Is ‘personhood’ the same as being human?

A New York state judge will soon decide whether chimpanzees have the right to “legal personhood.” If victorious, a 26-year-old chimp named Tommy could pave the way for more animals to have similar rights and protections.

In some parts of the world, dolphins are already considered “nonhuman persons.” What we know about such animals is that they are not only sentient, but also emotional and intelligent creatures with unique personalities, preferences and decision-making skills.

Representing Tommy is attorney Steven Wise of the Nonhuman Rights Project. He is arguing for Tommy to be moved from a solitary cage to a sanctuary in Florida that mirrors the animal’s natural habitat.

“He’s detained against his will,”  Steven M. Wise, the president of the rights group, who argued the case, told the New York Times, adding that no chimpanzee would choose to live “in the conditions in which he’s living.”

“He can understand the past, he can anticipate the future,” Mr. Wise said, “and he suffers as much in solitary confinement as a human being.”

Humans have long had confounding relationships with the animal kingdom. On one hand, we allow the torture and slaughter of billions of animals each year to serve as a source of food–much of which has gone from being simple commodity items like eggs or milk, into unnecessary processed junk foods like bacon-wrapped pizza crusts. These are animals, mind you (pigs, chickens and cows, shrimp and lobsters), which many people approach with a lack of respect—even find “disgusting” in their pre-sandwich, nugget or cured, smoked bacony form—yet have no problem eating once they’ve been rendered unidentifiable.

On the other hand, we snuggle up in bed with dogs, cats, rabbits, lizards, even birds—animals often treated as legitimate family members when pigs, chickens or cows may be just as intelligent, curious and emotional as our pets, if not more so. Then there are the zoos, marine parks and circuses, where animals exist in unnaturally cruel conditions solely for our entertainment. There are animals we choose to wear, animals whose eyes we pour deodorant, perfume and shampoo into so that we can smell like our favorite celebrities without looking like the animals we torture to do so.

So it’s no surprise that the conversation over personhood for nonhumans is rife with controversy. Even as the vegan diet is earning more mainstream recognition both for health and ethical reasons, many people still hold a strong sense of entitlement and dominion over the animal kingdom. I’d argue that it’s our own fear and disquiet that calls us to seek distraction in exerting power over others. We’ve done this to humans we’ve seen as “lesser” countless times over. And it’s never amounted to a benefit to society. It has only led to war.

Arguing that nonhuman personhood would make human personhood difficult to maintain, Richard Cupp, a professor at Pepperdine Law School, told the Japan Times: “We could see over time some of our most vulnerable humans losing out in a rights struggle if they’re in direct competition with some particularly intelligent nonhuman animals,” he said. “We could have the personhood paradigm weakened by extending it to animals.”

But what if it had the opposite effect? After all, it’s not like recognizing nonhuman personhood means we have to suddenly provide clothing, Park Avenue apartments and salaried jobs to dolphins. We just have to stop capturing, torturing and slaughtering them is all.

Aside from all the rights we intentionally take away from animals, we are now also inadvertently, ignorantly, and irresponsibly disrupting animal species the world over. In the past half-century, wild animal populations have declined by 50 percent. There’s not a single black rhinoceros living in the wild anymore. If that isn’t just a little bit heartbreaking, look at what climate change is doing: altering the composition of sea ice so drastically that it recently displaced some 35,000 walruses in Alaska. Animals who live “in the wild” are now essentially homeless.

Do we really want to live in a world where there are no more walruses or Kodiak bears in Alaska? No more lions in the Serengeti, no more orangutans in Borneo, no more moose, wolves, elk in Colorado? Just billions of meaty livestock animals we find repulsive while alive suffering in dark, dank factory farms until we turn them into Spam?

The question isn’t whether or not a chimpanzee or a dolphin or a pig is a person, the question is whether we have the right to tell them they’re not; whether we get to decide who gets to experience life on their own terms.

Despite our transgressions and our egregious mistreatment of animals over the course of our existence, it is possible to will our own evolution and to embrace the fundamental rights of our fellow earthlings. For those of you who can’t imagine giving up meat, eggs, fish or dairy from your diet, that doesn’t mean you have to. But it might mean that your choices can no longer include cheap, processed factory farm animal products (which aren’t doing your personal health any favors either, by the way). It might mean that the only fur coats and clothing in circulation are vintage pieces—relics of our outgrown naiveté. It might mean that if you want to see a killer whale make a splash that you take a trip to Puget Sound. If you want to see an elephant standing on one leg or a tiger running in circles, you save up for a trip to Africa or Asia.

