[MARINE_BIOLOGY_INTERNATIONAL] Judge weighs PETA whale lawsuit

(San Diego Union-Tribune)

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Judge weighs PETA whale slavery lawsuit
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Written by
Greg Moran
12:14 p.m., Feb. 6, 2012
Updated 1:32 p.m.

SAN DIEGO — A federal judge appeared skeptical Monday of arguments that orca whales that perform at SeaWorld are being held as slaves and that their confinement violates the constitutional ban on slavery.

After an hour of arguments, U.S. District Judge Jeffrey Miller said he would take the case under advisement and issue a ruling later.

But the veteran jurist seemed to not be persuaded by arguments in a lawsuit People for The Ethical Treatment of Animals filed in October in federal court in San Diego.

The suit is the first of its kind to contend that an animal, in this case wild-caught orca whales, are entitled to protection under the U.S. Constitution.

A lawyer for PETA said that the case is on the "next frontier of civil rights" law.

Lawyers for the amusement park said the case should be thrown out because it has no merit.

"There are boundaries to legitimate constitutional debate," said Theodore Shaw, the park's lawyer. "And PETA's complaint has crossed those boundaries."

Shaw contended that courts do not allow animals the legal right to sue, a concept known as standing. On that basis alone, he said, the case should be dismissed.

He also said that a ruling that would say animals are protected by the 13th Amendment would create havoc. Pets, dogs used to assist the disabled, even dogs used for security could conceivably be covered, he said.

Jeff Kerr, a lawyer for PETA, said such arguments were hysterical. He said the suit seeks only to cover the whales at SeaWorld.

Miller closely questioned Kerr about whether any court has recognized the standing of animals to bring a suit. He also had several pointed questions about the history of the 13th Amendment and how it was intended to apply only to humans held in slavery.

Kerr acknowledged no court has said animals have the right to sue but argued the same was true in the past for other groups, such as African-Americans and women. Until courts eventually recognized their rights to sue, they could not file lawsuits, he said.

PETA's lawsuit was filed on behalf of five whales, three of whom are based at the San Diego park and the others at the SeaWorld in Orlando, Fla.