lawsuit - Truth In Advertising

Transcription

Case 6:15-cv-00574-ACC-GJK
Document 1
Filed 04/09/15
Page
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I; -9
PM IL S. ROTIISTEIN
4 10:
nlihstvillimit/shcc.coin
fll
626 N.E. First Street
EE 32601.
Telephone: (352) 376-7650
Facsimile: (352) 374-7133
Prorneys
und the
Proposed (7ass
UNITED STATES DISTRICT MERV
MIDDLE DISTRICT OF FLORIDA
Joyce Kuhl. indivklually
flul
on
behal I. of herself and all others
shnilariy
situated.
Plaintiff_
V.
SE•WORLD Elk'. a Delaware company:
SEAWORLD OF FLORIDA EI.C. (fik(a SEA
WORLD OF FI)RIDA. INC.) a Florida
company: SEAWORED& BUSH GARDENS
CONSERVATION FUND. INC.. a Delaware
corporation: SEAWORED PARKS &
ENTERTAINMEN V. INC.. a Delaware corporation,
Defendants.
No.
35
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CLASS ACTION COMPLAINT
JURY TRIAL DEMANDED
TABLE OF CONTENTS
Page
1.
OVERVIEW
11.
PARTIES
9
III.
JURISDICTION AND VENUE
10
IV.
FACTUAL ALLEGATIONS
11
A. Sea World Markets. Advertises and Promotes
Captive
13. The
an
Enchanting.
Allurinu Illusion of
11
Killer Whales
Biology of Orcas
1.
Distinct
2.
Orcas
urea
are
ecotypes exist in all the
oceans
highly communicative. intelligent,
of the
and
14
social.
3.
Orcas
4.
Orcas in
are
organized
nature can
in matriarchies and close-knit.
live
ScaWorld's
a.
Captive Oreas
captured
families and
removes
destroys
urea
17
17
family values
ScaWorld launches its business with
b. SeaWorld
17
long healthy lives.
C. The Undisclosed iruth About SeaWorld's
16
2
orcas
calves
17
2
from their mothers for
2.
profit.
These
sitar in
orcas
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I9
Sca World orcas' livin2 conditions in
a.
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captivity
20
tiny and unnatural
chemical tubs
b. Shallow
c.
pools
expose the
Sea World hides
orca
fatal risks.
orcas to
sunburns with black
zinc Oxide
d. The
orcas are
3. SeaWorld's
purposefully deprived
captive
whales deteriorate
offood.
as a
resuh
24
of their treatmem
a.
Sea\Vorld's
captive orcas
b. Sea World orcas'
not
e.
normal
Captive
or
live shorter lives
collapsed
dorsal fins
arc
healthy.
oreas' teeth
are
gmund
down and
dama2ed.
d. SeaWorld's
orcas are
injured
at
SeaWorld.
4. Sea World "science- and forced breedine
a.
Sea World is
not a
scientific
research
orca
institution.
b. SeaWorld
impregnates
young female
orcas
with spenn from relatives and different
ecotypes.
c.
Trainers masturbate the
orcas
for
3
profitable
24
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Page
d. Sea World drugs its
a.
dangers
Risks faced
b. Aberrant
3-3
oreas.
that SeaWorld
publicly denies
behavior is caused
by
39
Documentary 1?/ockti.ch1lei2ins
Curtain
E.
The
on
to
Pull Back the
40
Sea World
-Materiality" of SeaWorld's Treatment of Orcas is
Conlirmed
by Polls and the Public Drop in
Following Black/is/land
F.
36
36
trainers
by
orca
captive
confinement.
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35
sperm.
5. Established
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Popular
the
Attendance
Growing Controversy
Musicians Cancel Sea World
41
Appearances and
Association
G. In the Wake of Blackfish.
Long-Standing
SeaWorld
Sponsors and Strateuic Partners Jump Ship
II. Sea World Continues
I.
Sea World I las
a
to
45
48
Omit the Truth
Dutv to Disclose Hoi^ it
Actually Treats
the Orcas and their Actual Condition
V.
CLASS ALLEGATIONS
54
VI.
CAUSES OF ACTION
58
FIRST CAUSE OF ACTION VIOLATIONS OF TUE
FLORIDA DECEPTIVE AND I:NI:AIR TRADE PRACTICES ACT
.38
(Fl, A. STAT.; 501.201. ET SEQ.)
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SECOND CAUSE OF ACTIoN DECLARATORY
AND INJUNCTIVF
62
Fl I1RD CAUSE OF ACTION IINJUST ENRICHMENT
AS TO DEFENDANTS
PRAYER FOR RELIEF
64
JURY DEMAND
65
5
5
Plaintiffloyce
others
similarly
Kuhl
situated
brings
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this action in her individual
SEAWORlD 1.1.C.
against
a
capacity.
INC.) a Florida
BUSH GARDENS CONSERVATION FUND. INC..
a
Delaware
a
and
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behalf of all
on
Delaware company: SEAWORLD OF
FLORIDA tIC. (flia SEAWORLD OF FLORIDA.
PARKS & ENTERTAINMENT. INC..
Page
Delaware
company: SEAWORLD
corporation:
SEAWORLD
corporation: collectively relerred
to as
("SeaWorld")
Plaintitfs
investigation
which
are
alkgations against
Defendants
of Plaintiff s counsel, except for
based upon Plaintims
personal
are
based upon in Formation and belief and upon
allegations specifically pertainink,
to
Plaintiff.
knowkdile.
I. OVERVIEW
1. SeaWorld is the
leading
park showcases killer whales
in
special amphitheaters
marine life theme
()micas
arca.
the
park
mighty
in the world. Each SeaWorld theme
and iconic apex
SeaWorld makes hundreds of millions of dollars
harmony
and
sea
called Shamir Stadium that seat thousands.
2. Crowds of children and adults have been mesmerized
shows and its massive
predators of the
as a
public marketing campaign:
playing together
for
by SeaWorld's
orca
shows.
direct result or the illusion created by these
Orcinux
public entertainment.
arca
and Homo Napiens livino, in
Killer whales "in the
care
of man.-
as
SeaWorld's mantra tells it.
3. This illusion masks the
whales. This is
decision
to
lead them
a
truth that. if known
visit SeaWorld.
to
ugly
buy
a
truth about the
to
the
unhealthy
purehasimi public
membership.
or
seek entertainment elsewhere.
6
pay for
an
at
and
despoiring lives of these
the time families make the
"exclusive
park
ex
peri en cc:" would
6
4. Orcas
are
uncommonly complex and special
the wild. These whales
They
years.
ihey
are
are
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any land
larger than
are
and
highly inkiligent
predator.
and
they
family-orientated. "[hey
are
amiti.
each of the SeaWorld
profit at
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7
have existed for millions of
lonu-lived and sell-aware.
varied ecotypes.
5. For the past several decades. dozens of orcas have lived in
entertaininent and corporate
7 of 65
animals of singular beauty and mi.,tht in
with distinct cultural traditions
socially complex
Page
parks.
captivity for public
either
captured
or
bred for that
exclusive purpose.
6. Orcas in the wild
matriarchal societies and
tpically
arc
rely
social animals which live within low...I-established
hip_hly
on
sound for communication and
and ecotypes does
not occur
orcas can roam
7. The
public
approximately
hundred
I MO miles
morpholouy.
only
a
day.
the mistreatment of these animals. but also concealed
8. Concealed from the
confined space. the tbrced
of whales that do
not
captivity
public
is the
at
SeaWorld is luirmfoi
impact
separation of young
have the
same
of vounia female whales_ the routine
on
to
psycholoEical manipulation
these animals of captivity in
at
orca
a
tiny
whales from their mothers. the unnatural mixine
times food
7
breeding and inbreeding
products
to
onnaturall
druti the
deprivation
to
which
are
of pharimiceutical
and
for the
their welfare.
culture in small spaces. the forced
use
orcas.
and endurance. in
deceptive and false illusion carefully scripted by SeaWorld and created
has concealed not
the
one
They
Interbreeding beMeen populations
in the wikl. Because of their size.
behaN ior that evidences how their
orcas.
maintain group cohesion.
live in stable_ kin-based social eroups that range in size from 2 to 1 5 (or more)
Orcas of different matrilines have distinct calls and whistles.
nature
to
they
subjected.
the
deep
rake marks
many other
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their bodies that result from
on
life-shortening and painful experiences
9. As
a
result of these and other conditions
and
incompatibility
from which
kept
from
Page
humans
on concrete
can
unreasonably
monotonous.
empty. and
dangerous
a
pools
1-rom (what
to an
unnatural and
forced resienation
life of eaptivity.
10. SeaWorld conceals the truth about the conditions and treatment of its
and attacks without restraint those who
breed
captive orcas.
triegers
a
To
question
and
predimble
desperate
radicalism.- -extremism.-
misrepreseinations
and
SeaWorld. for SeaWorld
adults (or would have
orcas
of harboring and
profiting
decision
from
response from SeaWorld. accusinu the
to
Lucas
keep
captive
and
orcas
questioners
of
ample opportunity
wellbeine or the captive
to
provide
orcas.
accurate
information to
consumers
SeaWorld instead makes
which shield the truth about the motivations and effects of captivity.,
12. Plaintiff. and
SeaWorld's
propriety
continuing business
captive
or worse.
