Court hears arguments that chimpanzees deserve rights

ALBANY, N.Y. – A state appeals court will decide in coming weeks whether chimpanzees are entitled to “legal personhood” in a case that could lead to expanded rights for animals such as gorillas, elephants and dolphins, according to the lawyer advocating for a 26-year-old chimp named Tommy.

Attorney Steven Wise argued before a five-member midlevel appeals court Wednesday on behalf of the chimp, which lives alone in a cage in upstate Fulton County. A judge has refused a request by Wise and his Nonhuman Rights Project to have Tommy released to join other chimps at a Florida sanctuary that mimics their natural habitat.

Wise argues that animals with human qualities deserve basic rights, including freedom from imprisonment. He’s also seeking the release of three other chimps in New York and said he plans similar cases in other states. If he succeeds, he will seek personhood for other species with human qualities, which he defines as self-determination and autonomy.

Tommy’s owner, Patrick Lavery, of Gloversville, didn’t appear in court or submit documents. Reached later by phone, he said Tommy, a former entertainment chimp that was placed with him several years ago, is cared for under strict state and federal license rules. “I think it’s totally ridiculous to give an animal human rights.” Lavery said Tommy lives in a seven-room enclosure with lots of toys and other “enrichment.”