SAN DIEGO (Legal Newsline) – A group of SeaWorld customers are suing the marine life theme park in a proposed class action, alleging it has “deliberately concealed” its unethical treatment and conditions of its captive orca whales.
The action was filed in the U.S. District Court for the Southern District of California Wednesday.
The 78-page complaint alleges SeaWorld employs psychoactive drugging, forced separation of calves from their mothers, forced and unnatural breeding, and cramped conditions that lead to aggression and disease, among other things.
“Plaintiff, and tens of thousands of consumers, would not have paid for admission to SeaWorld, for SeaWorld memberships, or for SeaWorld animal ‘experiences’ for children or adults (or would have paid far less for the same) if the truth about the treatment and behavior of SeaWorld’s orcas in captivity was known,” attorneys for the proposed class wrote.
The class contend they are entitled to refunds.
“We have spent months researching this issue and talking with world experts,” said Steve Berman, managing partner of Hagens Berman Sobol Shapiro LLP, which is representing the class. “Simply put, we believe that SeaWorld as it exists now, an unhealthy corporation that uses orcas for its own profit, must finally tell the truth about the treatment and condition of its captive orcas.
“It’s clear that the true condition of these orcas is not revealed to the public. Plaintiffs in this case would not have patronized SeaWorld had they known the disturbing truth.”
According to the complaint, SeaWorld’s misconduct violates, among other laws, California’s Unfair Competition Laws and Consumers Legal Remedies Act, California false advertising laws, Florida’s Unfair and Deceptive Trade Practice law, and also includes common law claims of deceit and unjust enrichment.
The filing comes six months after a stockholder sued SeaWorld, claiming the park denied its recent decline was due to the 2013 documentary “Blackfish.” The film focuses on Tilikum, an orca held by SeaWorld, and the controversy over captive killer whales.
In December, another class action was filed against the park, this time over allegations that it automatically renewed annual passes without consumers’ consent and didn’t follow the wording of its own contract when confronted with excessive charges.
Wednesday’s class action was filed just days after SeaWorld launched a new advertising campaign highlighting its leadership in the care of killer whales and contributions to protect whales both in human care and in the wild.
“There’s been a lot of misinformation and even lies spread about SeaWorld, and we recognize that it has caused some people to have questions about the welfare of killer whales in human care,” said David D’Alessandro, chairman and interim CEO.
“This long-term campaign will address those questions head on. We want to provide the facts, so people can make up their own minds on this important issue.”
From Legal Newsline: Reach Jessica Karmasek by email at [email protected].