11. While SeaWorld has
regarding the health
the
the
question
described
as
down and break
wear
and metal, and bane their heads into the walls of their
only describe as fear. anxiety. sadness. and
escape.
view, and
public
below. Sea World whales die many years before they Nvould in the wild,
their teeth
no
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conditions. and
cramped
have
they
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in
tens
of thousands of consumers. would
memberships,
paid
captivity
a
for SeaWorld animal
have
was
paid for admission
-experiences- for children
far less for the same) if the trtuh about the
13. As SeaWorld's stock
i.emoved. alone ^vith
or
not
treatmem
to
or
and behavior of
known.
price
has
plummeted
decline in attendance at its
SeaWorld's material omissions who
unwittingly
parks.
and
8
since its 1PO and the CF.0 has been
the
public
customers
regrettably paid
nionc,
subjected
to
to
SeaWorld based
8
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upon
a
false
understandim.=
misinformation
campaign.
14. As discussed
501.201.
and
et
seq.
Injunctive
Plaintiff seeks
of Nk hale conditions and
are
entitled
fully
more
to
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caused
have those funds returned
return
by
to
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SeaWorid's
them.
below. SeaWorld's conduct violates: (i) Florida Statute
(Florida Unfair and Deceptive 1 rade Practices Act):
Relief: and OH)
Page
trittgers
warrants
claims for restitution because of its
of money she and others
simitarly
situated
paid
SeaWorKs concealment of the truth reLtardinu the condition and
to
(iit Declaratory
Lnjust Enrichment.
SeaWorld
treatment
of its
as a
result ol
captive
orcas.
II. PARTIES
15. Joyce Cole Kuhl. is
proper pally to
bring
an
this action
individual who at all times mentioned herein
as a
visitor to Florida and
as a
was,
and is.
a
resident and citizen of South
Carolina.
16. At all times relevant to this action. since November 30. 2009. Defendant SeaWorld
LLC. is and has been
2010 its
principal
a
limited
address and
liability
company.
mailing address
are
incorporated
listed
as
in Delaware. Since
9205 S. Park Center
April
20.
Loop. Suite
400.
Orlando, FL 32819.
17..At all times relevant
to
this action. since February 23, 1971. Defendant SeaWorld of
Florida 1.1..C. fka Sk..aWorld of Florida.
April
29. 2010 its
Inc.) is and has been incorporated in Florida. Since
principal address and mailing address
are
listed
as
9205 South Park Center
Loop. Suite 400, )lando, H. 32810
18. Since October 29. 2013 Defendant Sca\Vorld & Busch Gardens Conservation Fund.
Inc. is and has been
mailing
a
address listed
non-profit corporation. incorporated in Delaware with
as
9
I.00p.
its
principal
Suite 400. Orlando. FL 32819.
and
9
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10
19. At all times Televant to this action. since February 4_ 2010. Defendant Sea World
Parks N.: Entertainment. inc.. is
a
profit corporation, incorporated
publicly
traded company (NYSE: SEAS) is and has been
in Delaware with its reinstered office located
Suite 900. Dallas_ TX 75201 and its
mailing akIress listed
as
at
a
for
1999 Bryan St..
1.00p.
Suite 400. Orlando, FL 32819.
20. If Seifforld had
ol its
captive
properly
disclosed the true facts ahom the conditions and behavior
whales. Plaintiff and the
memberships.
or
Sea World
orca
proposed
Class members w.ould
not
have
bought tickets.
"experiences.MIUSDICTION AND VENUE
21. This Court has diversity jurisdiction
because the
amount
members who
are
over
this action pursuant
to
28 U.S.C.
1332(d)
in controversy for the Ckiss exceeds $5.000.000. and each Class includes
citizens of a different
21 This Court has
state
than Defendant.
personal jurisdiction
over
Plaintiff Kuhl
personal jurisdiction
over
all Defendants
as
she submits
to
the Court's
jurisdiction.
23. This Court has
collectively referred
SeaWorid- hecause they conduct substantial business in this District and
to as
throughout the
State of
Florida.
24. Venue is proper in this Couri under 28 ti.S.C.
marketed and sold its
omissions
alleged
product
in this
within this District, and
Complaint
a
1391(b) because SeaWorld has
substantial number of the
occurred within this District.
10
acts
and
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IV. FACTUAL ALUGATIONS
25. On December 30. 2013.
Orlando located
total
Plaintiff..layee Cole
Kuhl.
purchased
ticket
7007 SeaWarld Drive. Orlando, FL 32821. Plaintiffs ticket
at
Plailuiff of $97.98 inclusive of tax. and she used her ticket
coast to
a
as
to
cost
Sca Wadd
$92.00 for
admission
a
to
Sea Workl in Orlando. Florida.
A.
Sea World Markets, Advertises and Promotes
Captive
Enchanting, Alluring
Illusion of
killer Whales
26. Sea World's
They
an
arc
marketed
the
centerpiece
as a
to enter its
global
ticket
to
marine
park empire
is built upon the backs of its
al-traction and have been since the late 1960s. A ticket
the
magic
of areas livintl
performing areas.
to
SeaWorld is
happily and performinQ for those lucky enough
gates.
1
rgfStaWorld
'Acmte
41::
itII
27. SeaWarid describes itself as follows:
Seall'arlel is
widely recognk:ed as
world Our .CealForld theme
in the
leading Inarine-Iik theme park hratul iii ilk
parks rank among
industry and otter np-elose
varic1.1.
llw
pcilormancc v Ihtel
interactive
tnimene
11
111C
most
highly attended thenw parks.
experiences. thrilling aill'aclirWs alid a
guests
in
the marine-lite theme. Each
11
S'ea;f.orld (hone
which !moire
shast.Eases killer whales
park
orcas
who
The
in the open
Biology
I. Distinct
all parts of the
orea
separated
orcas
as
are
the most
are most
They
what
arc
have attracted millions of visitors
um-11110n 10 ordas
captivate
bv siuniticant
a
oceans
31. Alone
tropical. subtropical, and offshore
races, or
may have
sliuhtly
ecotypes. At least
distance, others living in the
I:eotypes feed
as
on
Those
aniont2.
di fferent orientations.
cuts
catching the wind
have favored those
huge tins
to
space
as
speed
and sizes.
but
on
multiple
the back
dependinu
on
the
slightly different shapes.
male
orcas
have
developed
a
they dash toward their meals.
toward
booty. The forces of
for purposes of temperature
12
(sympatric)
and uray capes
shapes,
sea.
through the water
distinct ecotypes
ten
each ecotype will have
patches
mammals whose habitat is the
same
waters.
different prey and vocalize in distinct
dialects
different dialect). The white eye
like black-sailed corsairs
seem to
both children and adults.
widely distributed of all marine mammals. found in
also found in
ways.
dramatic sword-like dorsal fin that
evolution
captive
of the world.
ecotype. Even the dorsal fins of different ecotypes may have
looking
annually for
how thev live.
using different languaucs (known
fiunilies. each usinu
12
speciallt- desig)ed ainplutheaters,
abundant in colder waters. Mc !tiding Antarctica. the North
be tenned
can
genetically and in other
ways. akin to
awe at
ecotypes exist in all the
They
oceans.
30. Oreas exist
different
in
seas are
Atlantic and Pacific Oceans.
some
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of Orcas
29. Killer whales
exist.
parks
SeaWorld dazzle. fascinate and
perform at
study orcas
B.
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In 2012. 5.35 million guests visited Sea World in Orlando. Honda. The
Years.
that
In
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inspiring shows. underwa(er viewing and special clining experiences.
28. SeaWorld's water-based theme
several
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regulation.
The
dorsals
with the
help
bursts up
to
enormous
elevated temperatures
32. Killer whales
I.lowever.
genetic
are
species
less taxonomically distinct than
33.
or
subspecies
or
same
c)cle
swim in
dispersing
the
overheat.
to one
cclaccan
species).
biologists
to now
of killer whales worldwide ((hat is_
Other scientists consider ecotypes
larger
scrutiny and therefore provide
us w
of a killer whale. In this reuion. there
area:
residents (lish-eaters); transients
northern resident killer whale
to
they
be
population.
most
which is
are
ith the hulk of what is
three ecotypes
(tnammal-eaters):
detail and there
are two
uenerally front mid-Vancouver Island
to
co-existing
and oll'shores
the
poindations:
spread generally from southern Alaska
throuult to mid-Vancouver Island: and the southern resident killer whale
population. ranging
Washington State. but with members observed
as
far
central California.
34. Orcas'
is headed
make up
13
sub-species.