These aren’t sacrifices, or even sorry substitutions. These are adventures of a lifetime, one a zoo, a circus or SeaWorld can never come close to replicating, despite the marketing gimmicks they’ll use to tell you otherwise. Animal captivity—no matter for what purpose—all share one common denominator: that of making some human person(s) money. But it’s all coming at a cost our conscience can no longer afford. One we will never be able to explain to our grandchildren without the guilt and shame it deserves.

Compassion isn’t a weakness; it’s a strength that separates humans from many of the other nonhuman persons on earth. Personhood for all creatures inherently exists, it’s just a question of whether or not humans are finally willing to accept and acknowledge it. Once and for all.

Find Jill on Twitter @jillettinger

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Hey, SeaWorld, how much clearer can it get? That’s the question million of American are asking the aquatic theme park under fire for its mistreatment of captive orcas. Now, with support from Assemblyman Richard Bloom (D-Santa Monica), California may soon make it illegal to keep orcas in captivity for use as entertainment. This. Is. Huge. Not just for the the whales (but mostly), but also for other captive animals including dolphins and circus animals. Once the treatment of orcas comes correct, it’s only a matter of time before it happens for other animals forced into the entertainment business.

According to a statement released by Bloom’s office, the Orca Welfare and Safety Act (AB 2140) would eliminate the use of orcas in performance-based entertainment, and it would also do away with captive breeding programs—the goal being to phase out all orca captivity in California.

“There is no justification for the continued captive display of orcas for entertainment purposes,” Bloom said in the release. “These beautiful creatures are much too large and far too intelligent to be confined in small, concrete tanks for their entire lives. It is time to end the practice of keeping orcas captive for human amusement.”

Bloom added, “In their natural habitat orcas are family-oriented, highly adaptable, socially-complex with cultural traditions and trail only humans as the most intelligent creatures on this planet. However, in captivity, they have shorter lifespans, show increased health problems, live in swimming pool sized habitat that are approximately one ten-thousandth the required size and demonstrate aggressive behavior towards one another and towards humans that has never been documented in the wild. They simply do not belong in captivity.”

SeaWorld once again rebuffed the accusations that it mistreats its animals, criticizing Bloom for associating with “extreme animal rights activists, many of whom regularly campaign against SeaWorld and other accredited marine mammal parks and institutions.” Gabriela Cowperthwaite, Director of “Blackfish” joined Bloom at his office for the press conference. SeaWorld called out PETA (People for the Ethical Treatment of Animals) for a “meritless claim that animals in human care should be considered slaves under the 13th amendment of the US Constitution.”

But people aren’t buying it; SeaWorld’s reputation may only recover with a complete makeover. Jared Goodman, Director of Animal Law at the People for the Ethical Treatment of Animals said the only humane solution for the theme park was to fund coastal sanctuaries–a move that could happen if the theme park’s stock continue to drop.

“We engage in business practices that are responsible, sustainable and reflective of the balanced values all Americans share,” SeaWorld spokesman David Koontz said about the theme park.

The news comes on the heels of leaked documents that allege SeaWorld drugs its orcas with benzodiazepines—drugs found in Valium and Xanax— to keep the intelligent, emotional animals complacent in captivity.

[Editor’s note: Sacramento Fox News 40 reports that on April 8, Committee members voted that AB 2140 will be tabled until at least next year.]

Find Jill on Twitter @jillettinger

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The post California Assemblyman Moves to Ban SeaWorld’s Captive Orcas appeared first on EcoSalon.

SeaWorld has been in hot water ever since the documentary “Blackfish” came out last summer. And now, the marine park is being accused of drugging its killer whales.

An affidavit filed in Ontario Superior Court of Justice, and leaked to BuzzFeed, claims that SeaWorld routinely gives benzodiazepines—drugs found in Valium and Xanax—to orcas suffering from mental health issues as a direct result of being in captivity.

