Tilikum v. Sea World

Tilikum v. Sea World (Tilikum et al. v. Sea World Parks & Entertainment Inc., 842 F. Supp. 2d 1259 (S.D. Cal. 2012)) was a legal case heard in the US Federal Court in 2012 concerning the constitutional standing of an orca. It was brought by People for the Ethical Treatment of Animals (PETA) on behalf of Tilikum, an orca kept in the SeaWorld Orlando park, against the SeaWorld corporation.

The plaintiff asked the court to rule that Tilikum was a "person" under the terms of the Thirteenth Amendment to the United States Constitution, and thus that the orca's confinement amounted to involuntary servitude or slavery. The court held that Tilikum was not considered a "person" as defined in the US legal system, and so was not afforded constitutional protections.[1]

Tilikum

Tilikum during a performance at SeaWorld in 2009
Species Orcinus orca
Breed Icelandic Transient
Sex Male
Born c. December 1981
Nation from Iceland
Employer SeaWorld Orlando
Weight 12,000 pounds (5,400 kg)

Background

Tilikum is a bull killer whale (Orcinus orca) which was bought by the SeaWorld marine park in Orlando, Florida in 1992 and exhibited there since then.[2] He is the largest orca in captivity. The other whales named as plaintiffs in the suit are Katina, who is also kept in Orlando, and Corky, Kasatka, and Ulises who are kept in SeaWorld San Diego.[3]

Complaint

On 25 October 2011 animal rights organization PETA brought a constitutional lawsuit in the United States District Court for the Southern District of California as next friends of the orcas. They asserted the wording of the US Constitution, which protects "persons", does not expressly state that a whale was not a "person", and that orcas are entitled to protection under 13th Amendment.[1][3]

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
— Thirteen Amendment

PETA said that the whales "were born free and lived in their natural environment until they were captured and torn from their families." The complaint alleged the circumstances in which the whales are held results in them experiencing "extreme physiological and metal stress" and that their lifespans were shortened from "8.5 years in captivity versus up to 65 years in the wild." The lawsuit asked the court to rule that the orcas were held in illegal involuntary servitude.[1]

SeaWorld called the action "baseless" and a "publicity stunt", and defended the treatment of orcas in its parks, saying "no facility sets higher standards in husbandry, veterinary care and enrichment".[3][4]

The court’s decision

The court dismissed the action due to a lack of subject-matter jurisdiction. Dismissing the petition after two days of hearings, US District Judge Jeffrey T. Miller wrote "As ‘slavery’ and ‘involuntary servitude’ are uniquely human activities, as those terms have been historically and contemporaneously applied, there is simply no basis to construe the Thirteenth Amendment as applying to non-humans".[1][4]

References

  1. 1 2 3 4 "Tilikum cases". 842 F.Supp.2d 1259 (S.D.Cal. 2012).
  2. ↑ "SeaWorld Tilikum sick". Orlando Sentinel. December 22, 2011. Retrieved December 22, 2011.
  3. 1 2 3 David Crary; Julie Watson (25 October 2011). "SeaWorld performing killer whales are slaves group says". Associated Press / NBC.
  4. 1 2 "Federal Judge Dismisses PETA Lawsuit Claiming SeaWorld Whales Are Slaves". CBS Tampa Bay. 9 February 2012.
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