Emotional Custody Battle Gets Hairy
Landmark Custody Ruling Involves The Legal Rights Of Two Chimps In Oregon
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Custody Battle Over Chimps
Lawyers are watching a custody dispute over two chimpanzees to determine not just who's right and wrong, but whether the animals themselves have legal rights. Richard Schlesinger reports.
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The fate of chimps Jackson and Emma is in the hands a federal judge. (CBS)
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"We love them unconditionally, and they teach me things every day," Paula Muellner, executive director of Chimps Inc., told CBS News correspondent Richard Schlesinger.
Muellner runs one of those sanctuaries in Bend Oregon. She took custody of the chimps from a refuge in San Antonio, after Texas authorities charged the animals were neglected, living in overcrowded bug infested cages. And now she's fighting to keep them.
"They're like children. And to see them in such a deprived and neglectful situation, it's heartbreaking," Muellner said.
Lawyers are looking at cases like this to determine not just who's right and who's wrong, but who has rights. Specifically whether animals like Emma and Jackson or dogs and cats have rights - legal rights that courts should protect.
Legal rights for animals? It's not such a radical idea anymore. The nation's top law schools like Columbia, Harvard and Yale are actively discussing ways to expand animal rights.
Paul Waldau teaches at Yale.
"Do you think, in our lifetime, we'll see animals get rights that are protected in courts?" Schlesinger asked.
"Yes. Whether or not it's a particularly immediate breakthrough, if it takes another decade, the point is, it's clearly coming," Waldau said.
But the law has not yet caught up with the emotions in Emma and Jackson's case.
Since that rescue last spring, the Texas facility has had a change in management, the state's charges have been dropped, and Stephen Tello is the new man in charge. He denies the animals were mistreated and is building a shiny new home for Emma and Jackson. He says that's proof he's ready to take them back and deserves to.
"It's time for Emma and Jackson to come home. This is their family. We are their natural home," Tello said.
The chimps' fate is in the hands a federal judge. One day the law may require judges to consider what animals want in cases like this but for now, the judge will likely have to decide this case based solely on property rights - who owns Emma and Jackson, not who cares most for them.
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Why in the world would there be a custody battle? When the Texas facility was closed due to the negligence of simple and basic care, the chimps were in an abusive condition where they could have very well died. No animals, no lawsuit.
The kindness of the Oregon reserve saved their lives. Ella and Jackson appear to be safe and happy in the video and should stay put.
Cut and dried, even through the Texas facility has been sold and refurbished, there are plenty of abused animals to go around. Just put out the word and take your pick.
Concerning the current case between Primarily Primates and Chimps Inc., it is my understanding that Chimps Inc. signed a contract promising that they would return Emma and Jackson to Primarily Primates should the case be dropped by the Texas Attorney General''s office. After months of investigation, the case was indeed dropped, and now it''s time for Chimps Inc. to honor their contract and return Emma and Jackson to their home at Primarily Primates. This could be an expensive and lengthy trial and the money wasted on it would be better used for the animals at both Chimps Inc. and Primarily Primates.
I first met Emma when she was a baby chimpanzee who was bottle fed by the care staff. As she got older, she was introduced to another young chimpanzee named Jackson and both lived together in a indoor/outdoor nursery until they would be old enough to join a larger group of chimpanzees.
See them in their nursery: www.primarilyprimates.org.
In "Video" section.
I last saw Emma and Jackson at Primarily Primates, one week before the sanctuary was taken over by the Texas Attorney General''s office. At that time, the two of them were eating bananas, opening treat tubes, playing and swinging in the sun and looked quite happy and healthy. They were also soon to be introduced to a larger group of chimpanzees, but then the sanctuary was taken over.
After months of investigation the case was dropped, and today among many other improvements there is a quite impressive new enclosure where Emma and Jackson will live, once they are returned to the Primarily Primates. This large grass bottomed enclosure with it''s many toys and climbing structures as well as the sanctuary care staff''s plans for additional hammocks and enrichment, tells me that Primarily Primates is a place where Emma and Jackson are loved and considered part of the family. Please return them to their home.
How do I know this? I am a Texas resident who has visited Primarily Primates on many occasions over the last several years. (read my other comments below)
%u201C%u2026 You thought this right wing lunacy is the right wing lunatics fault? Its not. Its the left wing lunatics fault. You bait.. monsters.. talking about such stupid things. ... You will never believe how foolish you were.%u201D
Prove by rational argument that these are stupid things.
Charles Darwin4s theory of natural selection proved that human beings evolve according to the same evolutionary dynamics as non-human animals. Darwin showed that the difference between non-human and human animals is one of degree, not of kind. Through evolutionary theory, genetics, and neurophysiology, scientists are providing evidence that non-human animals feel and think in ways similar to ours, and that they are capable of experiencing not only simple emotions such as fear, but far more subtle and complex emotions such as love, grief, joy, pride, shame and loneliness.
Any line placed between humans and all other animals is an arbitrary line, which only symbolizes human prejudice and allows exploitation of the other animals. Discrimination based on species is no different than discrimination based on gender, physical or mental disability, race, sexual orientation, or any such inborn and irrelevant characteristics. All sentient individuals should be entitled to a basic right not to be used as a means to an end. All sentient individuals should be treated as persons not as property.
Barbara I. Biel
Chimpanzees are evolutionarily very close to humans and a recent BBC radio piece discussed that chimps have a better short term memory than humans.
The chimps at Chimps Inc. have experienced enough hardship at the Texas facility. They have been through enough. Let them stay amongst their new family in Bend, Oregon and not go through additional punishments of travel and relocation. Let''s be humane.
I have personally seen the high quality of the Chimps, Inc. facility here in Bend, Oregon. The chimps are in excellent hands.
Finally, I do hope the courts continue to codify that animals have rights by ruling in favor of Chimps, Inc.
For more information their website is chimps-inc.org.
Paul Israel, Bend, Oregon.
If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.
Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org
Brenda Hernandez
If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.
Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org
Brenda Hernandez
If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.
Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org
Brenda Hernandez
If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.
Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org
Brenda Hernandez
Daniel R. Sumner
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by amme3
January 5, 2008 10:51 PM PST
- PPI should by now, realize that they had the chance but screwed up when they neglected giving the care to these two precious little chimps (not to mentioned all the other animals at their facility) Emma and Jackson that is so essential to any animal or child. They are now receiving the care that should have been provided to them from the start of their young lives. At Chimpc, Inc. they have a very close-knit chimp family that they have bonded with and who are teaching them chimp policies, a wonderful sanctuary with indoor and outdoor facilities including a big new indoor playhouse. They are provided with lots of enrichments, healty foods, a loving staff and many dedicated volunteers to care for them. These animals are wild and should not be treated or owned as pets. Who in their right mind would agree to return them to Texas which would be as traumatic as returning a child to an unstable family where they would not receive the wonderful care and nurturing they have gotten used to and so richly deserve? Please, PPI, use the money you are spending on legal bills to upgrade every enclosure at your facility for all the animals you still have in your care, and let Emma and Jackson and the other lucky animals that were adopted out live a happy and safe live where they now are.
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See all 23 CommentsThank you CBS for airing Emma and Jackson''s story on your news program. Please help us keep positive thoughts and prayers for their future.
Karen Tepner