Judge: Whales Are 'Non-Persons,' So Seaworld's 'Enslavement' OK

[marmar]

Published on Thursday, February 9, 2012 by Common Dreams
Judge: Whales Are 'Non-Persons,' So Seaworld's 'Enslavement' OK

- Common Dreams staff


A US district judge dismissed a lawsuit brought by the animal rights group PETA (People for the Ethical Treatment of Animals) against SeaWorld yesterday, saying that the suit -- which aimed to free five orca whales held by the amusement park company -- had no standing because the 13th amendment of the US consitution does not protect the right of 'non-persons.'

“Tilikum, Katina, Kasatka, Ulises and Corky have been captive and subjected to treatment that we feel is slavery,” said PETA attorney Jeffrey Kerr prior to the ruling. PETA had wanted the orcas released into a coastal sanctuary, acknowledging they probably wouldn’t survive in the open ocean.

But the ruling did not fall in favor of the whales, or PETA.

"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. ...............(more)

The complete piece is at: http://www.commondreams.org/headline/2012/02/09-2

[JohnnyRingo]

1. I love animals, but the judge made a true enough statement.

I thought PETA was out on a thin legal limb on this case to begin with, and if they want to ban animal use for the purpose of entertainment, they have their work cut out for them. I hope they didn't waste too much of their donor's precious money pursuing this slavery case in court, and I hope they further curb likely fruitless appeals.

In my opinion, the best PETA can do in this endeavor is educate the public and sway the consumer's sentiment away from paying to see animals perform. Even there, I doubt the majority sees this issue in the same light as PETA, but a few billboards and TV spots can go a long way for their cause.

[Hell Hath No Fury]

2. As to be expected.

But, I think all legal challenging as to the status of animals is a good thing.

[kctim]

3. Another waste of The Peoples time and money

[Brother Buzz]

4. Incorporate the whales and refile the lawsuit - problem solved

Simple, no?

[joeybee12]

5. +1

Whales, Inc.

[Johonny]

7. +1

[renie408]

12. Two thumbs up!

[Larkspur]

13. Agree!

How will we treat intelligent life on other planets if we can't treat intelligent beings here with dignity? Is E.T. a person?

[HubertHeaver]

17. That was my first thought.

[CAPHAVOC]

6. People and other animals.

Is a common definition in many state and federal statutes. This judge chose persons as the basis for his ruling. This is funny..... If people are animals, what are animals? Oh I get it. Non-Persons.
I hope PETA appeals just to see the fun.

[MFrohike]

14. No it isn't

That may exist in a few statutes nationwide, but it sure isn't common.

[CAPHAVOC]

18. Fla.Stat. (2002) 501.001 (1)(a)(1)(a) And many many more.

[MFrohike]

20. One example

Like I said, maybe a few, but far from common.

[Mr Dixon]

8. SHM

IT ALL COMES DOWN TO MONEY

[Shadowflash]

9. I'm surprised that this even made it to a judge.

I'm glad he shot it down.

I have a cat that might have brought charges against me for illegal imprisonment because I won't let her go outside. Not to mention the potential suit she could have for me getting her fixed without her consent. Thanks judge! I sure dodged a big bullet there!

Of course, if the judge HAD ruled in favor of the whales, they could have started paying them minimum wage and then start charging them back for room and board.

Also, the ruling might have 'unintended consequences' as, if they were to be found to be people, then the whale that killed it's trainer a few years back could be tried, convicted and sent to the electric chair in Florida. That would be a shame.


All in all, a good ruling.

[Bodhi BloodWave]

10. I'm not sure why

but the mental(cartoon) image of a whale 'sitting' in an electric chair amuses me to no end

[CAPHAVOC]

19. How bout the Game Warden giving it a ticket for illegal fishing.

[RevStPatrick]

11. To quote Angry Dragon, who said it best...

...on another thread about this story:

"But corporations are people??

whales are more human than corporations"

[Johnny2X2X]

15. Counterproductive

When PETA pulls stunts like this it obscures from view the hundreds of good and logical things they do for animal rights. PETA has done a ton of good, but they pull publicity stunts that hinders their cause and makes them hated.

[kysrsoze]

16. This is all coming to a head. General strike...

SeaWorld Whales Demand 10 Percent chum Increase
[link:|

http://www.theonion.com/articles/seaworld-whales-demand-10-percent-chum-increase,9293/

Sorry, just couldn't resist