“Free Willy” didn’t become reality for the killer whales at SeaWorld when a federal judge in San Diego dismissed a lawsuit filed by People for the Ethical Treatment of Animals claiming the orcas are enslaved and entitled to be free by the protection of the 13th amendment.
U.S. District Judge Jeffrey Miller dismissed the case because animals aren’t in the same category as humans in terms of slavery, and are not protected by the 13th amendment, The Associated Press reported.
PETA claimed the captured killer whales are forced to live in concrete tanks and perform at SeaWorld.
Despite the case’s dismissal, PETA views the case as a victory, because for the first time in history constitutional protection against slavery was argued for animals in court.
“This historic first case for the orcas’ right to be free under the 13th Amendment is one more step toward the inevitable day when all animals will be free from enslavement for human entertainment,” PETA said in a statement.
SeaWorld’s defense attorney, Theodore Shaw, told the Associated Press that if the court were to grant the killer whales constitutional rights established by the 13th amendment, then it would have severe consequences for not only the U.S. government that uses dogs to sniff out bombs, but also for zoos and aquariums.
SeaWorld claims the lawsuit is a publicity stunt by PETA.
“SeaWorld remains the standard for zoological stewardship of marine animals and we reject any challenge to the conditions and quality of care for these remarkable animals,” SeaWorld said in a statement.
While SeaWorld said it has not only rescued killer whales injured in the wild but has also raised awareness to save natural resources, PETA’s attorney Jeffrey Kerr said his organization has no plans to give up the struggle to protect the killer whales.
The plaintiffs of the lawsuit were five killer whales: Tilikum, Katina, Corky, Kasatka and Ulises. Tilikum, the largest whale, was watched carefully after he killed his trainer, Dawn Brancheau, when he pulled her underwater in February 2010. Brancheau was the second trainer killed by Tilikum, who drowned another trainer in 1991.
