SeaWorld Lawsuit: Wheels of Justice Turn Slowly

In the Anderson v. SeaWorld lawsuit, three plaintiffs contend that SeaWorld's statements about the health and care of captive orcas are false, mislead the public, and violate California consumer protection and fair business practices laws.

On Friday, August 30^th, federal Judge Jeffrey White issued two rulings:

(1) Judge White denied SeaWorld’s latest motion (the 5^th according to our count for this marathon case) to dismiss a portion of the case; and

(2) Judge White did grant SeaWorld’s motion to bifurcate the case, which will result in two trials instead of one. The first trial will focus on whether the three plaintiffs in the case relied on SeaWorld’s statements when purchasing tickets and merchandise, as required by California’s consumer protection and fair business practices laws. The second trial will address whether SeaWorld’s statements are indeed false and misleading.

Mark J. Palmer, IMMP Associate Director, called this motion: “a SeaWorld tactic to significantly delay the trial and take more of the court’s time, while avoiding the story of SeaWorld’s false claims.”

SeaWorld has also made a number of motions to deny or restrict testimony from the plaintiffs’ expert witnesses, including Dr. Ingrid Visser, a world authority on wild and captive orca whales. These experts support the plaintiffs’ claims that SeaWorld has not been honest about the health and wellbeing of the orcas held in captivity by SeaWorld. Plaintiffs have challenged some of the testimony by SeaWorld’s expert witnesses. Judge White has not yet ruled on these motions (called Daubert motions).

David Phillips, Earth Island Executive Director, concluded: “SeaWorld needs to start telling people the truth: Orcas in their care die an early death compared to wild orcas. SeaWorld separates orca mothers from their calves. Virtually all male orcas in SeaWorld’s care have dorsal fins that droop, something rarely seen in wild male orcas. Orcas are not ‘happy’ in captivity, but instead have to be given drugs such as anti-depressants, antibiotics, anti-anxiety compounds and antacids for stomach upset.”

Photo of SeaWorld’s orca, Tilikum (now deceased), by Mark J. Palmer/Earth Island Institute.

IMMP is working to protect SeaWorld’s captive orcas and to make SeaWorld tell the public the truth about the harm captivity causes its orcas. Please donate to help our efforts to bring this case to conclusion and to protect whales and dolphins from harm in captive facilities. Thank you for your support!