Jared Goodman, Director of Animal Law at the People for the Ethical Treatment of Animals (PETA), told BuzzFeed that the veterinary records show that “orcas at SeaWorld are given psychotropic drugs to stop them from acting aggressively towards each other in the stressful, frustrating conditions in which they’re confined instead of funding the development of coastal sanctuaries – the only humane solution. ”

According to BuzzFeed, SeaWorld spokesperson Fred Jacobs defended the medication in an emailed statement: “Benzodiazepines are sometimes used in veterinary medicine for the care and treatment of animals, both domestic and in a zoological setting,” Jacobs said. “These medications can be used for sedation for medical procedures, premedication prior to general anesthesia, and for the control of seizures. The use of benzodiazepines is regulated, and these medications are only prescribed to animals by a veterinarian. Their use for cetacean healthcare, including killer whales, is limited, infrequent, and only as clinically indicated based on the assessment of the attending veterinarian. There is no higher priority for SeaWorld than the health and well-being of the animals in its care.”

But critics of SeaWorld say the drugs are only necessary because the highly intelligent animals aren’t able to deal with spending years—decades in some cases—in captivity. It’s the reason Tilikum, the orca at the center of the “Blackfish” documentary, has killed humans, his former trainers state in the film. Tilikum has spent more than 30 years in captivity and been linked to the deaths of three humans.

Orca Research Trust founder, Ingrid Visser, told BuzzFeed the drugs are likely treating a condition “caused by captivity,” and that their violence stems directly from stress as opposed to an inherent animal trait. “They do not cope with being kept in these tanks. They survive to some degree, but they don’t thrive to any degree,” Visser said. “They show stereotypical behaviors that are abnormal, repetitive behaviors like head bobbing, chewing on concrete, and self mutilation by banging the side of their heads on the side of the tank, and there isn’t a single orca living in captivity where you cannot see one of these behaviors, and in many of them you see multiple examples of these behaviors.”

Activists and animal rights groups are calling on supporters to use the hashtag #EndSeaWorld on Twitter and Instagram to help bring awareness to the plight of captive marine mammals.

Find Jill on Twitter @jillettinger

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#EndSeaWorld

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Cute, cuddly and hooked on Viagra? What are zoos doing to pandas? Should we even be breeding endangered species destined to live in captivity?

One-sixth of the world’s endangered panda population lives in captivity (approximate numbers put the total population in the wild and in captivity at about 2,000). A recent article in the New Yorker looked at the difficulty zoos and sanctuaries have in breeding pandas—creatures notoriously fickle when it comes to sex, and with short fertility windows to boot. Just a half-century ago, it was believed to be impossible to breed captive pandas. Success has come though, but not without extreme and bizarre efforts. Some zoos have introduced “panda porn”, which is exactly what it sounds like, and in some cases, they’re giving males Viagra, in attempts to encourage mating.

If there’s one argument zoos and aquariums routinely make over keeping captive animals, it’s that they’re employing state-of-the-art breeding techniques to perpetuate some of the world’s most beloved endangered species, like pandas. But that’s only kind of true.

While captive breeding can lead to offspring of threatened or endangered species, many of those animals often stay in captivity as well. Reintroduction is costly and often fails. A tiger, panda or orca born in captivity may certainly look the part, but she lacks the resume we seek in wild animals. Behaviors are abnormal; the animals can suffer from depression and diseases not seen in the wild. And on the ethical front it certainly opens up a dialogue: What do we gain by keeping fuzzy prisoners in unnatural environments? Should more efforts be put on wild animal conservation in their natural habitats than in captive breeding efforts?

In China, some pandas are being bred in sanctuary settings like those in Wolong and Shangdong, where they’re kept from human contact (handlers don panda suits…seriously) so that babies can be introduced into the wild, while maintaining a (valuable) fear of humans. The programs have been successful in replenishing regional panda populations, but only slightly. Reintroduction to the wild is not as simple as opening a cage; an animal bred in captivity is more often than not, significantly unequipped for handling freedom.

Drawing crowds at places like the National Zoo in Washington D.C. or San Diego’s Zoo, particularly when breeding methods are successful, thriving captive animal breeding perpetuates captivity, keeping zoos and aquariums profit-driven focused first and foremost. More wild swaths of habitat are deforested to build factories to make the stuffed pandas, killer whales and polar bears that the zoos and aquariums hope you’ll purchase on your way out.

