Seaworld has not given up on training and owning wild and captivity bred orcas, and having trainers interact in the water with the large animals. Notwithstanding two deaths, one of which occurred in plain sight of spectators, the entertainment conglomerate is still tenaciously trying to restart its live shows with trainers in the water.
It was not too long ago that Dawn Brancheau, a top star trainer at Seaworld, was mauled and killed by a troubled orca which the movie Blackfish singled out as an animal that had previously killed and was known to be distraught and unpredictable. Often the confinement and small quarters the orcas must sit in between shows is enough to cause them to behave erratically or to become aggressive.
But Seaworld has not given up on the lucrative program. Wild orcas, and captivity bred ones, are big business. Millions are at stake, as long as orcas cannot be trained and interact with trainers during a show. But the OSHA compliant ruling, which essentially shut down the program as we knew it, aimed principally at reducing future deaths and was a direct consequence of Brancheau's death.
The denial of appeal was handed down by the US court of Appeals for the District of Columbia, 2-1.
The appeal was denied because, in essense, Seaworld has not proven that resuming the program as it was when the deaths occurred, is indeed safe. Seaworld has also hidden some incidents with the same orca that killed Brancheau, which was detailed in the documentary BlackFish, because they had not occurred during showtimes.
The denial means that for now, and probably for a long time to come, trainers can no longer go in the water when the orcas are doing the shows, or any other performance. The trainers are also barred from entering the water during off hours, unless they are protected by a barrier to avoid mauling or drowning by the orcas.
In fact, the documentary highlighted the fact that Seaworld knew that some of the orcas were troubled, and that they hid such dangers from the public and the trainers.
Although one judge dissented, citing overreach by the Court, two others denied the motion to appeal on the grounds that the dangers to the trainers is too high and cannot be avoided if there is interaction in the water with the orcas.
Seaworld had made an argument in the appeal that federal regulators were trying to radically alter the way Seaworld does business, i.e., the way the shows are conducted. They also cited tackling in the NFL as an example of harm that can occur during games which cannot be - or is not- regulated. Since such activities are allowed, and can cause harm to football players, their argument is that whatever harm can come to an orca trainer, is an inevitable cost of doing business.
Even more shameless is Seaworld's assertion to the court that the 'perception' of danger to the trainer as it interacts with the orca is essential to how it conducts business. In other words, they lamented that 'the thrill is gone'. Such shameless conduct, which completely neglects the high risk the trainers are placed in, willingly or not, when performing, is typical of a new vision of conducting business in America without the burden or yoke of regulation. Unfettered business practices means that more people could be harmed, but that, as we have seen for Seaworld, is chalked up to the cost 'of doing business'.
In fact, the documentary Blackfish outlined how Seaworld took great precaution to hide the fact that killer whale Tilikum, the one that killed Brancheau, was in fact a dangerous animal which had killed before, thereby voiding completely Seaworld's contention that trainers are aware of the risks and are willingly taking it because they too enjoy the 'thrill' and love the animals they train.
However, the ruling subject of the appeal, simply stated that Seaworld could continue the shows, however, it simply ruled that the animal and trainer could and should not be close enough for the animal to kill or harm the trainer.
The court also objected to Seaworld's assertion that trainers are used to spot 'danger', because they have a set of rules for training, and the observation of unusual behavior can warn them in advance of a killer whale misbehaving when the trainer is in the water. This however, means that the responsibiliity for the safety of the trainer in the water rests in the hands of other trainers, or 'spotters'. By doing so, Seaworld also tries to deflect its responsibility and liability for possible deaths, since an error in 'prediction', which could result in a trainer's death, would be blamed directly on the trainer, and not the company.
Op-Ed
partial sources: Orlando Sentinel/Blackfish: 4.13.14
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