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PETA suit may see unplanned consequences
Last week I traveled to Florida. The trip was primarily to attend a family event, but my wife and I managed to slip in a little sightseeing, too. While we were based in Orlando, we avoided the manmade amusements in favor of the natural ones. A day walking in the ocean surf and watching the myriad of birds and animals that live there was relaxing, inspiring and much cheaper than a day at SeaWorld, Disney or other theme parks.

I did not realize until I returned home, however, that I had missed viewing modern day slavery in action. The latest publicity stunt by PETA has put SeaWorld and other animal parks on the front line of the animal rights movement.

People for the Ethical Treatment of Animals (PETA) is accusing the SeaWorld parks of keeping five-star performing whales in conditions that violate the 13th Amendment ban on slavery. The suit, which PETA filed in U.S. District Court in San Diego, hinges on the fact that the 13th Amendment, while prohibiting slavery and involuntary servitude, does not specify that only humans can be victims.

Jeff Kerr, PETA’s general counsel, said his five-member legal team which spent 18 months preparing the case believes it’s the first federal court suit seeking constitutional rights for members of an animal species. Legal experts say the suit has no chance of going anywhere. But PETA is not interested in winning in court but rather in the court of public opinion.

The plaintiffs are the five orcas: Tilikum and Katina based at SeaWorld in Orlando, Fla.; and Corky, Kasatka and Ulises at SeaWorld, San Diego, Calif. Current U.S. law views animals under human protection as property.

PETA is attempting to overturn this precedent and give animals constitutional rights.

Such a change would have catastrophic consequences for animal agriculture, and it could also have some consequences that PETA might not have thought of. For example, if the whales at SeaWorld were determined to have rights, SeaWorld would have to start treating them like any other employee.
Not only would they get a salary of cold hard cash instead of cold dead fish, but would also get paid vacations, sick leave and 401Ks. They would be granted the right to form a union and engage in collective bargaining.

Since they are performers, they would likely join the same union as many Hollywood celebrities. Given their superior intelligence, they would like soon become leaders in this organization. But would they become PETA supporters?

I suspect not.

Currently these whales have free housing, free food, free health care, a 3-hour work day, and pay no taxes. If they get legal rights, they would have to pay for these things, plus hire a CPA to file their taxes. Now they are adored by millions for their natural power, beauty and intelligence.

As paid performers, people will see them as just another big ego celebrity. Soon their photos will appear along with scandalous headlines on supermarket tabloids.

Despite what its name says, PETA seems to be using these creatures to promote its own vegan-oriented cause.
Something tells me that, if these animals get rights, they would not be PETA supporters. Since they would be well-paid, international celebrities, they would become “some of the richest Americans” that Washington wants to tax heavily. Who knows, they could even turn out to be Republicans.

The views and opinions expressed in this column are those of the author and not necessarily those of Farm World. Readers with questions or comments for Gary Truitt may write to him in care of this publication.
11/9/2011