San Diego - A federal judge has thrown out an animal rights group's lawsuit accusing SeaWorld of enslaving captive killer whales, ruling that orcas had no standing to seek the same constitutional rights as people.
People for the Ethical Treatment of Animals, or Peta, had accused the chain of aquatic theme parks of violating the rights of whales under the 13th Amendent of the US Constitution, which abolished slavery in the United States.
The lawsuit, filed in US District Court in San Diego, listed five performing orcas at SeaWorld's parks in California and Florida - Tilikum, Katina, Corky, Kasatka and Ulises - as plaintiffs in the complaint.
"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 judge added.
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".
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".
Animals have legal rights
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 World War Two with a campaign that compared the meat industry to the Holocaust.
Colleen O'Brien, a spokesperson for Peta, said in a statement that her organisation would regroup as a result of the dismissal of what it called "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.
Miller said 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.
LOL!
Thats a good argument you have there! Are u a lawyer by any chance?
In defense of all orcas/ killer whales:
I think when you take a wild animal out of their natural habitats, confine them within relatively limited spaces, 'train' them to perform tricks, and expect them to behave in a human-like manner.......we should foresee such violent reactions.
Animal rights group Peta says it has long been asking SeaWorld to stop taking wild, ocean-going mammals and confining them to an area that, to them, is "the size of a bathtub".
These poor creatures!
The victim is not the trainer of the killer whale (why are we trying to 'train' them?) - who unfortunately found her fate in its jaws......but rather the orcas itself.
What business does a human have, in swimming with and training 12 000 lb mammals?
Viva to the orcas.....who is fighting for his freedom!
I think this is both cruelty to animals, as well as slavery......would this be occuring, if not financial gain?
ZURICH (Reuters) - Switzerland's lower house voted on Tuesday to ban the keeping of dolphins in zoo aquariums or for entertainment purposes following the deaths last year of three dolphins at a Swiss theme park.
The surprise vote was welcomed by Antoine Goetschel, Switzerland's first "animal lawyer", who urged the upper house to endorse the ban.
"I am pleased that keeping animals in this kind of way is viewed across party lines as unacceptable and to be banned," Goetschel told Reuters. He is seen as a legal advocate for pets, livestock and wildlife in the canton of Zurich.
The vote follows criticism from animal rights activists following the death of three dolphins last year at Connyland, a water theme park in Lipperswil, Switzerland.
Connyland has rejected local veterinary officials' finding that the deaths were linked to antibiotics the dolphins were being treated with, and maintained instead that the animals were poisoned. A spokesman said the water park is pursuing its own investigation through foreign experts into the cause of the deaths.
Connyland is the only theme park or zoo in Switzerland that keeps dolphins. The curator of Zurich's zoo said that while the zoo did not keep dolphins, it opposed a ban and favoured clearer guidelines on keeping aquatic mammals.
Swiss non-profit group Ocean Care, which has pursued criminal proceedings against Connyland over the dolphin deaths, also welcomed the Swiss parliament's decision.
i dont think these things are evil. training animals or euthanising them and dissecting them for humanly benefit.
Help me to escape from this existence
I yearn for an answer... can you help me?
I'm drowning in a sea of abused visions and shattered dreams
In somnolent illusion... I'm paralyzed
Hey there! Looks like you're enjoying the discussion, but you're not signed up for an account.
When you create an account, we remember exactly what you've read, so you always come right back where you left off. You also get notifications, here and via email, whenever new posts are made. And you can like posts and share your thoughts. Sign Up
Snowflake liked this post
Hide
Looks like you're enjoying the discussion, but you're not signed up for an account.
Posting Permissions
Bookmarks