Suit Filed Alleging Sea World Enslaves Orcas

[lawrocket 3]

http://news.yahoo.com/peta-lawsuit-seeks-expand-animal-rights-222219887.html

Yep. PETA. Equating the plight of slaves to that of Orcas.

From a legal standpoint, I see numerous problems. Firstly, unless there is something that considers them human they don’t have standing. Also, if they are equal to humans, why do they have named plaintiffs acting on their behalf? Did the whales consent to the PETA representing them? It seems that it would constitute an adhesion contract.

I’m thinking of filing a motion to intervene on behalf of the Orca’s food. Those fish they feed to the Orcas have rights, too. I’d like to represent the otters and dolphins, as well – though that would be a conflict because my clients are the fish. Why does the Orca always get chosen on these things?

And what about Tilikum? He’s got the life of swimming, killing trainers and banging hottie Orcas – tilicums! HA HA!!! Did Tilikum understand that if he wins he’ll be a 30 year old whale out in the open competing with other younger Orcas? If I was Tilikum I think I’d stay put.

My wife is hotter than your wife.

[mnealtx 0]

Just when ya think that PETA couldn't get any crazier....

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[BIGUN 1,071]

I can see you on cross of the Plaintiff...

Sir, have you ever owned a dog?
Did you ever teach it to sit, stay, or maybe some tricks?
Did you keep him/her in the house at night or did you let him/her loose?
And, did this dog stay with you its entire life or did you return it to the wild?

The defense rests....

Nobody has time to listen; because they're desperately chasing the need of being heard.

[lawrocket 3]

Yeah. How many dogs will be registered sex offenders for humping legs? "That dog smelled my butt."

My wife is hotter than your wife.

[DrewEckhardt 0]

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Just when ya think that PETA couldn't get any crazier....

Seems reasonable to me since it's producing publicity comparable to a national advertising campaign that'd cost a lot more.

[StreetScooby 5]

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Firstly, unless there is something that considers them human they don’t have standing.

I'm sure the 9th circuit will feel free to apply rights of citizens to them.

We are all engines of karma

[kelpdiver 2]

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I can see you on cross of the Plaintiff...

Sir, have you ever owned a dog?
Did you ever teach it to sit, stay, or maybe some tricks?
Did you keep him/her in the house at night or did you let him/her loose?
And, did this dog stay with you its entire life or did you return it to the wild?

The defense rests....

Not really - PETA (or a vocal portion of) opposes pet ownership as well.

It's also not appropriate to equate dolphins and orcas with bait fish...there's a substantial difference in cognitive abilities and sentience between them. And that does make this discussion at least reasonable to have.

was it appropriate for the Apes to jail Charles Heston in Planet of the Apes?

[lawrocket 3]

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there's a substantial difference in cognitive abilities and sentience between them

I saw Finding Nemo! All the evidence we need.

My wife is hotter than your wife.

[popsjumper 2]

Does this mean I'm going to have to dump my goldfish?

Where is "the wild" for a goldfish, anyway?

If I was the orca, I counter sue.
Just who are these people to screw up the great gig I have going here?

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[metalslug 31]

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...Firstly, unless there is something that considers them human they don’t have standing. Also, if they are equal to humans...

..as opposed to..

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The suit....hinges on the fact that the 13th Amendment, while prohibiting slavery and involuntary servitude, does not specify that only humans can be victims.

I'm no lawyer, but it does seem as though PETA will not be attempting to classify animals as human, but rather to confirm that an existing law extends to animals based on it's current wording.

Moreover, if the suit is as absurd as it seems, could the plaintiffs be liable to penalty under Rule 11 (frivolous litigation) ?

[tkhayes 140]

PETA might be a radical group, but unless you can see the plight from the point of the orcas, then you have no say in the matter. Who says they are happy and/or well cared for?

If they are now, then were they 30 years ago? We look back and find all the problems that used to plague captive animals and then we assume we are doing it Ok now.

We judge by todays standards. yet in another 30 years we will look back at the way we treat captive animals today and go "What were we thinking?"

walk a mile in a man's (orca's) shoes.....

[lawrocket 3]

[Reply] but unless you can see the plight from the point of the orcas, then you have no say in the matter.