(shark-eaters). The residents have been studied in
as
can
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Among the various populations of killer whales. the whales of the Pacific Northwest
known about the life
south
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who
core.
not
evidence have led many
sub-species).
or
species
have received the most scientific
within the
body-s
that the killer whales do
morphological
multiple species
different
are
so
hear away front the
generally considered monotypic (helonuinu
studies and
consider the existence of
believe ecotypes
shifting
the extremities
to
Page
generated by the speeding oreas
eneruies
by
30 miles per hour
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by
a
a
sense
ofcommunity
matriarch and all
of their calls form
family members
that is. families
dialect
a
pod: pods
is bolstered
with
speak
the
by what
use
same
some common
13
the
we
same
might
call
languaue. Each family
calls and other various sounds that
"lamivage.- Various families that share
calls form what scientists call
a
clan.
most
35. Different clans have
behaviors
interbreeding
no
cans in
certainly play
southern residents do
common.
with each other form
of three clans: the southern residents
dialects almost
a
are one
role in
interbreed.
not
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a
but clans
population.
not mate w
preventing inbreeding.
interbreed. Somehow. these whales recognize
ill) related
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Nfore
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genetics and
The northern residents
clan. Whales do
although
w
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are
made up
ith close relatives:
remarkably. the northern and
the three clans of the northern residents do
common
lines or ancestry and
can
distinguish
northern from southern. Genetic field research has confirmed this,
36. Orcas sliow considerable sexual
develop larger pectoral
Adult males
are
(a mother and her
highly
social animals.
offspring) that
groups of 50-100+ animals
of limod
much
larger and also
They live in stable social groups based
range in size from 2
occasionally form.
hut
are
to
temporary
15
or more
resources
likely
account
or
on
animals. Larger
groupings of smaller
that congregate lbr seasonal concentrations of prey. social interaction.
availability
are
and dorsal fins and tail flukes than remales.
37. Killer whales
kinship
-"dimorphism.-
mating.
families
Differences in
fbr much of the variation M group size within
orca
populations.
38. Different
populations
of killer whales exhibit different
patterns, social structures, and home
populations or ecotypes_ despite
2. Oreas
are
range
sizes. Interbreedinu does
the occasional
overlap of home
not occur
hetween different
ranges.
highly communicative, intelligent, and social.
39. Like all cetaceans, killer whales
reeding.
dietary prelerences. behavior
and communication. They
produce
depend heavily
three
pulsed calls,
14
on
underwater sound Cur orientation.
categories or sounds: clicks. whistles.
and
14
40. Echolocation clicks
diseriminaling
heard
during
prey and other
are
objects
are
resemble
squeaks.
structure.
and
are
screams,
and
characterized
are
the
are
a
to
to
pods
to
increase the
43.
longer than
brain is
more
cells and
our
in
species.
urea
Studies usinil
a
consc
commonly
during
with time) with
Nllost calls
are
highly distinctive
imlse repetition
in
rate.
a
unique repertoire
high levels
of discrete calls
serve as
or
family badges
of noise. killer ^vhales
as a
to
basis for
and
are
superiority. orcas
explains
awareness.
have
larger
humans) and have had them for millions
1IU technoloiy reveal that the
brains. An examination of the
iousness and
our
neocortex
human brain, and thus, has greater volume. There
endowment these animals have. and
level of
also
amplitude of their calls.
-wrinkled- than
neurons
ear.
transmitted. These dialects
brains (and their brain-to-body-size ratio is similar
years
and
type of vocalization in killer whales and
possesses
humans often cite brain size
Although
arc
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have distinct calls and whistles. In resident killer
pod
culturally
(pitch changes
in tone and
used to maintain ilroup cohesion. In instances ‘vith
known
navigation
be used for communication and
the human
by rapid changes
learned and
for
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communicative function.
most common
wfiales of the eastern North Pacific. each
are
primarily
modulated sounds
squawks
42. Killer whales oldifferent
which
he used
Page
in the surroundinil environtnent. but
frequency
harmonics. Pulsed calls
dialects
to
puked calls are believed
social activities. Whistles
multiple
Ix:hexed
social interactions and may have
41. Whistles and
Filed 04/09/15
Document 1
urea
brain shows
us
of an
are more
orca
brain
the natural
the social nature of (yeas and their
of
sophisticated
15
3. Orcas
Filed 04/09/15
Document 1
44. Both the northern and southern resident
family is
and dauelners:
sons
in the
stay
PagelD
led
made up of clans and
16
pods
by a reproductive-aged female (a matriarch) and comprises
mother and all her
a
populations are
offsprinu form
the basic unit of orca
within reach. NIales live with their mothers their whole lives. Whales within
family usually travel less
than
a
mile apart and
are
often within
a
sinde
both
society. Eyerythimt
revolves around the matriarch. Even when her dattatters become adults. their
family
families
16 of 65
organized in matriarchies and ckse-knit.
are
and families. Each
Page
body lenath
own
a
of other
family membe•s.
45.
Everyone in the matriarch's immediate
her like
surrounding
includes all her
suns.
In
some
offspring
are
are
matriarch, her
status
a
and
oceanic hive,
a
to
her
few body lenuths
younger than I 0-1 5 years old
own
and
as
well
generation
nephews (the
a
place
in
join
sonic
apart from their mothers
the faini lies (Ilan
aunt or
or an
sons
sister
equivalent
or
or
her adult
as
older
of deceased
outcasts
repeated
attacks
to
communal hierarchy. Same brothers have travelled
maintain social
together
outside of
rare.
and engages in other
often the
female. At the death of
niece, just
47. As discussed further below. SeaWorld forces motherlessness
are
Her circle
away.
male and female
part of the entourage. Sometimes
no status
will
sans
matriline. but this is
orcas.
physically.
part of the group.
46. Males have
a
an
oi.these fmnilies. male relations of the matriarch's
(brothers and uncles)
sisters)
queen bee in
a
stays close
court
acts
that destroy
of the societies that
by
not
Cosier
emer2e mane
the other whales.
16
family bands.
Sea
orld's
on many
It
is
areas.
of its male
these males who
subjected
to
icious
4. Orcas in nalure
48, tinder
as
long
as
objectively Ltood
human beinus. Both
birth
approximately ever^ fix e
have
a mean
an
(aka "Granny") is believed
1. SeaWorld's
a.
natural environmental conditions.
reach sexual
sexes
years and
en
maturity
own
accidentally cauht
set
about
capture business
to turn
lishiml
owner
net
October 31. 1965. She
a
was
the then-nascent water theme
spelled
40
14. Feinaks cive
or so years
an
of aile. Females
estimated maximum of
southern Resident 32
or more
Captive Orcas
captured
areas.
history ol'SeaWorld begins
amusement
whales into
young lemale
urea
a
in his
own
yearned
to
capture
here. After obtaininu
Seattle
a
an
aquarium (named
business, ln 1965. Griffin's
urea
Sea World). Shawn landed
park
at
from
Puget
Sound. off the
Washington
named Shamu (She-Namul. and thc leuend born of man's
conquer and incarceration of uller whales beilan. The
was
at
from Seaitle. for several years
for his
capturing these
captured
17
roughly
began.
50. Griffin's team
coast. on
a
should live
values
entertainment. The
in
PagelD
be close to 100 years old.
to
aquarium
an
orcas
approximately
through menopause
SeaWorld launches its business with
killer whale for his
Nam). he
at
estimated maximum of 80-90 years
famil)
49. Ted Griffin.
17 of 65
long healthy lives.
The Undisclosed Truth About SeaWorld's
C.
Page
life expectancy of 50 years: males 30 years. Males live
60-70 years and females
urea
live
can
Filed 04/09/15
Document 1
in San
Diego.
customers
17
to
purchase Shamu
California. called SeaWorld (at that lime
SeaWorld's Mission
1965.
lined up
Bay marine park
on
December 29.
51. Sea World continues to
whale-
as
from the
the
aggressively
market the
attraction of its entertainment
signature
inspirational
Filed 04/09/15
Document 1
-man
caring
myth
for beast-
explosives
were
used
to
an orca
herd the
from its
orcas
into
Orcas may be killed in the process_ and
several deaths
were
session. In
a woman
54. Shamu
was
as a Young
following
a
where
violence and force. At the time.
they
during the
could be isolated and
55. Sea World. when
into the world of captured
currently
in
nets
used
to
captured.
confine the
pod
earl• captures.
Sea World (as
was
forced to
a
was
transformed
secretar^1 during
a
by violence and
phow promotion
acknowledge prior attacks b^ Shams].
bacterial infection. This
whale taken from her
multi-million-dollar marine entertainment
orcas
of Shamu is far
taken out of performance and died only four months later. when she
still less than 10 years of age.
early death
SeaWorld
the killer
exception. Shamu's mother died during the
was no
employed by
subsequent litigation.
story
PagelD
aggressive act by an outside intruder
an
abduction or the calf. Even six years later. Sham. whose life
aggression, attacked
The actual
they can get entangled
knotvn to have occurred
53. The abduction of Shamu
now-proverbial --Shamu
empire.
.family by
areas
18 of 65
that SeaWorld perpetuates.
52. A whale capture itself. of course. involves
(the human hunters) stripping
Page
family.
entertainment_
performing were
the cruelty associated with its initial
prefers
to
an
more
complete
ocean
and
telling
truth is that
homes I-or SeaWorld's
Sea World) have survived. "[hese abductions not
18
venture
misleadingly claim that only 5 of its 29
taken from the wild. The
by
who died
became the brand that built SeaWorld's
only 5 of the 32 wlmles violently abducted from their families and
business purposes (each owned
orca.
empire.
pressed to acknowledge
orca
captured
was
only
tore
18
apart these
whalesfamily
kil ling them
units.
