The fight over the fate of Lucy the Elephant is now heading to court after PETA and Zoocheck have decided to take formal action against the City of Edmonton.
The animal rights groups have hired high-profile lawyer Clayton Ruby to present the case, which is now headed to a courtroom.
"What the Edmonton Zoo has done for whatever reason is to ensure they have created a very sick elephant," said Ruby.
Zoocheck and PETA are now seeking a declaratory judgment. The suit alleges the city is harming the elephant by keeping her in Edmonton, and that by living alone in subzero temperatures in a small cage is cruel. The groups have argued the city is breaching Alberta's Animal Protection Act by allowing Lucy to live "in distress".
"Solitary confinement is cruel and unusual for humans and is distress for Lucy," said Ruby.
Both groups have said they will drop their case if the City of Edmonton can prove Lucy is too sick to be moved to California.
City councillor Amarjeet Sohi is now downplaying the group's demands.
"Our bottom line is that we need to make a decision what is best for Lucy and we believe that keeping Lucy here in the city at this time is best that we can do for her."
Back in Dec., zoo officials reported Lucy had dropped 400 pounds after one month of being placed on a new fitness regime.
Valley Zoo officials said the animal's weight loss is equivalent to the size of an adult black bear.
Zookeepers said they were hoping Lucy can shed a 1,000 pounds overall to help improve her health and ease her symptoms of arthritis.
The zoo said more sand and rubber mats were added to make it easier for the elephant to walk around the sanctuary.
"We may not live up to their standards PETA and Zoocheck but their standards are not the law," said the city's lawyer Steven Phipps.
The matter will be in court March 1st.
With files from Serena Mah and the Canadian Press
