The lawsuit seeks an order for the release of the whales `` from bondage '' and a permanent order against holding them in slavery , as well as appointment of a legal guardian to carry out the transfer of the whales to a suitable habitat . PETA : This is the first lawsuit seeking constitutional protection against cruelty for non - humans . The complaint alleges that the killer whales are human beings . SeaWorld called the lawsuit a baseless publicity stunt .
PETA : This is the first lawsuit seeking constitutional protection against cruelty for non - humans . The complaint alleges that the killer whales are human beings . SeaWorld called the lawsuit a baseless publicity stunt .