As reported earlier, a federal judge in San Diego was asked to hear a case brought forth by the People for the Ethical Treatment of Animals (PETA) that contended that orcas held by Sea World are being treated as slaves.

SAN DIEGO (AP) — A federal judge has dismissed an unprecedented lawsuit by an animal rights group seeking to grant constitutional protection against slavery to a group of orcas that perform at SeaWorld parks.

U.S. District Judge Jeffrey Miller issued his decision Wednesday, two days after he listened to arguments in San Diego from both sides.

SeaWorld called the lawsuit baseless. It was filed by People for the Ethical Treatment of Animals and named five whales as plaintiffs.

PETA attorney Jeffrey Kerr says his organization does not plan to give up his fight to protect the orcas but he did not specify what the next action will be.

PETA says the wild-captured orcas are enslaved by SeaWorld because they are held in tanks and forced to perform in shows. SeaWorld denies any mistreatment.