Filed 04/09/15
Document 1
they usually
included violence
against
an
approximately 34-year-old
urea
the others.
for
a
othk.'r whales. somclimes
who later became the
Sea World followine the death of trainer Dawn Brancheau and the
at
PagelD
outright.
56. Tilikum.
captured
19 of 65
Page
approximately
away from his
was torn
of aue
two years
by
an orca
face of
new urea
BlacM.sli documentary.
was
capture operator in Iceland. Tilikum. like
family auainst his will and confined
to a
small
tank
concrete
hefty profit.
b. Sea World
destroys
orca
families arid
cakes from their mothers for
removes
profit.
57. Sea World has
mothers within its
separated nearly
captive
orca
usually before the calf is live
observable
suffering
and
population.
years
even
SeaWorld
from her mother
at atze
Spain:
59. Takara
lie is
performing
obvious
hut
orcas.
high degree of familial
as two
can
animals who have
are
shown
to
without his mother
stress to
at
plight
at
for
preservation.
together. In truth. Kohana
was
taken
arratwements to
rua
SeaWorld Orlando. When I akara
while
persisted
entertain in Texas.
military plane) Takam
her
as
cohesion.
also robbed of her second call: Trua. when l
a
years of age and
only be described
currently performine under leasing
her mother is forced
was
separated
w
youne
maintain this illusion of merciful familial
three and is
Vexas from Florida (via
adding
to
at as
of age. This results in
•akara and her calf Kohana
oreas
audiences in
picture used
a
dozen calves (niale and female) from their
sometimes
agony for these
millions of years in the wild with
58. In the
two
the
was
same
1.9
also
time
seven
as
also three
was
vears
transported
old.
to
months pregnant at the time.
separated
Irom her child.
19
60. Before this. Takara's mother. Kasatka.
earlier. Kasatka
was
began
Filed 04/09/15
Document 1
was
ser)arated
never
61. Years later. when Takara's vocalizations
extremely agitated by
work ended after the
to
orca
be
as
caused
the
to
the
2. SeaWorld
63.
numerous
packs
:It.
secs
regardless
result. All of this is
problems at
SeaWorld Orlando
SeaWorkl
that ''have
separated
to
for Kasaika in San
daughter's
Weals.
Diego.
voice. Kosaika
performance. lone before all
orcas are
commodities.
to
of the obvious
psychological
and
publicly
denied
by SeaWorld for
dispose
are
create
dolphin's
rusty which could
cause
hazard." At the Shaun! Stadium
during their December
expired nearly
and
"might
became abrasive to the
were
work
long-range
was
water
be moved and
physical
fear of lost
harm
revenue.
orcasliving conditions in captivity
which the report found
that
water
were
Agents from the I JSDA .Animal and Plant I lealth Inspection
inspector's ordered
or
played
of hearing her
captured and captive
of medical sutures that had
patches"
torture
weRr
taken.
was
deteimined ihat
was
Tilikum killed trainer Dawn l3rancheau.
corporation
orcas as a
the
danuerous for
too
62. To SeaWorld. these
relocated
20
SeaWorld. Kasatka emitted
by
from her in her years of captivity. It
previously heard
eventually determined
PagelD
her li le of captivity when taken from her mother in the wild. As Takara
the vocalizations. which continued lonu after her dauehter
Kasaika grew
20 of 65
from Iakaia herself. Even
taken from San Dieuo from her mother for business purposes
vocalizations
Page
a
decade before t he
a
of them. There
loose,
were
longer
are no
health risk"
skin. The
2012
if the
inspectors also found
peeling and flaking
inspectors found
20
lose
inspection,
"painted
concrete
are not
concrete
two
of
flooring
were
and the
& concrete
in uood
chips
repair"
were
ingested
overhead metal beams
that could "also create
areas
tAP1115) found
inspection. There
durableand
especially
Service
a
potential
health
which could easily be
dislodued and fall into the
found
inspectors
area
had "worn
areas are not
a
health risk
Live in
in
water
problems in
where
one
they would
of the shde-out
paint exposing the underlyinu
good repair.
do
not
facilitate
these whales." See David
to
Filed 04/09/15
Document 1
health risk
create a
areas
concrete
cleaning
Page
where
out
of the
Auric.. Animal & Plant I lealth
Inspection
and disinfection. and
can
world. Who often S\\iifl up
them.
are
Ihe size or
a
In
Service.
captive oreas
100 miles
sinule
duration of their lives, the
a
Inspectirm Report.
ITS
Deplt
ot
64-65 (Dec. 26. 2012),
a
one
of the
day in the wild
largest marine predators
to
unnatural and
in the
uithealthy
tanks that.
room.
water
in which the"
cramped conditions
light
orcas are
are
fated
to
subsist at SeaWorld for the
held does not resemble
an ocean
environment.
so-called "med
actually performing. SeaWorld's captive
pools- only eiuht
circumstances. bm instead for
68. The
enhance issues of incompatibility and
orcas
rake each other's
with unnatural levels and durations a violence.
67. When not
during,
to
series of interlockinu chemical baths.
66. Tlw
bodies and
cause
Kirby. flity is Searl'orld Allowing its Killer Oinks
65. In addition to the tanks in which these
Instead. it is
potentially
stiffer ill filly and unnatural chemical tubs.
orcas
64. SeaWorld confines its
to
ftc
water.
matrix, 'The report continued that "these
http:!/www.takepart.com.lartick/2013/03/•07/SeaWorld-bad-living-conditions:
These
21
TAKEPART.com. (March 7. 2013).
Crumbling Pools.
a.
PagelD
inuested. Finally, the
haul
oreas
21 of 65
orcas are
feet
deep. These pools
are
orcas
mostly
spend
many hours
utilized
not
a
day in
lb!. emergency
daily, routine staging for the Shamu Shows.
often in these
staginu
and after each show. Sometimes
the^
tubs for up to
are
an
hour several times
there for extended
21
periods
a
day. before.
to ensure
that
visitors have
enough
such conditions
time
(exposed
10 see
to
Filed 04/09/15
Document 1
Page
22 of 65
PagelD
22
them: SeaWorld does not inform these visitors of the stress 01
the elements above the
water
surface for extended
periods)
for the
orca S.
69. The chlorine solution SeaWorld
several limes
chemicals:
(known
to
sulfate (the acidity of which
developed
damage
have
such
no
from the
habits which
provides
enough
to
open their
cannot
for extended
these
periods
with
oreas
endanger their health
h. Shallinv
is also treated with two other
things)
sun.
and aluminum
at
times
have been addressed with emergency
own
eyes
of time. The
at
all. Some trainers_
oreas
as a
result_
themselves. of course_
pools
expose the
plain-N‘ alled
chemical baths
of their time
floating listlessly
at
ithin
Inch whales
and shorten their tire spans,
areas to
fatal risks.
71. Due to the shallowness of their tanks and their eonlinement.
Most
in the tanks is itself
reprieve.
70. SeaWorld
develop
water
quality
sisznificant burnin2). Orea trainers have
eye burns from this water serious
kept
water
water
the Imo and eyes. among other
can cause
medical attention. At times, trainers
have been
maintain
than household bleach. Tank
stronuer
ozone
uses to
the surface of the
water
orcas at
with little
to no
SeaWorld
spend
shade from the
Each SeaWorld location is l'ound in sunny. hot parts of the United States: San Dieu.o. San
Antonio. and Orlando. ln nature.
by spending
-loL.Lting- behavior is
rare
and whales escape the sun's 11V
up to 95% of their time submerued below the surface.
but
SeaWorld their tanks
the
ocean:
too
light-relketive.
at
are
finding
far too shallow_ the Ivater
22
too
shade in the
rays
depths
clear, and the surfaces
of
Filed 04/09/15
Document 1
72. In contrast to the claims hv Sea World footed. in part.
front show
so.
have
pools
depths of 40
sunlight easily penetrates
reflective
nature
of the
the --med
pools--
noted above. To this
oreas
as
left unattended
depicted in
the
pool
walls.
the
feet (in Texas) and 36 feet (in San
the bottom due
to
in
Page
Captive
the unnatural
to
also
orcas
23 of 65
section
Diego
clarity of the
PagelD
abo\ e f. only the
and Orlando). Even
water
and the
several hours several times
spend
a
light-
day in
day. Goode-image pictures (captured randomly) show
in these
essentially roasting
eiebt-loot-deep pools
for lone
periods
of time.
following photograph:
Y.
t
11111.11"
1/7
kil
73. This
would
inescapable
never occur
ARE_
'v
and inhumane exposure
in nature)
can
to
sunlight
be fatal. Two SeaWorld
from bites
they received
orcas
while
and
high temperatures (which
have died from mosquitomotionless
the surface
transmitted diseases
resulting
Of these small
suffering in the hot and humid climates orcentral Texas and Florida.
r.
pools
SeaWorld hides
arca
day) also
cause near
on
sunburns with black zinc oxide.
74. These harsh elements (i.e.. exposure
hours each
floating
perpetual
obvious I-act that SeaWorld's unnatural
to
sunlight
sunburns for (he
and heat
orcos.
captive environment
23
is
near
the
Rather than
water
surface for
acting
unhealthy a-1r these
on
the
oreas.
