SeaWorld Hit with Deceptive Business Practices Class Action

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On March 25, a deceptive business practices class action lawsuit was filed against SeaWorld Entertainment Inc., alleging the marine theme park mistreats its orcas and misleads SeaWorld ticketholders about the condition of its whales.

This is not the first time SeaWorld has been hit with litigation. Last year in September, SeaWorld was hit with a putative investor class action lawsuit, claiming the theme park inflated company stock prices when they neglected to tell SeaWorld shareholders that the park’s decreased attendance was a direct result of the documentary “Blackfish.” This latest deceptive business practices class action lawsuit claims consumers are less likely to visit SeaWorld if they are aware that the theme park allegedly drugs its orcas and routinely forces whale calves to be separated from their mothers.

According to the SeaWorld class action lawsuit, this alleged orca mistreatment and the subpar whale living conditions (which allegedly includes severely cramped habitats) has led to animal aggression, endangering trainers, other whales, and severely shortening the lifespan of the orcas. However, consumers claim they are told by the theme park during whale shows that SeaWorld cares for, protects, and nurtures its orcas, and that these animals thrive at the park.

“The deceptive and false illusion carefully scripted by SeaWorld and created for the public has concealed not only the mistreatment of these animals, but also concealed orca behavior that evidences how their captivity at SeaWorld is harmful to their welfare,” states the SeaWorld deceptive business practices class action lawsuit.

The SeaWorld class action lawsuit further alleges that the orcas at the theme park are severely mistreated, since they are separated from their parents, inbred, and constantly kept on Valium and other antipsychotic drugs to keep them calm.

This SeaWorld deceptive business practices class action lawsuit seeks to represent a consumer Class that would include: “All consumers nationwide who at any time during the four year period preceding the filing of the original complaint (‘the Class’), purchased an admission ticket, a membership, or a SeaWorld ‘experience’ that includes an ‘orca experience’ from the SeaWorld amusement park.” This would include three subclasses for consumers who attended the three SeaWorld amusement parks located in San Diego, Orlando, and San Antonio.

SeaWorld denies all wrongdoing and mistreatment alleged in the two SeaWorld class action lawsuits and the allegations brought up in the “Blackfish” documentary over the past year. However, the theme park states it will not choose to appeal a D.C. circuit court decision regarding an Occupational Safety and Health Review Commission penalty brought on SeaWorld for allegedly allowing the work conditions that led to the death of one of the whale trainers.

The plaintiff is represented by Steve W. Berman, Shayne C. Stevenson and Elaine T. Byszewski of Hagens Berman Sobol Shapiro LLP.

The SeaWorld Deceptive Business Practices Class Action Lawsuit is Holly Hall v. SeaWorld Entertainment Inc., Case No. 3:15-cv-00660, in the U.S. District Court for the Southern District of California.

UPDATE: On May 13, 2016, a federal judge in California dismissed a consolidated proposed class action lawsuit filed by consumers who claimed they would not have purchased SeaWorld tickets had known that the orca whales were allegedly being mistreated.