Pixar’s recent decision to change the ending of the forthcoming film “Finding Dory” (the sequel to “Finding Nemo”) was inspired by the film “Blackfish“, a documentary that highlights the unimaginable life of captive orcas SeaWorld has been holding prisoner for decades. “Dory’s” director made the decision to change the ending so as not make a film that would be looked back on in 50 years as politically incorrect and insulting.

Africa’s black rhinoceros was recently declared extinct from the wild. Credit can go to poaching as well as insufficient conservation efforts. There was little media attention over the loss of one of the world’s most unique and awe-inspiring creatures. Perhaps that’s because nearly 300 though, are still alive in captivity. Like the panda, mating in captivity is difficult for the rhino. Mothers often reject their young. Formulating a rhino-milk knock-off isn’t easy. Babies develop health issues, which, along with the other sacrifices captivity requires, create behavioral issues we can’t fully even understand as most zookeepers have never observed these animals in their natural habitat.

If humans are able to stop destroying environments other creatures have called home for at least as long as we’ve been here, perhaps some of these other species have a chance to survive. And without the exploitative breeding methods that erode their natural majesty. But for those species where it’s just a matter of time, at what point do we acknowledge that we’ve erased suitable environments for these animals to thrive and just let them die-off as gracefully as possible?

Keep in touch with Jill on Twitter @jillettinger

Image: Adrien Sifre Photography

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“Finding Dory” the sequel to the popular 2003 hit “Finding Nemo” has been rewritten to support the release of captive marine animals.

Originally set to end with the aquatic cast all moving into a marine-based theme park, the writers and producers of “Finding Dory” have now altered the film’s ending, and the recent documentary “Blackfish” may have something to do with it, reports the Los Angeles Times, “[with] questions about the health of whales in captivity, the studio decided to make substantial changes to the “Dory” script.”

“Blackfish” is a powerful documentary that tells the story of a SeaWorld trainer killed by Tilikum, the largest orca whale in captivity. Several of his former SeaWorld trainers are featured in the film and share candid first-hand experiences of what it’s like keeping captive marine animals in such unnatural environments, and why it’s likely that Tilikum turned on his trainer.

According to the Times, after viewing “Blackfish,” both Pixar’s chief creative officer and “Finding Dory” director met with “Blackfish” director, Gabriela Cowperthwaite and ultimately reworked the film’s ending, giving the characters a choice as to whether or not they want to stay at the marine park. “They told Gabriela they didn’t want to look back on this film in 50 years and have it be their ‘Song of the South,'” a reference to the 1946 Disney musical that was widely viewed to be racist.”

Another factor may be the actress playing Dory, talk show host and comedienne Ellen DeGeneres, who has been an outspoken advocate for animal rights. While she hasn’t confirmed whether or not she voiced any concern over the original film ending and its message about captive marine animals, it’s likely she’s more inclined to see the characters swim out to sea rather than around and around in a salinated bath tub.

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Keep in touch with Jill on Twitter @jillettinger

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Costa Rica is freeing the nation’s zoo animals  by next year, seeking a more ‘natural’ experience for its residents and visitors.

One of only four countries in the world that has banned live dolphin performances, Costa Rica recognizes dolphins as non-human persons, and moved away from forcing them to perform in captivity. In 2002, the country also banned circuses that use animals in performances. And now, the Latin American country says it will do the same for all caged zoo animals in the nation’s zoo exhibits.

Costa Rica has no army and spends much of its resources instead on environmental conservation and education. According to the country’s Environment Minister, Rene Castro, capital city San Jose will turn its 97-year-old Simon Bolivar zoo into an educational and environmentally-friendly botanical park next year. The Santa Ana Conservation Center, another zoo west of San Jose, will also close. More than 400 zoo animals from both facilities will be either released into the wild or sent to rescue centers or sanctuaries to live out the rest of their days.

“We’re going to get rid of cages and reinforce the concept of a botanical park so the biodiversity can be shown and interacted with in a natural manner. We don’t want any more captivity, any more caging of animals, unless it’s because they’re being rescued or saved,” said Castro in a bold move that illustrates the inhumane nature of keeping animals in captivity, particularly when so many species are threatened or endangered around the world.

Adding to the emotional decision, Castro shared a memory from his childhood, where his grandmother’s parrot left her porch for good: “One day, we took the parrot out to the patio, and a flock of wild parrots passed, and the parrot went with them,” he told La Nacion. “It made a big impression on me because I thought that we were taking good care of her. We fed her with food and affection. … all these things that we as humans thought she liked. And when she had the chance, she left.”