23
Sea World shields this from
Filed 04/09/15
Document 1
view with the
public
Page
24 of 65
PagelD
24
of black zinc oxide. iAltich conveniently
help
matches the orcas- skin.
d. The
oreas are
of food.
purposefully deprived
75. Sea World's fleet of orea trainers maintain relative
by simple
virtue of the
monopoly these trainers have
76. Orcas aei both their nutrition and
consume
reality.
each
by
78. In tact. this
just
one
a
practice.
deprivation
day. but several days and
SeaWorld has vehemently denied this
3. Sca World's
a.
captive
SeaWorld's
captive
practice
to
orcas
uninterrupted compliance
occurs
the
to
depriving the
orcas
receive their necessary
hunger strike by an orca.
with respect
to
several
orcas over not
inhumanity of such behavior.
public.
as a
result of their treatment
live shorter lives.
a mean
orca.
upon this fundamental
Enrichment.-
weeks. Because of the
life expectancy of SO ycars for females and 30
the estimated maximum life span is 60
for kmales. Burnett. orcinus
deliver the
sell-initiated
whales deteriorate
79. Orcas in the wild have
Ibr males
or a
has occurred and
even
to
and maintains that the
medical condition
supply.
shows. SenWorld resorts
hardly "Behavioral
is
77. SeaWorld denies this
volume of food absent
training scheme rests
public performance
deprivation
the orcas- food
from the dozens of pounds of fish they
reinforcement fail
positive
SeaWorld for its
of food. Food
hydration
Sea World's entire behavioral
When the trainintl and
demanded
orcas
day.
over
authority over the captive whales
Animal
to
Diversity
70 years tOr males and 80 to
than 90
Web (2009).
littp://animaldiversity.uminz.utnich.edmsitefaccountslintbrrnationiOreintis_orca1.
24
more
years
see
also. Culik.
Filed 04/09/15
Document 1
Page
25 of 65
PagelD
Odontocetes. 'Me 'Foothed Whales: "Orcinus Orca." I.:NEP/CII1S Secretariat. Bonn. Germany
(2010). Intp://www.cms.inureportsismall_coaceansiindex.litm. ("Mean life expectancy is 50
years and longevity up to )0 years.").At least
about 100 years old. In
captivity.
most OICaS
reached 35. The annual
mortality
rate
in the Pacific Northwest is believed
one orca
die in their
for captive
orcas
teens or
20s and only
is 2.5 times
higher
a
be
to
handful have
than that of orcas in
the iild.
80.
Among captive whales, only
neither has yet achieved the
the
species
in
captivity and
mean
out
two
females
currently living
life espeelancv of SO. This is after
of do/ens of orcas held kir
no
captive males
is ill his late 30s). and less than
lived past the
mean
their early 20s.
82. The
Adnntting
public
and
capture
were not
living
one or two were
known. the
exact
lemales
in their 30s
are
the
at
ages of wild-caught
a
have lived longer than 40 years (the oldest.
handful have reached 30. Only
life expectancy. The vast
many
four
of maintaining
be determined).
captive whales cannot
81. To date.
exact ages at
the age of 40:
passed
ti
1
.1
..ve t.eca_es
display. Only
currentlyin their 30s. and of the females who have died. only
time of their deaths (as
have
still in their
longevity
the obvious
early
of orcas in
iriajority of captive
two
males
orcas
at
current
living.
SenWorld have
of either
sex
die before
teens.
captivity
has been
disparity between longevity in
a
sensitive
subject
for SeaWorld.
and out of captivity would
concern
the
damage SeaWorld. The following table is reproduced from David Kirby's Death
SeaWorld: this death table has been carefully concealed by SeaWorkl:
25
at
25
Document 1
Filed 04/09/15
Page
26 of 65
PagelD
urea Sea World Death .1. able
Shainu (1'). lived 6
Winnie (F). lived 24.5 years
Years
Ramu (NI). lived 15 years
Kilroy (NI).
Kolar (111). lived 16.5 years
lived 11.5 years
Shawn (F). lived I year
Kandu (1'). lived 4 years
Orky
Kahana (F). lived 12.5
2 (M). lived 20 years
Nootka 4 M. lived 12 years
I
Nootka (F). lived 20 years
Winston (M). lived 15.5
Haida 2 (1'). lived 19 years
Samoa (F). lived 8.5
Years
Kandu 3 (1'). lived 4 years
Sandy (F).
years
Bjossa (H. lived
ears
21 years
Katerina (F). lived 10.5 years
lived 4.5 years
lived 15.5 years
kona(1:). lived 6 years
Splash (M).
Canna (M). lived 2.5 years
Taku (M). lived 14 years
Frankie
Nyar (1'). lived 2
(M). lived 5 months
Kanduke
(M). lived 15
13aby.
•ears
lived 38 days (I iaida 2)
Ilalyn (F).
Kenau (17), lived 15 years.
years
lived 2.5
vears
(1). lived 21
Years
(iudrun (7). lived 19.5 years
Taima
Canuck 2 (M). lived 4 years
Baby Sharon 2. lived I
Kona 2 (H. lived 10
Surnar (M). lived 12 years
Kandu 5
'ears
I
days
(F). lived 12 years
83, it is unlikely that the scientific staff at
scientific literature
indicating
much
Defendantsparks are
"unaware of the
longer killer whale longevity than they
& Rose. Observations of Disparity Between Educational Materials Related
26
assert."
to
Hoyt. Garret
Killer Whales
26
Document 1
Filed 04/09/15
Page
27 of 65
PagelD
(Orcinus orca) Disseminfued by Public Display Institutions and the Scientific Literature 8
(1994), There is
spanning
more
a
great deal or hie, h1v reliable scientific literature.
than 30 years_
Olesiuk. Ellis & Ford. Life
and
History
long lilt:span which wild
the
detailing
including
Population Dynamics
MVOs
at
least
one
study
typically enjoy,
of Northern Resident Killer
Whales (Orcinus arca) in British Columbia (2005).
84. In 1990 the scientific. peer reviewed literature indicated that female killer whales had
an
averarie life
Olesiuk. M. A.
expectancy of 50.2 years. with
Bigus
Whales (Orcinus
& 1\1. LIB.
urea) in
at
85. Delendanis Iiifl to
seen
86. However.
wafers
longevity
of about 80-90
in
even
years.
P. F.
Life History um/ Popuhrann Dynamics qf Reskkni
ilashinom State.
RD',
209. 209.
h. SeaWorld orcas'
predominantly
maximum
the Crnistal Waters of British f'nlumhia and
WI1AL.COMMN, 1990.
fins
a
collapsed
provide
dorsal fins
accurate
are not
information
normal
regarding
or
the
healthy.
cause
oldroopy
dorsal
captiVe areas.
in 1994. it
was
understm)d that fewer than I% of killer whales in the
surrounding Vancouver Island. B.C. had droopy dorsal iins whereas in captivity. male
killer whales who survive the
I I( iv-r. supra
at
I O.
87. This is in
explanations
captivity
or
overheating
Northwest
maturity "invariably exhibit droopy dorsal fins." See.
of
onset
for tin
disagreement
collapse
with relevant scientific literature which
include alterations in
water
dietary changes, lowered blood pressure due
of the
collagen hrought
Regional
Office.
on
Proposed
halance caused
to
by
states
the
that
stresses
reduced activity patters
by greater exposure of the
of
or
tin to ambient air. NMFS:
Conservation Plan lOr Southern Resident Killer Whales
(Orcinus orca) 38 (2005) (emphasis supplied). The report continues. "[c]ollapsed
27
or
collapsing
27
dorsal tins
sueh
as
are rare
in
most
froin beini.-1 shot
or
wild
Exxon Valdez
suspected
to
spill
populations
colliding with
male resident whales in Alaska
in l 989 and
began
were
be in poor health and
public would learn the truth of this
to
a
88. Below is
a
and usualI
soon
matter
a
example.
two
serious
mislead the
public
and
PagelD
injury
to
28
the lin.
"the dorsal fins of two
years
to
oil
long
public view
deny
during
the
both animals "were
died." Id. 117. SeaWorld has
(as it is harder to hide frorn
to
28 of 65
after their pod's exposure
completely flattened within
subsequently
Page
result from
vessel." fd. For
Ibld
sins of captivity), and therefore cominues
SeaWorld's conditions
Filed 04/09/15
Document 1
the
wonied the
than the other
plain
truth that
ol'captivity cause collapsed dorsal lins.
typical picture
of a male
orca at
SeaWorld with
a
collapsed
dorsal fin:
Jbh.
..0
....omm
4.!=--
Alp
...-...4.-,
i i i0A11101114
s
4-:
_AK
89. A reasonable
or
she knew the truth
consumer
that this
viewing this
collapsed
lin is
urea
a
SeaWorld.
