My Generation 1: Judge Errs By Failing To Demonstrate Common Sense (Sea World Decision)

"Much learning does not teachunderstanding."  -- 
Herakleitos, Fragment 16

Killer whales denied anti-slavery protection

By Lauren Steussy, NBCSanDiego.com, Feb.9, 2012

A federal judge on Wednesday dismissed a lawsuit that sought togive killer whales at SeaWorld constitutional rights.

     Theanimal rights group People for the Ethical Treatment of Animals (PETA) suedSeaWorld Inc. in San Diego on Oct. 6, 2011, for allegedly violatingthe anti-slavery 13th Amendment rights of orca whales.

        Monday,U.S. District Judge Jeffrey Miller heard the case. Miller was the first judge toever hear arguments over animals' constitutional rights.

      Millerdid not immediately dismiss the case. Instead, he took it under submissionMonday after about an hour of questioning.

   "As 'slavery'and 'involuntary servitude' are uniquely human activities, as those terms havebeen historically and contemporaneously applied, there is simply no basis toconstrue the Thirteenth Amendment as applying to non-humans," Millerstated in his ruling.

     SeaWorldfiled a motion to have case dismissed even before the hearing.

     "Today’sdecision does not change the fact that the orcas who once lived naturally wild andfree are today kept as slaves by SeaWorld," a PETA spokesperson statedWednesday after the ruling. "PETA will regroup and determine how tocontinue to work for the legal protection they deserve."

     In thecourthouse Monday, an attorney representing SeaWorld said that PETA's argumentshad "no place in a federal courtroom." He added that, regardless ofwhether animals were being abused, this was not a matter of constitutionality.If PETA were truly concerned about the well-being of the whales, they wouldfile an Animal Welfare Act lawsuit, he said.

     "Orcas... are not human beings. And I need not remind the court thatAfrican-Americans are," the attorney said, drawing on the intentionof the 13th Amendment to abolish the slavery of humans.

     Theofficial complaint filed in October in the U.S. District Court for SouthernCalifornia lists five SeaWorld orcas as collective plaintiffs inthe case. Three of those killer whales live in the San Diego SeaWorld park. Theother two live in the Orlando location. 

     "Theywere ripped from their homes and families with whom they would have spent theirentire lives," said Kerr. "They're denied everything natural to them. 

          They'reconfined in the equivalent of concrete bathtubs."

 

     PETAalleges that the two SeaWorld locations restrained and kept the whales in“constant involuntary physical confinement,” with no means to escape. Thecomplaint also accuses SeaWorld of depriving the killer whales of “theirability to live in a manner of their choosing” and for “intentionallysubjugating” the killer whales’ “wills, desires, and/or natural drives andneeds of [SeaWorld’s] own will and whims.”

     Inresponse, SeaWorld said the killer whales have no constitutional standing, andthe lawsuit is a waste of the court's time.

  "PETA hasonce again showed that it prefers publicity stunts to the hard work of caringfor, rescuing and helping animals," SeaWorld's spokesperson said inOctober.

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NOTE:   

Memo to Judge Jeffrey Miller:  

"The orcas at Sea World are slaves."

  

MyGeneration --The Who (Link)

Horrible Idea (From Arizona Daily Star, January 20, 2011): "Boca, Gaining A Rep For Exotic Tacos, Plans Lion-Meat Offering"

By: Valerie Vinyard, Arizona Daily Star

Posted: Thursday, January 20, 2011, 12:00 am

In the six months since it launched Exotic Taco Wednesdays, Boca Tacos y Tequila has served up python, alligator, elk, kangaroo and rattlesnake.

Frog legs, turtle, duck and Rocky Mountain oysters have also made appearances.

"We've done just about anything we can get our hands on," said owner Bryan Mazon. "Every Wednesday we do something a little bit different."

Last week he announced on Boca's Facebook page that the UA-area taco shop was accepting prepaid orders for African lion, to be served on Feb. 16. Orders must be placed by 3 p.m. Feb. 7.

"I've gotten a lot of questions, like if it's legal," said Mazon, adding that a few lion tacos have been reserved so far. "We're still a month out, too."

According to the Food and Drug Administration, lion and other game meat can be sold as long as the species isn't endangered.

"I'm doing the African lion to get my name out," said Mazon, who used to be a salesman for City Meat and Provisions. "I've never tried it myself, but this one really caught my eye."

Mazon said he had heard about a Mesa restaurant, il Vinaio, that served burgers made with African lion to correspond with the World Cup in South Africa last summer. Reservations sold out, but others picketed the restaurant.

Most of Boca's exotic tacos range between $3 and $4. The lion tacos cost $8.75 apiece.

This is the first time Boca is pre-selling its tacos. But at $100 a pound of ground lion meat - $400 for a pound of tenderloin - it makes sense.

Mazon said he still expects to lose money on the lion, but is in it for exposure.

"In all reality, what I want is just people to know that I'm here," he said. "That's the way to do it. You can't get these tacos anywhere else."

His wife, Maria Jose Mazon, is Boca's chef and will make eight tacos per pound.

The couple usually order 2 to 3 pounds of meat for Exotic Wednesdays, with grilled alligator being the best-seller.

But rattlesnake made an impact, too.

"It's the one people want back the most," Mazon said. "It was the first one, and it's the one most talked about."

The couple plan to order the lion meat from a farm in Perris, Calif., which is southeast of Los Angeles.

For the lion, diners will build their own Sonoran street-style taco. They can add cabbage, guacamole, pickled red onions and diced cucumbers and any of the six house-made salsas to the tacos.

The Mazons opened their taco shop at 828 E. Speedway, in the former home of Greasy Tony's, the legendary sub shop, last June.

"I'm 50 percent local Tucsonans and 50 percent students," Mazon said. "We do gourmet tacos. Do I want to get more students? - sure.

"A lot of students might think that my price point isn't directed at them, but the average check is $8. Late night is 100 percent students."

Note to readers:  I recognize that we are living in difficult economic times and opening any restaurant represents a significant financial risk.  However, I do wish Boca Taco y Tequila would re-think its "exotic taco" strategy, which reminds me a bit of low-price version of Marlon Brando's  Gourmet Club in the film The Freshman.  For me, this is really Unmentionable Cuisine.  The restaurant is supposed to be a charming place that serves excellent food.  The pictured above is taken from a restaurant review and show's Boca's "Del Mar" dinner, featuring deep-fried white fish, strips of the citrus-marinated salmon, grilled shrimp, and octopus with caramelized onions, served with hot tortillas, rice and beans.  It's supposed to be quite good and probably looks better at eye and table level.  Food photography is tricky.  For some reason, tequila looks good from any angle, even using only the "inward eye" (which is the bliss of solitude).


Musical accompaniment:  Eno, The Lion Sleeps Tonight (1974).  Once upon a time, Eno really, really had it.