Zoo animals, while often appear to like their natural-looking exhibits, can experience a number of problems. From zoocosis—a condition that leads to bizarre animal behavior sometimes requiring antidepressant medication—to physical ailments from standing long periods in small enclosures, to diet-related health issues.

The documentary “Blackfish,” which is in theaters now, highlights the terrible tragedy of a SeaWorld trainer killed by Tilikum, the largest orca whale to ever live in captivity. It’s an adept commentary on the archaic practice of keeping animals in cages, or pools, as the case may be.

While considerably more animals each year are imprisoned, tortured and killed for food (tens of billions worldwide), the practice of keeping the planet’s most majestic creatures in cages is no less horrific, and perhaps even less justifiable, particularly in a country like Costa Rica where forests and jungles are naturally abundant in a number of wild animal populations.

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Keep in touch with Jill on Twitter @jillettinger

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Summer activities often don’t feel complete without an outing to the zoo or circus. But what about something a bit more animal friendly? Guilt kinda ruins a good summer, don’t you think?

Like many kids, I spent most of my childhood summers going to the zoo. I even worked there for a summer. Back then, I loved staring at all the strange looking creatures who were, without question, looking back at me. I wanted to know them, play together, cuddle up at nap time. But it didn’t take me long to realize just how unfriendly zoos actually are. Captive animals are deprived of their natural environments. While many zookeepers do genuinely care for the animals, that doesn’t make up for the loss of habitat and natural diet, or the stress and anxiety that comes with living in cramped cages and being gawked and yelled at day in and day out.

The lack of access to natural food and habitat can wreak havoc on animals’ bodies (elephants, for example, normally walk 30 miles a day in the wild). They develop more diseases that are difficult to treat, and often deadly. They also develop fertility issues, and if they do reproduce, can often reject their offspring. Many animals in zoos, circuses and other captive situations often also develop a condition called “zoochosis” where they display strange habits like walking in circles or swaying nonstop. Sometimes it’s so bad they’re given mood-altering drugs.

Not exactly animal friendly, eh?

But, observing animals is enriching—particularly to young children. Learning about other life forms is part of a healthy relationship with the world, and can bring great inspiration, compassion and curiosity. Avoiding zoos, circuses, Sea World and other captive animal situations doesn’t mean avoiding animals altogether. Check out these seven animal friendly summer activities:

1. Sanctuaries: Many circus and farm animals are fortunate enough to “retire” to animal sanctuaries, where they’re treated much better. Often given more space to roam, a more natural diet and not forced to perform or interact, they can live out their lives peacefully. Sanctuaries often host all kinds of summer activities, including tours, events and gatherings where you can learn the stories about the rescued animals and help support them.
2. Wildlife reserves: There are wildlife reserves all over the country—often just a short drive from most major cities. You may be able to view all sorts of creatures there from rare birds and mammals to fish and reptiles. Plus, they’re often free, too.
3. National Parks: Like wildlife reserves, protected National Park lands also protect some of our most majestic creatures. Visit Rocky Mountain National Park in Colorado and you just might see a bald eagle, a black bear or even a moose in their natural environment.
4. Whale watching: If you’re coastal, certain times of the year are great for whale watching. Check up on whale-watching tours to make sure they don’t try to bait or lure the animals towards the boats. They’re big enough that you won’t need much help in seeing them!
5. Bird watching: There are thousands of species of birds in the U.S. and they vary drastically by region. It’s one of the most rewarding animal experiences around, and you’ll often see lots of other critters on your outing, too.
6. Shelters: Dogs and cats are animals, too! Volunteering at an animal shelter can be an incredibly rewarding and interactive experience for you and the animals. Walk a dog, feed a rabbit, pet a cat and enjoy that connection the animals love as much as you do.
7. Your backyard: Animals are everywhere. Squirrels, raccoons, coyotes, skunks, possum, fox, lizards, deer, birds—these are just some of the animals common in North American yards, and they’re as amazing and beautiful as chimpanzees or pandas. Get to know your local fauna for the exotic creatures they really are.

Keep in touch with Jill on Twitter @jillettinger

Image: Vinoth Chandar

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