A Colorado court rejected efforts to free five elephants using a legal process for human detainees, writing that it “boils down to whether an elephant is a person.”

The group argued that the Colorado elephants, born in the wild in Africa, have shown signs of brain damage because the zoo is essentially a prison for such intelligent and social creatures, known to roam for miles a day.

Colorado's highest court has ruled in favor of the Cheyenne Mountain Zoo after it was sued by an animal rights group over the alleged treatment of the five elephants at its facility.The Colorado Supreme Court ruled on Tuesday that the elephants couldn't be released because the law cited in the lawsuit only applies to humans.

The Colorado Supreme Court on Tuesday struck down a national civil rights organization’s ninth attempt to declare animals legal persons in court and secure them the right to challenge their confinement and custody.

The high court rejected arguments that elephants qualify as “persons” under state law and suggested animal advocates turn to the legislative branch to expand legal rights.