28
would have
a
far different
experience
result a the orca-s conditions of captivity
if he
at
90. Most
public
telling
how SeaWorld
the obvious
is
was
importance
a
posi made
able
to
Filed 04/09/15
Document 1
former SeaWorld
public by a
avoid
showing
the
of the issue lo r SeaWotid. s
collapsed
Page
29 of 65
PagelD
employee. disclosing
lin in
a
commercial.
to
pointing
the
to
public relations:
(www.youtube.com/watch?v fin.lcvoip.AuM):
SenWorkdTotaliyCar
What do you think of our new commercial?
We were able to edit the whole thing without
showing a collapsed dorsal fin!
youtu.belfrmicvoipAuM
DYouTude
11111111111=111.1111.1
I
•Pr
6
LTI
1...
SeaWariciD Killer Whale Experts:
Why We Care
Watch SeaWatid anznal tare experts talk oboili !he wriportance of inspirm gueits to
palled Wet' whales in the w.kt Learn more about StaWorld Cares at Iv
c.
9
from the
ground
their forced
con
linement at SeaWorld. and
public,
a
and
are
1. In reaction
This is like
dow
Captive oreasteeth
the
to
orcas
routinely rip
prisoner usinti
a
spoon
instead ola metal instrutnent. The
floors. gates. and
to
the
paint
n
also
kept hidden by SeaWorld
off the walls of their
grind slowly through
orcas
damaged.
the
prison wall.
obsessively tlrind their
pool stages.
29
pools by using
their teeth.
but with teeth
teeth along the
ledges.
29
92, To those m the
nibbling
human
fear.
great
the wall
on
terms
or
the floor of the
reactiAms
anxiety, and alienation. The
intelligences.
with
pool.
to
orcas
obsessively
Page
who witness the behavior, it looks
viewing puhlic
compulsive
as
Filed 04/09/15
Document 1
Instead. these behaviors
confinement.
repetition.
are
if the
as
PagelD
30
orcas are
better understood in
boredom. frustration, ennui.
occupy themselves. stimulating their
meticulous work and
30 of 65
repetitive
enormous
jaws and
behaviors (also known
as
stereotypies).
93. One whale. Vilna. in SeaWorld San Antonio.
friuhtening vigor
floor of the
This
creates
94.
with the
tooth
pool
that she bloodied and bruised her jaw. So much
that the familiar
significant
hazards for both the
This is in
and those that do
suction-feeding.
where fish
column) that offer
a
touch their ihod
dead fish
bmken teeth in wild
95. In
ing
complexes
there
are
orcas
prey (such
wearing the
dropped directly
shows or aggression
where
as
broken and
populations
most
sharks)
peeling.
worn
teeth
show little
feeding methods (such
or
teeth. The teeth of captive
down the
whalesgullets.
orcas
or no
as
water
do
not
Therefore_ the
injury is radically different in the wild than in captivity. Indeed.
the abrasion and breakaue
walls
or
be
to
as
many
as seven
animals in
conies not
from prey
or
feeding methods, but
steel gates that separate the various sections of an enclosure
usually at least two enclosures
can
her
and trainers,
orcas
wild
ti-om the
vacuumed into the mouth rather than grabbed from the
wear or
on concrete
are
contrast to
stripped
was
literally transformed by
damaged dentition. primarily
specialize in
are
was
paint
with such
paint
orcas are rare.
captivity.
complex (there
show
clear mechanism for
mechanism lot any tooth
from gnaw
geography of the pool
C'ainive orcas routinely
pulp exposed.
wear,
the wall
went at
a
primary and
enclosures, all
neighborinu
medical
separated by
enclosures
30
a
or
due
to
metal
and in
larger
gates). often in
other frustrations.
96. Irnigcs online
soliciting fish.
showing
Once the
exposed.
become blocked and
97. In
infection
areas
many broken
or worn
the
orcas.
98.
no
Judging
complete, the tooth
out
tooth
two to
bacteremia. and
open-mouth position. t^ pical
teeth. Tooth
down its teeth Car
food
in the
plugs
body. According
drill is used to drill holes
manual drills with
in the
enough.
a
breakage
pinhole
anesthetic
exposed cavity
of
PagelD
limns that will
31
an arca
invariablv leaves the
the
provided
to
pulp.
the
in
pulp
ultimately
not
scaled
three times each
or
capped
a
a
modified
tooth breaks.
pulpotomy.
painful
a
routes
for
variable
speed
Trainers also
use
for the whale. Once the drilling is
and therefore trainers must
da^ for the
direct
oreas.
from behavioral reactions, this is
is
can serve as
lOrmer trainers. when
to
direetl^ through
rest
irrigate (flush) the
bored-
of the orca's life. to prevent abscess.
sepsis.
99. Ihe f011owing is
a
photo of such deanilw:
.-'7.2'.
.V
I. 7
'111....."'l-7'14.'
-'114-4-41-1;41111114114=:
A
F I
fr
i
..1: -'4P-1—
m•mo.,
'‘'19
illY
''''.‘4
i
47-fr<ori,
..11..
Ip.:, _44
c
i
s..A.
f
Pf
4:--;-IF
4,, I.
r_sk,
7
...ii•.
Ilrir
F.
31 of 65
Page
require drilling.
captive
to enter
depict car
orea wears
Filed 04/09/15
Document 1
P
1
A
1
a.
1
11A1•171..1
lir
Ilia pip k drilkd
-411ftimec
Capiiiiotreribmolcihoir ttydt on hoc imolai sled lita
and con61.a. stypvisitrat,
exproilaki Osa palp_afthe tatAIL
out via 4, 1tO1llial:VOillArP".__Sukiekqent1ihe 4r1i.aT4l$ Tegluke: _1104#4.i_tf.tc!P,kAgibin.P POrintio!., fowl cohliI•aigit-Ig 1
PdAteridlo etioxibP.bootisttcorn, 'Len.: 'qfy.TILL Aiow.sAmermi:clfwmoj,, ZInte 111e-piiturtd I
LuNdlihi5*IitgirThWefir
Me pivviliiii6t
duniaiini: in listiva
inaoses, Wil)i
Ti Klan.
and shc,
aic,
pudiecatih.
age.
ntitnika*tenth
ja-svx_nf ca04 imas'ate A OM ray rriattlitcd,
haihemakiitt*Iii0
1
topic- Win a Ohl k triathaannindpotd. v.:iits rnoltiltOing explainiii in 1'64" -as •Nnperint dentst.care."
lavas
:diing.
ror wimple, ho
Inoldhi,
re
on the 16wojnw..Thr do: i muted
31
c
100. Poor dental health is
including heart disease and
direct
route
for
pathogens
a
known
to enter
though
routinely regurgitate their food. This.
can
lead
to
of captive
case
further organ
body, such
not
as
Page
32 of 65
PagelD
of many veterinar%:medical conditions.
the blood stream where
tissue of various organs throughout the
animals. It
cause
in the
pneumonia,
101. Additionally. and
Filed 04/09/15
Document 1
they can
the heart
as
observed in
in humans,
nature.
creates
damage through
oreas.
the
or
these open holes represent
then be
deposited
a
into the
kidney.
SeaWorld's confined
significant
body, weight
oreas
health risk fOr these
issues and further
destruction of licalthy teeth. SeaWorld has lon g. known of this. but accepts that abnormal (even
desperate)
orca
behavior among those in
entertainment and company
d. ScaWarld's
101 Due
boredom.
to
anxiety,
what
stress.
captivity
areas arc
can
injured
only be described
a
variety
orca
adorning
SeaWorld is not
!W. SeaWorld has
daughter/sister)
as
the product of unnatural confinement.
attacks
on one
SeaWorld's
another
orcas.
its
as
treatment
evidenced
captive
by
orcas are
the
injured
and
a
scientific
hreeding
urea
research institution.
forcibly bred and inbred
interbreed in the wild: indeed,
a
SeaWorld.
of ways.
4. SeaWorld "science" and forced
a.
at
fear. disorientation, and the overall poor conditions and
and unnatural rake marks
damaged in
for this ibrm of human
price paid
profit.
described above. including routine violent
persistent
is the
has occurred
a case
at
orcas
of extreme incest (a
of
varying ecotypes that would
son
mating with his
SeaWorld. The creation of these
32
mother
orcas serves no
to
never
produce
conservation
32
function and leaves these
orcas
Filed 04/09/15
Document 1
a
species markedl^
social
b^
Page
with
nature
33 of 65
no
PagelD
33
social identitV
whatsoever.
h. Sea World
impregnates young
female
oreas
with sperm from relatives and
different ecotypes.
104. In July 2013. the
very
Sea World's treatment of captive
Old
urea.
At that young age.
age at which
orcas
month that Blackfish first focused national attention
orcas.
an orca
Sea World
is not
artificially inseminated Kalia.
fully developed
naturally first conceive in the
VS
ild.
publicly acknowledge
105. This is
age six
not
surprisinu given
(possibly earlier).
two-years-old despite
at
the
aue
a
SeaWorld's
orca
on
the whale
history
ol
a
a
hiuh-
Sea World tbrced to
toreibl^ breedinu
was
necessity. They
were never
younu whales.
captivity).
taken kom her when he
seven
captive
orca
taken from her mother
and preunant with her second call
by
was
bred
at
less than
was
reunited. and Kalina died
Spanish
trainer Alexis Martinez in December 2009
Spanish facility.
