Do We Need Zoos?

Zoos—facilities where wild animals are kept for public exhibition—have existed for millennia. In ancient civilizations such as China, Egypt, and Mesoamerica, rulers maintained collections of exotic animals as symbols of power and celebrity.  The modern zoo, the exhibition of animals for entertainment, emerged in the late 18th century with the founding of the Ménagerie du Jardin des Plantes in Paris.  From that point forward, zoos grew across Europe and North America as people became fascinated with seeing unknown species of wildlife. 

Arguably, the most popular animals at zoos are elephants. This is due in part to their size – the largest mammal on earth – but more so for their intelligence. Elephants are sentient beings who are self-aware, empathetic, and have the capacity to grieve and suffer. It is exactly these characteristics that make it unethical to keep them in captivity.

Proponents of zoos argue that they serve educational and conservation purposes, but there are psychological and physical harms that captivity inflicts on animals. Large, intelligent species such as elephants, orcas, and big cats suffer from restricted movement, social isolation, and the inability to engage in their natural behaviors. This is a side of zoos that is rarely seen, discussed, or disclosed to the public.

In the Bronx Zoo in New York, Happy is a female Asian elephant who was captured as a baby in 1971. In 1977, she was transferred to the Bronx Zoo along with another elephant named Grumpy, her only companion. When Grumpy was euthanized, the zoo placed Sammie in the enclosure with Happy. Then Sammie died, leaving Happy alone without a true elephant companion, an unacceptable situation for a highly social animal. Today, she spends most of her time indoors, confined in housing the public never sees.

In 2018, the Nonhuman Rights Project (NhRP) filed a groundbreaking legal case on Happy’s behalf against the Bronx Zoo, seeking a writ of habeas corpus—a legal mechanism in the United States used to challenge unlawful detention.  The NhRP argued that Happy was a cognitively complex, autonomous being who should be classified as a legal person, a “rights holder,” and released from captivity.  The case was historic in that it was the first time a state’s highest court in the US heard a habeas corpus petition for an animal.

The New York Court of Appeals rejected the NhRP’s petition 5-2, holding that habeas corpus was not appropriate for challenging Happy’s captivity. While the case was lost, two dissents were notable. Judges Rowan D. Wilson and Jenny Rivera offered powerful dissents that largely agreed with the NhRP’s arguments.  These dissents pave the way for future success.

In their defense, zoos assert that they serve a vital role beyond exhibition. They point out that they raise awareness of the threats facing wildlife, contribute to conservation efforts, and provide animals for re-introduction programs. While these objectives are commendable, on deeper scrutiny they may fall short of the claims.

To be fair, some zoos make genuine efforts to support conservation, research, and animal welfare, but still lack the ability to provide the appropriate environments for animals such as elephants. And many others—both zoos and circuses—fail to meet even basic standards of care.

Despite growing ethical concerns, zoos remain legal institutions, regulated by a patchwork of laws that vary from country to country. Yet legal does not equal ethical. Scientific advancements have enhanced our understanding of animal sentience—especially in species like elephants. This knowledge compels us to consider whether the purported benefits of zoos justify the ethical cost of keeping intelligent animals in confinement far removed from their natural habitats.

Sadly, Happy the Elephant will live out the rest of her life at the Bronx Zoo on 1-2 acres, which is slightly larger than a football field or a city block. That leads us ack to the original point of this article: Do we really need zoos?

Yolanda Eisenstein
President of the UIA Animal Law Commission,
Santa Fe, US

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  See https://education.nationalgeographic.org/resource/zoo/.
  Id.
  Habeas Corpus originated in English common law and is enshrined in the US Constitution, at U.S. Const. art. I, § 9, cl. 2.
  Matter of Nonhuman Rights Project, Inc. ex rel. Happy v. Breheny, 38 N.Y.3d 555, 197 N.E.3d 921, 176 N.Y.S.3d 533 (N.Y. 2022).
  Nonhuman Rights Project v. Breheny, 38 N.Y.3d at 555