Cheyenne Mountain Zoo responds to dismissal of lawsuit

COLORADO SPRINGS, Colo. (KRDO) -- Cheyenne Mountain Zoo reported that an out-of-state animal rights group sued the Zoo and its CEO for the release of five elephants to a sanctuary of the group's choosing. For the past five months, the Zoo has been working with former Colorado Springs Mayor John Suthers' law firm of Brownstein Hyatt Farber Schreck to defend them in the case.

On December 3, 2023, 4th Judicial District Judge Eric Bentley denied the group's petition and sided with Cheyenne Mountain Zoo and their right to care for their elephants in their own home. Judge Bentley went on to say that even if he accepted every fact the animal rights group presented as truthful and accurate, they still do not have a legal case against the Zoo. The judge also stated that if anyone had earned the right to speak on the best interests of the elephants, it would not be this out-of-state group, but instead, Cheyenne Mountain Zoo, who has dedicated itself to animal preservation.

"This is not just a technicality. There is a legitimate question in this case as to who properly speaks for the elephants (or, in other words, who gets to be the “elephant Lorax”) – the NHRP, which represents that it wants to improve their lives by moving them to an accredited elephant sanctuary, or the Zoo, which has fed them, nurtured them, and taken care of them for many years. It appears to be the Zoo, and not the NHRP, that has the more significant relationship with Missy, Kimba, Lucky, LouLou, and Jambo."

4th Judicial District Judge Eric Bentley

The judge did deny the Zoo's request for attorney's fees.

"While it is a relief to get over this first hurdle, it is sad to know that we will continue to pay significant legal fees to further defend ourselves after this group has lost so many times and wasted so much of the court's and four different accredited zoos’ time. This out-of-state group makes money off of our distraction from our mission of saving animals from extinction.”

Bob Chastain, President and CEO of Cheyenne Mountain Zoo