107. Another
breed when she
was
ae
at
age three,
the age of eie.ht. She
and the second died within its first year of life. The father of both
in
Was
with
of 25.
of only
killed
Quest
call successfully born in
I ler calf named Keel
lack of any medical
106. Kohana. another
aue
ear-
it,
Kalina. the oriuinal "Baby Shanm- (the first
only
eight-
and is fir short of the 12-14 years 01
Only after a park
powered lens filmed the ultrasound procedure performed
an
on
was
was
bred
rejected
by
the
both calves
her uncle. Kew. Kew
both he and Kohana.
although living
owned lw SeaWorld.
captive
SeaWorld
only eight
orca.
Katina. who
years old. Now she is used
33
was
as a
cauuln in the wild,
virtual
breeding
was
forced
to
machine and has
Document 1
produced
Taku.
several calves since 198.5. She
pairintl Sea World termed
a
have and should have
a
Filed 04/09/15
produced
even
-mistake." but
one
an
inbred
34 of 65
Page
daughter with
that proper
husbandry
her
responsible
an
records ot.wild
killing
situation,
would
oreas
orcas
disregards the science on
arc
this
routinely
aware
interfered with its business
their mothers and in
unnatural
some
as
a
mates
that there
of oreas that
are
two
dog or
are no
a
Keto is
calves. In
bull
or a
historical
so
is
a
high deuce
of
much else in order
half-siblings.
to
ofkirced
offspring
instances die early deaths
no
never occur
in
nature
as a
nature.
breeding
il, TOW
and
its
orca
nephews. and
at
times
have been
rejected by
result.
of California. Davis. who spent
has stated. these SeaWorld
conservation value and with
34
aunts
SeaWorld. SeaWorld
program have
biogeographer at University
observing oreas in
with
ould
sustain and
uncles and nieces.
and the
produced hybrids
NA
inbreeding at
breeding
a
immature. SeaWorld also
socially
that the actual results of its
planning,
decade of summers
interbred and
noting
captivity.
and has sired
a
the children
hybrids.
nature.
it does
Ill. As Dr. Deborah (iiles.
nearly
orcas
known human killer (whether it be
breeding
110. Alsoand unknown in
cousins. SeaWorld is
captive
populations and ecotypes: these pairings
offsprimi
franchise. SeaWorld
to
are
killing lnnnan beings.
from distinct
and the resultant
a
attributed
be bred at all. It is worth
not
109. In addition to forced
breeds
for three human deaths in his 32 years in
responsible
for the fourth human
elephant)
would
prevented.
anyother captive breeding
tiger or
34
own son.
sminailement
108. Further. several of the calves born within the confines of Sea World
Tilikum. the whale
PagelD
no
natural
orcas -were
identity..
Trainers masturbate the
e.
112. ln
on a
basis. Male
regular
them
to
nature. orcas
Filed 04/09/15
Document 1
choose their
orcas are
trained
orcas
for
float
1:htt
at
SeaWorld.
35
orcas are
forced
breed
to
collect their sperm.
an
unnatural and foreien
upon these animals. that Sea World trainers involved in tlw process
swim with the whale from %Shorn the
speeinwn
the process
halal water
might trigger potentially
d. SeaWo rld
111. l.rnlike
SeaWorld
to
orcas
administer
goes without
saying
interventions
they
a
that
are
drugs
its
captive
to treat
are
procedure
forced
routinely not permitted
to
collected for fear that the association with
WO r k
aggression
or
sexual behavior.
orcas.
variety of powerful
drugs
treatment
of ScaWorld's
orcas
leads
them. sometimes for their entire lives. It
to
in the wild have lived for millions of years without these medical
necessary
solely
prof-ain,.
because of their
ulcers which
captivity
at
SeaWorld and SeaWorld's
from them.
115. Amonil the drues forced upon its
Tagamet. used
was
in the wild, the conditions and
orcas
interest in controllinit and
are
captive
nrcas are
themselves the
product
antacid
products. including
of stress and behavior associated
captivity.
II 6. Antibiotics.
orcas.
These
confinement.
oreas
PagelD
their bucks, and their trainers masturbate
on
113. This process carries such risk. and is such
with
35 of 65
profitable sperm.
own mates.
to
Page
drugs
treat
ineludinv
with whonl they
including Clindamycin.
a
are
also
commonly given
variety of infectious maladies caused
by
crammed into
pools unnaturally.
35
SeaWorld's
captive
their conditions oh
infections of thc teeth and infections caused
are
to
by injuries
Often these
drugs
to
are
them
by other
administered
through
their rood
along
Filed 04/09/15
Document 1
with vitamin
supplements
36 of 65
Page
PagelD
36
needed because fish lose nutritional value
when frozen.
Strong contraceptive products such
I I 7.
captive
to
orcas.
SeaWorld
Perhaps
personnel
themselves
react
would
never
dangerous that
tellimt. SeaWorld's
with
antipsychotic
be consumed in
dominate its
captive
1 9. There
tlw wild. The
thev
were
orcas
also loreed upon SeaWorld's
are
female trainers
are not even
allowed
are no
12(1. in
and
to
captivity,
given. among other
keep from public view
by
to
drue.ging by
reasons. to
calm the
drugs are dangerous
are
captive
for the
such
areas
orcas
additional tools SeaWarld
the reactions
oreas
have
to
and
uses
confinement.
trainers
historical records al orcas killing
arose not
because
or
seriously injuring human [wines in
areas were
known
to
kill
the close confines of a tank make escape difficult
and
hyper-aggressive
voluminous record of captive whale
orca
aggression
keep from public view. SeaWorld continues
never act vi
subject
people but because
kill other whales.
aggressive interactions,
whales
also
psychoactive drues. including benzodiazepines
but in confinement they
nature
-killer whale--
name
known
are
orcas are
dangers that SeaWorld publicly denies
Risks faced
a.
which
and
captive
their conditions al confinemem. These
against
5. Established
to
so
most
Diazepam (generic Valium)
which
to
drugs are
Regu-Mate
administer them.
118.
as
These
as
at
to
ith aligressiye intent (though it
SeaWorld maintains that
any
behavior is
nov1/4
to
impossible during
Wel kestablished.
Despite
SeaWorld that SeaWarld has worked
falsely
maintain in
acknowledges
public
that its
the actual truth in
mightily
captive
private).
unwanted whale behavior is the fault of the individual trainer.
36
a
121. On Februar. 24.2010.
by Tilikum (the
orca
taken
deceased
Emerging from
122.
a
into
a
pool.
on
Those
formally blessing
123.
and death
was
to
that the trainer's pony toil in the
during
of the
a
a
few months
training session
orcas at
provided TO
iI
at
facility
representative
began
and
rushed
to
knulish
to
as
orca
that she had
true
slipped
and fallen
circumstances of her abduction
campaign: so
trainer Alexis Martinez
it then
falsely stated
was
killed h the
orca
Keto
Parque marine park in Tenerife. Canary Islands. Spain. Each
are
owned
the
scene
responded
of his death
Sheri Ms Office
he informed the media of this
confirm the
by SeaWorld
protocols
at
to
all and
and
were
for I.oro
trained and bred
by
Parque and its employees.
A
after the young trainer's death.
the death or Alexis Martinez with
the actual circumstances of his death lbr
news coverate
profit,
by SeaWorld)
business-und-control-the-messate-at-all-costs- mentality.
on
this to protect its
caused the "accident.-
water
prior.
125. ScaWorld similarly
reportint
killed
through
Orange County
rethink its misinfOrmation
the I...oro
were
37
cartipaitn.
hich also trained and established the
SeaWorld.
SeaWorld
the
Brancheau's death. the
witnesses
SeaWorkl forced
124. Just
was
false information
death
own
ives stood behind the officer
park
PagelD
with SeaWorld's President and other corporate
private meeting
the misinformation
after
Onl^
blame fbr her
was to
talse information
exCc 1.1
37 of 65
Sea World trainer Dawn Braneheau
experienced
investigation. SeaWorld spread
leadership immediately following
reported (based
Page
young call from his family and home in the wild). In the wake of
as a
her death and immediate OSI1A
pr)xies implying the
Filed 04/09/15
Document 1
mil)
published.
37
as
one
Again.
long
small
as
a
-protect-the-
SeaWorld management
possible.
Indeed, there
Spanish-language
news
delayed
was no
item
Filed 04/09/15
Document 1
126. Fven after that. SeaWorid lirst offered the
phyed
what
a
role and. contrary
happened
abdomen with
to
ihe
there. The autopsy
injuries
and crashed him: it
to
pointed
the
and
was not a
over
variously hit
pulled
into the
tbr their excellent
and
estigation
challenge
the
objection.
SeaWorld's strone
water at ereat
2012
veracit)of any
explained
pool
were
‘vall
were
unearthed
then madc part or
In twill. several SeaWorld trainers have
and knocked unconscious. suffered broken limbs and ribs, and been
July
error
crushing of ihe thoracic
examples of ageression toward trainers
peril. Many
physical conditionine.
in its
and drownine
would have
on
by
ruling. painted
statement
have survived
a
at
all
only hy
mere
grabbed
fortune and. but
perished.
the adniinistrative court
handling the
OSHA
picture of the SeaWorld-orehestrated campaign
whale
supportine
document incidents that should be reported. and
to
aggression.10 frequently
mislead the
public
about the
to
refuse to
nature
and extent
of captive whale attacks.
