EDMONTON - A legal fight over the Edmonton zoo's only elephant is resuming early in the new year.

An appeal is to be heard Feb. 2 of a judge's decision last summer to dismiss arguments from two animal rights groups that Lucy should be moved.

People for the Ethical Treatment of Animals and Zoocheck say Lucy is suffering and should be moved to an elephant sanctuary in the United States.

PETA spokeswoman Lisa Wathne says a judge needs to reconsider the earlier ruling that said the groups had no standing in court and should instead have filed a complaint with the humane society.

"A judge needs to look at the merits of the case and we think that once that happens it will be very easily determined that the zoo and the city are violating provincial law by keeping Lucy in an unending state of distress," Wathne said Tuesday from Seattle.

The city has always said the 35-year-old elephant is comfortable in her familiar surroundings and moving her could kill her.

"We know she has difficulty breathing," said city spokesman Robert Moyles. "That's made worse by stress, which is why we won't move her. It could risk her life if she was moved."

In another development, lawyer Clayton Ruby, who acts for the animal rights groups, has asked Alberta's privacy commissioner to look into the restricted access the city is giving of a Lucy video.

They say footage taken of her trunk through an endoscope could help determine the severity of her upper respiratory problems. The city won't provide a copy of the video and instead requires that an appointment be made to watch it at city offices and in the presence of the zoo's veterinarian.

That has made it "virtually impossible" for international elephant experts to view the video.

"The elephant experts who we would ask to see this video are all over the world," Wathne said. "Probably the closest one is in California, so it certainly is not reasonable to expect people to have to fly in from California or other parts of the world to view a videotape."

Moyles defended the city's position.

"We prefer to really work closely with experts in understanding her condition, which is why we want people to come and view the video with our veterinarian," he said. "Video is really only one piece of information about her condition."

The zoo and the city shouldn't wait for the appeal's outcome to move Lucy, Wathne added.

"There's no reason that Lucy needs to suffer through the rest of this winter in Edmonton. She could be moved and start her healing process immediately."

The fight to move Lucy has been backed by retired game show host Bob Barker, actor William Shatner and former hockey player Georges Laraque. Earlier this month, Laraque offered to pay the city $100,000 if Lucy is moved.