Nonhuman Rights: Is It Time to Unlock the Cage? 28 BOSTONIA Summer 2017 28-51 Bostonia_Su17.indd 28 6/8/17 11:45 AM 29 BY RICH BARLOW INSIDE THE MANHATTAN COURTHOUSE of New York’s Appellate Division, First Judicial Department, fi ve robed appeals judges peer down from the high, intricately carved bench at attorney Steven Wise, who rises on behalf of his clients. Their supporters are here too, scores of them, watching from the audience section, and wearing, in one case, a black “Vegan Power” sweatshirt. Wise (LAW’76) himself, salty haired and bespectacled, looks the part of a public defender, in a sober black suit. A founder and president of the Nonhuman Rights Project (NhRP), he’s representing Tommy and Kiko—chimpanzees owned by private individuals in New York. Wise has spent the last 30 years fi ghting for chimps—arguing in courts, in books, and before law school classes that laws decreeing higher animals to be things LAW alum Steven Wise has spent 30 years arguing that chimpanzees should have the rights of persons. People are starting to listen. GETTY IMAGES GETTY 28-51 Bostonia_Su17.indd 29 6/8/17 11:46 AM 30 BOSTONIA Summer 2017 28-51 Bostonia_Su17.indd 30 6/14/17 11:52 AM 31 Wise argues that humans should not have the right to keep chimpanzees at all, because chimpanzees Wise answers, adding that “the courts Sanctuary. To the best of its knowledge, have advanced minds have taken the lead in numerous the NhRP says on its website, Kiko “is that make them suffer instances.” He cites Lord Mansfi eld, held in a cage in a cement storefront in captivity. the English jurist who in 1772 granted attached to the Prestis’ house.” habeas corpus to a black slave, then Two years ago, the group represented viewed as less human than whites, a pair of chimpanzees named Hercules rather than autonomous beings with marking a landmark step in disman- and Leo. A judge declined to free those certain rights are inhumane relics of tling human captivity. two, who were being used in locomotion earlier times. The justices also question whether research at New York’s Stony Brook Today, he’s appealing lower court habeas corpus is appropriate in this University, citing an earlier court decisions that denied Tommy and Kiko case, as Wise isn’t seeking absolute ruling that habeas corpus applies only habeas corpus, the writ that springs a freedom for his clients. Now kept in to humans. Wise says the pair were prisoner from illegal detention, and cages, he says, they would be trans- no more than three years old when that if granted, would force the chimps’ ferred to an outdoor sanctuary for taken from their mothers and caged owners to free them. He doesn’t get a chimpanzees; obviously, for their own in the basement of a computer build- minute into his argument before the safety, they would not “be driven to ing at Stony Brook, where experiments fusillade commences. Times Square and be let out.” “involved having fi ne wires inserted in “You’ve had the opportunity to be As people fi le out after the hear- their muscles. Worse, they were forced before every other judicial department ing, a supporter harrumphs about the to undergo general anesthesia once in this state, and yet you’re before us,” justices’ relentless interruptions. In a every month to six weeks, for years.” presiding Justice Dianne Renwick postmortem in the basement, however, Stony Brook subsequently returned interrupts. “Why isn’t this forum- Wise assures his small crowd of backers Hercules and Leo to their owner, a shopping?” that skeptical probing is not necessarily research center at the University of Wise, in a respectful tone that starts a barometer of their thinking. “Some Louisiana, and the NhRP is now seek- quietly and becomes audible as he cases I thought I lost, I won. Some I ing their transfer to a chimp sanctuary. presses his case, says one lower court thought I won, I lost.