpus’ – a law which requires a prisoner or detainee to be brought before a judge. In an emotional plea Mr Wise told the court: ‘As a matter of both liberty and equality, Tommy should be seen as a person.’ Attorney Steven Wise, of the Nonhuman Rights Project, argues on behalf of Tommy the chimp before the New York Supreme Court Appellate Division. The court will decide whether the animal should be declared a 'person' Tommy was not in court and nor was his owner. But Mr Lavery has previously described the chimp as having ‘a lot of enrichment’. He told an American newspaper: ‘He’s got colour TV, cable and a stereo. He likes being by himself.’ The case was thrown out by a lower court in December, when a judge said Mr Wise had made ‘a very strong argument’ but he did not agree that habeas corpus applies to chimpanzees. Yesterday, five judges appeared sceptical, expressing doubt that ‘personhood’ could be conferred on a non-human. They will issue their ruling at a later date.
prove he is human. Activists say the primate is a prisoner because he spends his retirement with his owners in a trailer park watching television. the chimp - a 26-year-old former circus act - had his owners and should be released to be a primate of his kind in a primate sanctuary in Florida. chimpanzee was a ‘legal person’, entitled to has previously described the chimp as having ‘a