In the first case of its kind, PETA, three marine-mammal experts, and two former orca trainers are filing a lawsuit asking a federal court to declare that five wild-caught orcas forced to perform at SeaWorld
are being held as slaves in violation of the 13th Amendment to the U.S.
Constitution. The filing—the first ever seeking to apply the 13th
Amendment to nonhuman animals—names the five orcas as plaintiffs and
also seeks their release to their natural habitats or seaside
sanctuaries.
The suit is based on the plain text of the 13th Amendment, which prohibits the condition
of slavery without reference to "person" or any particular class of
victim. "Slavery is slavery, and it does not depend on the species of
the slave any more than it depends on gender, race, or religion," says
general counsel to PETA, Jeffrey Kerr.
The five wild-captured orca plaintiffs are Tilikum and Katina (both
confined at SeaWorld Orlando) and Kasatka, Corky, and Ulises (all three
confined at SeaWorld San Diego).
"All five of these orcas were violently seized from the ocean and
taken from their families as babies. 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," says PETA
President Ingrid E. Newkirk. "The 13th Amendment prohibits slavery, and
these orcas are, by definition, slaves."
In the aerial view of SeaWorld, one can
see how little room orcas have. Inside the circle is Tilikum, whose nose
and tail almost touch the ends of his tank. Image © 2011 Google
Our understanding of animals grows every day. Animals are no longer
regarded as "things" to dominate, but as breathing, feeling beings with
families, dialects, intellect, and emotions. Just as we look back with
shame at a time when we enslaved other humans and viewed some people as
property less deserving of protection and consideration, we will look
back on our treatment of these animals with shame. The 13th Amendment exists to abolish slavery in all its forms—and this lawsuit is the next step.
The orcas are represented in the suit by what the law refers to as
their "next friends": PETA, Ric O'Barry (a former orca and dolphin
trainer and the star of the Academy Award–winning documentary The Cove),
renowned marine biologist and orca expert Dr. Ingrid N. Visser, Orca
Network founder Howard Garrett, and former SeaWorld trainers Samantha
Berg and Carol Ray.
The groundbreaking suit was filed in the U.S. District Court for the Southern District of California in San Diego.
Please help animals imprisoned by SeaWorld today. Click here
to write to The Blackstone Group—the company that owns SeaWorld—and ask
that it immediately set in place a firm and rapid plan to release the
animals to sanctuaries that can provide them with an appropriate and
more natural environment.
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