…We feel confi dent As appalled as Wise is at such treat- decision he’s appealing declared that that our argument is built from a foun- ment of animals, the NhRP doesn’t to qualify for habeas corpus, Tommy dation of justice.” claim that any of the owners violate would have to be able to fulfi ll duties Three months later, the New York cruelty laws. Wise’s argument is that and responsibilities, as humans do. judges ruled there was no legal prec- humans should not have the right to That “irrational” rule, Wise says, edent for chimpanzees to be considered keep them at all, because chimpanzees “places millions of New Yorkers at people and denied Wise’s request for are autonomous beings with advanced risk that their personhood will not be habeas corpus. Wise plans to take the minds that make them suff er in cap- respected, either,” from children to case to the state’s highest court, the tivity, especially solitary confi ne- the infi rm who can’t assume duties. Court of Appeals. ment, just as a human locked in a cage “We’re asking for the rights of would suff er. The NhRP has compiled persons” for chimps, he says. “And Animal Rescue 200 pages of affi davits from leading that does not mean declaring them a primatologists worldwide backing human being.” ommy is owned by Patrick those assertions. Another judge demands to know Lavery, who sells trailers for James R. Anderson, a psycholo- when the word “person” has “been used transporting animals and gist and animal behavior specialist at to indicate a nonhuman.” Wise replies Twho acquired the chimp from Scotland’s University of Stirling, has that courts historically have deemed a circus owner living on his property. written that “no other species comes partnerships and even ships as legal When Wise fi rst saw Tommy, the ani- so close to humans in self-awareness persons (the latter since the 19th cen- mal was alone in a small cage in a dark and language abilities, and in diversity tury; in cases where the owners were shed reeking of bad milk; Lavery says of behaviors such as tool-use, gestural absentee, vessels were assigned respon- that Tommy prefers solitude and likes communication, social learning, and sibility for accidents, with damages set to watch his TV and listen to his stereo. reactions to death.” Anderson says according to their value). He concedes Yet after Wise saw Tommy’s living con- chimps recognize themselves in mir- that “there is no case law specifi cally ditions, according to a New York Times rors, which “requires holding a mental with respect to chimpanzees.” writer who accompanied him, the law- representation of what one looks like “Lions, tigers, any case law as to any yer said with a “quavering” voice, “I’m from another visual perspective.” They other animal?” a justice presses. No. not going to be able to get that image are empathetic, consoling each other Renwick bores in: “Why isn’t this issue out of my mind.…That’s a dungeon.” and watching out for each other at road better dealt with by the legislature?” Kiko’s owners, Carmen and Christine crossings. They plan for the future, The judiciary “is a coequal branch,” Presti, run a nonprofi t, the Primate as when they bring stones to diff erent PHOTOGRAPH BY JACKIE RICCIARDI 28-51 Bostonia_Su17_r2.indd 31 6/13/17 2:09 PM One judge dismissed a lawsuit against the New England Aquarium, saying a dolphin had no standing because it places to use for breaking open nuts. pathetic documentary about his couldn’t testify to any They’ve been observed caring for a legal quest. At one point, the fi lm injury that it might dying group member, testing her for references a 2015 Gallup poll suggest- have suffered. signs of life as she died, and cleansing ing that one-third of Americans believe the body. Chimps not only mimic each animals and humans should have the other’s facial expressions, but conta- same rights. giously yawn as we do. “I don’t even think that’s true,” Rattling the Cage, a book making the “Like humans, chimpanzees have a marvels Wise, who seeks only limited case for legal personhood for chimpan- concept of their personal past and fu- rights for a limited number of species. zees and bonobos. ture,” the NhRP argues in court papers Wise founded the NhRP seven years fi led in Tommy’s case, “…they suff er The Jungle Gym later in his home state of Florida. the pain of not being able to fulfi ll their The group, whose $900,000 budget is needs or move around as they wish…. ad it looked only at his grades, fi nanced by grants and donations from They suff er the pain of anticipating Wise says, the BU School of foundations and individuals, has six never-ending confi nement.” Law might never have admit- full-time and three part-time workers And while no court has yet granted Hted him. When the University (two of the latter are lawyers). It has Wise his grail of chimp personhood, he publicized the grade point averages relied on more than 25 lawyers and law is convinced that “the world is going for students in his entering class, they students for legal research over the four our way rapidly.” ranged “from a 2.8 to a 4.0—and I had years it has litigated the chimp cases. Recent events support that thesis. a 2.8.” Fortunately, he aced the LSAT.