Posted on 10/26/2011 5:11:02 AM PDT by South40
SeaWorld's orcas have been illegally enslaved for years and should be freed under the Constitution's 13th amendment, asserts a lawsuit that will be filed Wednesday in San Diego.
The legal action, which is being taken by the People for the Ethical Treatment of Animals (PETA) following 18 months of preparation, specifically seeks a legal declaration that the five killer whales that perform at SeaWorld's San Diego and Orlando parks are being held as slaves in violation of the 13th amendment's ban on slavery.
Further, the lawsuit asks that they eventually be released into their natural habitat under the supervision of an international team of orca experts.
Joining PETA in the lawsuit are a team of international orca experts and two former SeaWorld trainers, said PETA attorney Jeff Kerr.
Kerr boasts that it's the first lawsuit of its kind to apply the constitutional ban on slavery to animals. SeaWorld counters that it's baseless and "in many ways offensive."
"PETA has once again showed that it prefers publicity stunts to the hard work of caring for, rescuing and helping animals," said a statement from SeaWorld.
The plaintiffs in the suit, which will be filed in U.S. District Court, are in fact the five orcas: Corky, Kasatka and Ulises, who call SeaWorld San Diego home, and Tilikum and Katina based at the Orlando park.
Tilikum achieved notoriety last year when Dawn Brancheau, a SeaWorld trainer in Orlando, died after the 12,000-pound orca dragged her into the pool and battered her, as spectators looked on.
"Each of these five wild-captured orcas was forcibly seized from their homes and families and are held captive in concrete boxes that causes them great stress and illness," Kerr said. "They're forced to perform tricks for SeaWorld profit and have been turned into virtual breeding machines to create more performers for SeaWorld shows."
While the PETA lawsuit is certain to attract considerable attention, it's unlikely it will prevail in a court of law, believes San Diego law professor Glenn Smith.
"It certainly is a very unusual and innovative use of the constitution, even though theyre right, the 13th amendment doesnt specifically mention humans," said Smith, who teaches constitutional law at California Western School of Law. "But when you talk about the original intentions of the framers of the 13th amendment, they were talking about African American slaves.
"I never say never, but this is definitely a stretch of constitutional provision to cover non-humans, so I doubt if present legal authorities would be willing to go that far."
While SeaWorld noted that it does not normally comment on a lawsuit that it has not yet seen, it sought Tuesday to underscore the high priority it places on animal welfare. It pointed out the parks must comply with a wide array of laws governing the care of all its animals.
"Today, while PETA was issuing news releases comparing the care for animals in zoological institutions to the abhorrent institution of human slavery, SeaWorld San Diego was returning a rehabilitated green sea turtle to the wild," noted SeaWorld's statement. "That animal is one of more than 20,000 rescued in SeaWorlds long history."
Lol!! There was a time when the media would not even report such complete and obvious idiocy....
Lol!! There was a time when the media would not even report such complete and obvious idiocy....
I like this comment found at the source.
"So does this mean if these Orcas are going to be considered protected under the 13th Amendment, then all the laws should apply to them. First up, Send Tilikum to prison or Death row for the wanton killing of Dawn Brancheau. Any great white shark that kills someone gets the electric chair or similar. Lock up those seals on Childrens Beach for loitering and unlawful assembly."
I think that to have constitutional rights you have to be worth more than 3/5 of a man. At least, that is the precident set back in the 1800’s.
Down with slave labor!
Who is worrying about whales? According to 0bama and Holder, American citizens no longer have Constitutional rights. Besides, The Constitution no longer applies, otherwise 0bama would be in supermax for being a usurper.
FUBO GTFO! 452 Days until Noon Jan 20, 2013
I would hope that the court makes the peta assholes pay all legal costs.
ML/NJ
Yeah. Lots and lots of two legged pet companions release their 4 leggers out here. We’ve had dogs, cats, and horses “returned to the wild” when they are no longer the phase people go through.
What happens? They turn feral and attack our livestock. Actually the horses wander about attacking fruit trees.
Animals conditioned in Sea World will not “naturally” return to the wild. Ya’ can’t set Shamu free without the realization that you might be in effect signing a death warrant.
Oh - never mind - I see its the PETA/ELF people again.
Yes they do. IF they are not illegal immigrants!
Tyrants Gun-Walker AG:
They have more rights than you stupid American fools."
Yes, of course they do! They are citizens of the world!
The sarcasm here is not because they shouldn’t be treated as decently as possible, but because if you buy into this, how can you discriminate against human beings who are merely undocumented?
“Do SeaWorld’s whales have constitutional rights?”
What kind of stupid question is that? Of course they do! Not only are they entitled to a court appointed lawyer, but they can and should sue based on the thirteenth amendment, for involuntary servitude, for species profiling, for trainer brutality, for whaleknapping, for civil rights violations. It should be a class action on behalf of all whales similarly situated, they should be entitled to legal fees, punitive damages, affirmative action admission to Harvard Law School, voting rights, driver’s licenses, free housing, free medical care, food stamps, public education, in-state tuition, free admission to all national parks and museums, exemption from taxes and military service and a corner office at the Fortune 500 company of their choice with stock options, expense accounts and a table at Sardine’s. Oh, yeah, which reminds me: all the plankton they can eat buffet.
For anyone having a rough morning: /s
I make jokes about voting rights for animals, but I wouldn’t be surprised if they try.
So in the minds of the ACLU goons, blacks are animals who are protected by the 13th Amendment and orcas are too.
Indeed we must free all those likewise enslaved. Free the cattle, the swine, the chickens and the green beans! All held captive, and many forced to reproduce with out their expressed permission. Free the lab rats and the bacteria cultures.. Free them all.
Save the Whales PETA nutcase ping.
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