[shropshire 0]

After seeing a pod of them on David Attenborghs program last night (Frozen Planet - stunning BTW) .. They are very intelligent and we have zero right to keep them for entertainment.

We may be fucking up their habitat - but then we should stop that and help them live there.

Nature reserves NOT Zoos - that would be the right thing to do, I reckon.


FREE WILLY

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[tkhayes 140]

All I am saying is that everyone jumps on PETA because they are radical. Maybe this time they have a case.

orcas live in the wild and travel tens of thousands of miles every year.

Now they are in a tank that is probably 0.000001% the size of a suitable environment.

If PETA wants a lawsuit, I guess they can have one.

And yes, being people, we DO ACTUALLY speak for the animals, whether that is right or wrong.

The orca show is cute, but it is a bit of a freak show. That bothers me. But the environment is degrading so rapidly out there that maybe human captivity is the only way to preserve some species from extinction. That may be.

But then I am more inclined that we fund the 'preservation of the species' rather than the 'entertainment for kids'

[shropshire 0]

Hey at least they look like they are wearing a dark suit and white dress shirt when they show up in court

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[lawrocket 3]

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we DO ACTUALLY speak for the animals

Which is inherent recognition that you perceive their status as subservient.

And note that Florida has a death penalty. Want to treat Tilikum like a person? Well, Tilikum murdered his trainer and should face the consequences of it. Give Tilikum due process, including the 5th Amendment right to refuse to testify against himself, and try him for murder.

I think that a whale doesn't murder anybody. Because it's not a person - IT'S A WHALE!

Are you willing to treat that whale like a person? Or do you simply recognize that it is a whale?

My wife is hotter than your wife.

[kelpdiver 2]

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Some fucking human who thinks that they know what a whale is feeling is being a self-centered egotist. We don't know how the whales feel because they can't tell us. "Willy says he under a lot of stress."

Killing the trainer might be a hint. Life span, breeding rates, behavior versus wild animals are all bits of data that can be presented.

The orca is an animal that does fine in the wild, so the zoo isn't a preservation for it. And let's be honest- this isn't science, this is a circus. Watch the big fish jump in the air for little fish!

[lawrocket 3]

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this isn't science, this is a circus

There I agree. So let's have Congress ban circuses.

Let us not equate whales with people under the Constitution. I mean, can we depose these Orcas?

My wife is hotter than your wife.

[kelpdiver 2]

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Let us not equate whales with people under the Constitution. I mean, can we depose these Orcas?

Hey, if corporations get the same rights, why not the orcas?

[Amazon 7]

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Does this mean I'm going to have to dump my goldfish?

Where is "the wild" for a goldfish, anyway?

If I was the orca, I counter sue.
Just who are these people to screw up the great gig I have going here?

The only Orca's we may end up with are those in captivity.

If the lethal virus, infectious salmon anemia spreads along the west coast as it did in Europe... where it devastated salmon as well as one of their chief bait fish.... herring, there will be a hell of a lot of Orca's... seals.... sea lions... bears.... eagles...all starving to death. I wonder how PETA will deal with that crap

[lawrocket 3]

Ask the legislators that created them.

Furthermore, I've never deposed a corporation. I've deposed a Person Most Knowledgeable (PMK) but never a corporation.

Would you depose a person instead of an Orca?

My wife is hotter than your wife.

[BoogeyMan 0]

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Ask the legislators that created them.

Furthermore, I've never deposed a corporation. I've deposed a Person Most Knowledgeable (PMK) but never a corporation.

Would you depose a person instead of an Orca?

Caution... One might get hit with a defamation suit by an angry whale. Ya know, being compared to a human and all.

[popsjumper 2]

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Caution... One might get hit with a defamation suit by an angry whale. Ya know, being compared to a human and all.

Good point. Why do we want to dis whales like that?

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[popsjumper 2]

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Hey at least they look like they are wearing a dark suit and white dress shirt when they show up in court

And then there's the swearing in...
"Put your hand...er, your paw...ummmmm, your fin on the bible and..."


This whole thread sound fishy.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[BoogeyMan 0]

This whole thread sound fishy.

Dood.............