Whales not slaves because they are not people, judge in SeaWorld case rules

A US federal judge has thrown out an animal rights group's lawsuit accusing SeaWorld of enslaving captive killer whales, ruling that orcas have no standing to seek the same constitutional rights as people.

People for the Ethical Treatment of Animals (Peta) had accused the chain of aquatic theme parks of violating the rights of whales under the 13th amendment of the US constitution, which abolished slavery.

The lawsuit, filed in the US district court of San Diego, listed as plaintiffs five performing orcas at SeaWorld's parks in California and Florida: Tilikum, Katina, Corky, Kasatka and Ulises.

"The only reasonable interpretation of the 13th amendment's plain language is that it applies to persons and not to non-persons such as orcas," US district judge Jeffrey Miller wrote in his ruling.

"Both historic and contemporary sources reveal that the term 'slavery' and 'involuntary servitude' refer only to persons."

The 13th amendment was enacted in 1865, the year the US civil war ended.

Legal experts previously denounced as frivolous the Peta lawsuit, which had sought a court order requiring SeaWorld to release the five killer whales to a "suitable habitat".

Miller noted in his ruling that animals did have legal rights under state and federal statutes, including criminal laws.

He added the "goal" of Peta attorneys who brought the lawsuit "to protect the welfare of orcas is laudable" even if the 13th Amendment was not the correct way to approach the case.

David Steinberg, a professor at the Thomas Jefferson School of Law in San Diego, told Reuters when the lawsuit was filed in October that it was "demeaning [to] the integrity and humanity of people who were owned as slaves".

Virginia-based Peta has staked out a number of controversial positions in the past in seeking to advance the cause of animal rights.

In 2003 the Anti-Defamation League accused Peta of trivialising the deaths of Jews in the second world war with a campaign that compared the meat industry to the Holocaust.

Colleen O'Brien, a spokeswoman for Peta, said in a statement that her organisation would regroup as a result of the dismissal of "this historic first case" on behalf of orcas.

"Today's decision does not change the fact that the orcas who once lived naturally wild and free are today kept as slaves by SeaWorld," O'Brien said.

http://www.guardian.co.uk/environment/2012/feb/09/whales-not-slaves-judge-seaworld

SeaWorld sued over 'enslaved' killer whales

Five killer whales have been named as plaintiffs in a lawsuit which argues they deserve the same constitutional protection from slavery as humans.

A US judge is considering a complaint by People for the Ethical Treatment of Animals' (Peta) against SeaWorld.

It is reportedly the first time a US court has heard legal arguments over whether animals should enjoy the same constitutional protections as humans.

SeaWorld's legal team said the case was a waste of time and resources.

The marine park's lawyer, Theodore Shaw, told the court in San Diego: "Neither orcas nor any other animal were included in the 'We the people'... when the Constitution was adopted."

He said that if the case were successful, it could have implications not just on how other marine parks or zoos operate, but even on the police use of sniffer dogs to detect bombs and drugs.

'Historic case'

Peta says the killer whales are treated like slaves for being forced to live in tanks and perform daily at the SeaWorld parks in California and Florida.

It is not considered likely that the whales will win their freedom, but campaigners said they were pleased the case even made it to a courtroom.

The lawsuit invokes the 13th Amendment to the constitution, which abolished "slavery or involuntary servitude" in the US.

Jeffrey Kerr, the lawyer representing the five whales, said: "For the first time in our nation's history, a federal court heard arguments as to whether living, breathing, feeling beings have rights and can be enslaved simply because they happen to not have been born human.

"By any definition these orcas have been enslaved here."

Hearing the arguments for about an hour, US District Judge Jeffrey Miller raised concerns over whether animals could be represented as plaintiffs in a lawsuit.

He will issue a ruling at a later date.

Peta names the five wild-captured orca plaintiffs as Tilikum and Katina, at SeaWorld Orlando; and Kasatka, Corky, and Ulises, at SeaWorld San Diego.

It is not Tilikum's first time in the media spotlight - he drowned his trainer before horrified spectators in February 2010, prompting a ban on the Florida park's employees entering the water to perform tricks with the orcas.

The same whale has also been linked to two other deaths.

http://www.bbc.co.uk/news/world-us-canada-16920866

PETA Sues SeaWorld Under US Slavery Law

An animal rights group has sued SeaWorld on behalf of its whales under an American law abolishing slavery.

People for the Ethical Treatment of Animals (PETA) claim the chain of theme parks violate the rights of killer whales under the 13th Amendment of the US Constitution.

Five performing whales at SeaWorld - Tilikum, Katina, Corky, Kasatka, and Ulises - are listed as plaintiffs in the complaint.

"All five of these orcas were violently seized from the ocean and taken from their families as babies," said PETA president Ingrid Newkirk.

"They are denied freedom and everything else that is natural and important to them while kept in small concrete tanks and reduced to performing stupid tricks," she said.

SeaWorld San Diego labelled the lawsuit, filed in the city on Tuesday, as "offensive".

A park statement said that PETA's efforts to "extend the Thirteenth Amendment's solemn protections beyond human beings is baseless and in many ways offensive."

David Steinberg, a professor at the Thomas Jefferson School of Law in San Diego, called the suit "patently, absolutely frivolous".

"The 13th Amendment abolished the abhorrent, despicable practice of the slavery of human beings," he said.

"PETA is demeaning the integrity and humanity of people who were owned as slaves. That is outrageous."

The lawsuit seeks a court order requiring SeaWorld to release the five killer whales to a "suitable habitat".

One of the whales, Tilikum , killed a trainer in Orlando last year by dragging her underwater. The incident raised an outcry about safety and animal rights.

The suit lists PETA and two former SeaWorld employees who have become activists opposing the captivity of marine mammals as "next friends" bringing the suit on behalf of the whales.

PETA, famous for its "I'd Rather Go Naked Than Wear Fur" campaign, has undertaken a number of controversial actions in the past in seeking to advance the cause of animal rights.

http://uk.news.yahoo.com/peta-sues-seaworld-under-us-slavery-law-113514843.html