SeaWorld Entertainment is not having a great run following the death of one of its killer whale trainers in 2010. Reuters noted from the company's quarterly report filed August 14 for its investors that it will not be proceeding with its appeal of a federal safety ruling that would prevent trainers from getting into the pools with their orca charges.
Fox Business said that the company has been fighting for months in hoping that an appeals court ruling filed by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) that would limit the killer whale interaction would be overturned. The legal action was spurred from the horrific death of Dawn Brancheau, who was killed by her own charge named Tilikum in front of a shocked audience. She was dragged by Tilikum under water, which contributed to her death.
Reuters said that back in April, the U.S. Court of Appeals for the District of Columbia Circuit decided to uphold a ruling that SeaWolrd had violated its duties to protect its employed trainers by exposing them to "recognized hazards" when they work with the orcas.
The death of Brancheau was the subject of a controversial documentary called "Blackfish," which also exposed the harsh conditions of captured animals and the danger they pose to themselves and to the people who interact with them. In an interview by the Tampa Bay Times, SeaWorld CEO Jim Atchinson had likened the film to a propaganda, and wished that they have been more forceful with their convictions against the charges as shown on the documentary.
He told the paper, "In hindsight, yeah, we probably do, because the movie was so misleading, so full of falsehoods and so unfair in its framing and characterizing of what we do and how we do it and even our history. It's a delicate balance, though, because one of the worst things you can do is to turn it into the movie SeaWorld doesn't want you to see. Reacting too early to it might have made it more newsworthy, made it more of a marketing endeavor."
Atchinson also explained the reason behind the company not pursuing an appeal against the OSHA citation. He said, "We didn't agree with it, and it had more to do with our reputation and our brand. The removal of our trainers from the water we did voluntarily [before the citation was issued]. It was more a matter to set history straight, if you will, so in that respect, the analysis we looked at was: Does it make sense to appeal this further? It doesn't. It doesn't change our business model."
He stressed though that despite the company's dismal quarterly performance, no doubt because of the hype "Blackfish" generated, he said that the company is here to stay.
"We'll still have shows in our park, although those evolve and change over time, too. This will just be a new and different way to connect with those animals," Atchinson said.
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