This article was originally published by KNKX on June 11, 2020.
by Bellamy Pailthorp / Jun 11, 2020
BELLAMY PAILTHORP / KNKX
She will be home in 2020.
That was the word from members of the Lummi Nation who have not given up on their efforts to free the captive Southern Resident orca some call “Lolita” from her cement tank at the Miami Seaquarium. A nonprofit law group has now joined the fight, bringing new legal tactics to the battle.
Lolita also is known as “Tokitae” in the Coast Salish language and was recently renamed Sk’aliCh’elh-tenaut by the Lummi. (The Lummi name is pronounced, roughly, SKAH-lee CHUCK-ten-NUT.) The new name emphasizes the tribal village near Penn Cove, where she was captured 50 years ago. The Lummi view her as a relative.
Two members of the tribe filed a lawsuit last summer, demanding her return under the Native American Graves Protection and Repatriation Act (NAGPRA). They say they were called to do so after the Southern Resident orca Talequah grieved the loss of her calf, pushing its deceased body through local waters for an unprecedented 17 days. Tah-Mas (Ellie Kinley) is one of the two plaintiffs in the NAGPRA suit.
“She was taken when she was 3 years old. And we know her Mom — Sk’aliCh’elh-tenaut’s mom — is out there, still grieving her loss, because she was taken from her,” Tah-Mas said.
The 91-year-old orca Ocean Sun is believed to be her mother.
Now, the plaintiffs are getting pro bono help from the nonprofit Earth Law Center, which specializes in a relatively new legal movement, called Rights of Nature. Michelle Bender is assigned to their case and says she’s excited to take it in new directions.
“So the difference is we’re challenging the current legal system, we’re not trying to work within it,” she said.