129. As the administrative court's
the hazard
and
no
posed
by
working
plain,
opinion
reads: -SeaWorld insists it did
not
in close contact with killer whales. The court linds this
recounize
implausible
reasonable person could conclude that.
130. As the OSHA
38
simple drowning.
128. This evidence. commented
1il\
-compression
panic
the OSI IA investieation followine Dawn Brancheou's death. and
public record
been
to
that
PagelD
that trainer
the 1...nal oritans.- In short Keto slammed Martinez into the
127. 1)ozens of documented
during
expected explanation
Spanish autopsy performed.
38 of 65
Page
testimony
and evidence sunnnarized in the court's
the fact that SealVorkl trainers and executives monitor
aggression, document ifIL! ageressive episodes several times
38
urea
over
behavior
so
findings
makes
carefully for
the past decades all while
faise1
stating
puhliclv (and
even
Filed 04/09/15
Document 1
durine the OSI IA
proceedings)
aggressiveiy. shows that the company has long known its
unnatural
that
orcas
39 of 65
do
PagelD
39
not ever act
conditions of confinement
cause
aguession.
131. Sea World has done its best
noted in its
by
Page
"SeaWorld failed
to
keep these incidents from being reported.
As the court
document several known events of undesirable behavior
to
killer whales when workine with trainers.
132. Amone other
things.
directed all incident reports
incident'
so
133.
that
to
court
Judge Judith Rogers
case
of "unprovoked'
and "violated its duties
opinion and
as an
134..fhis known fact of captive
acknowledge
public
to
this
day_
is
disfavor: rather. this
conic to
conclude
treatment
las
overwhelming
kept
urea
evidence that SeaWorld
error
pkiyed
a
role in any
aggression would he established.
of the Court of Appeals for the D.C. Circuit. writin2 in
affirmation of Judge Welsch-s 051.1A
irresponsibly'
noted the
automatically indicate that trainer
documented
no
the
from
deception
order_ found that SeaWorld -acted
employer.
orea
public
aggression.
view
not
is maintained
ZI
fact SeaWorld utterly refuses
to
for fear that the whales would IA into
by SeaWorld for
scientists have) that these aggresskins
are a
fear that the
product
public
would
of SeaWorld's
of them.
b. Aberrant
135. The
orca
behavior is caused
only recorded fatal attack hy
incompatibility among
physical aggression
SeaWorld's
by confinement.
one urea on
captive orcas
is
another has occurred in
frequent.
with certain
toward others. resultine, in lacerations and
39
worse.
orcas
captivity.
using
ln the wild.
unnatural
a!zgression
has
been only
wild. the
provides ample
The obvious
subordinate animal
can
animals with whom he
scrious
Was.
lr
room
phYsical
aninml cannot escape and has
a
it
rarely observed: Whelk:.
ocean
injuries
she is
regarding
up of unrelated animals who often do not get
Sea World, which Sea World also
or cut
deeply
hiuh energy levels.
does
occur
138. The aberrant behavior
psychological development
and
people
in
are
or
D.
or even
compulsive
The
in
her
an
captive
in
companions
aggressor and
subordinate
In the wild.
captiyit).
can
orea
groups
actively
avoid
to
wholly artificial. made
are
serious
public. Raking. whereby
captive
or
supported by
aggression.
at
smash their heads
behaviors
are
also
a
orcas
injury
for many
an orca uses
Sea World and with
at
orcas at
teeth to
unnaturally
reflects the abnormal social and
born into artificial social groups and
the
host ()Ember
history
of aggressive interactions between
to
orca
behaviors
against the pool walls. What
never seen
we
in the
pool
would describe
as
walls
neurotic
routinely witnessed by trainers and others at SeaWorld.
Documentary Bfirckfivh Begins
the Sundance Film Festival
captive
SeaWorld. Oreas will rub their faces auainst
140. On January 19. 2913. (iabricla
at
or
frequently
occurs
of animals raised in
manifest behind-the-scenes
incessantly
his
a
captivity.
39. In addition to
wild
40
ill the wild, hut with much lower energy levels.
seen
habitats.- This conclusion is limber
orcas
PagelD
result. 11tension erupts in the
-habitats'. is that
two
along. This leads
from the
keeps
into another's skin,
Raking
40 of 65
incompatible.
137. The obvious social difference is that
scratch
Doi
Page
orcas to maneuver,
flee in three dimensions from
or
did
difference between the
choice
no
Filed 04/09/15
Document 1
glowinu
to
Pull Back the Curtain
on
SeaWorld
Cowperthwaite's documentary. Mackfish. premiered
reviews and sold-out screenings. On Januar): 22. 2013.
40
CNN Films and
Pictures
Magnolia
broadcast of Mewkfish
was
acquired
the most
141. inackfi.vir follows the
Filed 04/09/15
Document 1
widely
the
rights
to
Page
41 of 65
PagelD
Black fish. CNN's October 24.2(113
watched program of the year for the network.
32-year wmultuous history of Tilikum.
living
an urea
at
SeaWorld since 1992. who has been involved in the death of three humans. Bleickfish is
comprised
of interviews with former SeaWorld trainers. SeaWorld spectators, and other experts
including OSI LA's expert witness,
142. The film
during
and
imposition
an orca
carefully describes
suffoumling
field researcher.
much of the misleading conduct SeaWorld
the OSI-h\ investigation. That
decisions that
of (nominal) fuics atlainst SeaWorld
D.C. Circuit and
are now
resulted in the still-current
complete
ban
were
affirmed
a
in
citation and the
on
appeal by the
disappointing fo• SeaWorld. the investigation
Most
dispositive.
investigation resulted in
engaged
on
trainer
performance in the
water
with
orcas.
143. hiack/ish reveals to those who have viewed it. among other things. which conditions
ol confinement at SeaWorld
mistreated its
orca
also reveals how
are
population
urea
SeaWorld continued
causing
confinement
to
feature
stemming from his capture and
E.
unnatural and
physical
unhealthy
orcas,
and that Seall'orld has
harm and mental distress
compromises urea
an orca
for its
trainer safety and
that had killed several
people
to
its
urea
as a
urea
safety.
population.
a
It
cl :tow
result of frustration
captivity.
The "Materiality" of SeaWorld's Treatment of Oreas is Confirmed b^- Polls and the
Public
Drop
in Attendance
144. In order to L.!atige
publications conducted
public
surveys to
Following Bbielifish and the Crowing Controversy
sentiment
poll
the
on
Biackfish. various media uroups and
public regarding
41
the controversy. CNN. tbr
example.
41
ran a
poll
October. 25.
on
of the information revealed
similar
was
by BhwAlish.
SeaWorld.
Ultimately.
responding
changes
to
SeaWorld's
that
For
Point Loma
the
parks
example. just
High
School
was
manipulate the
a
were
schools
swear
to
either cancel
off attending the
on
retired I
recei Ved nationwide attention.
was
poll
an
was
began.
it
IP address
cleansed.
two-
Mackfish.
parks
annual field
long-standing
until SeaWorld changed its
CNN. in November 2013. San
striking video response
were
from
results or a
answered in the affirmative.
weeks arter Mocktish aired
produced
to
uncovered and t he
of SenWorld-
prompted
publicly
42
kids to Sea World- in light
which asked whether --CNN's
until the whales and animals
6-Dear SeaWork1,
numerous
or
attempting
than 50% or the responses
this tactic
poll
perception
your
parks
more
once
PagelD
01' approximately 3.000 responses. 86% stated
caught red-handed
was
group du
news
146. Similarly. Mackfish
to
your
conducted by the Orlando Sentinel in January 2014. Shortly after the poll
documentary
to
you take
poll
by
SeaWorld
--1w1ould
42 of 65
Tellingly.
thirds of voters
trips
iewers
asking
Page
145.
revealed by the
owned
I 3
J
Filed 04/09/15
Document 1
rom
aired
to
the film,
vowing
Diego's
never to return
show business. The video entitled
on
CNN and
reported
on
by
publications.
147. As
reported by
CNN in December 2013. Point Dume Marine Science
School in Malibu. California
prompted by
canceled its long-standing
to
trip
SeaWorld
the
objections
over concerns
Elementary
of a 10-vear old female student
about the
treatment
of whales revealed
ror the first time in Blackfish. These cancellations and others indicated that children and
(the individuals w.ho drive parents and ramilies
to
SeaWorld.
42
travel
to
the
parks
were no
longer
teens
supporting
F.
Filed 04/09/15
Document 1
Sea World
Popular Musicians Cancel
PagelD
43
Appearances and Association
148. For years Sea World hosted "Bands, Brew &
SeaWorld Orlando and Busch Gardens in
43 of 65
Page
BBC).-
li‘
a
c
concert
series
at
'Tampa during February and March. featuring top
classic rock and country bands and artists. BBQ from Central Florida's top local smokehouses.
and other festivities. The concerts
149. "Bands. Brew and
increase
season
non-peak
demand
attendance in
prime
during
the
to
perform
significant
at
as
of the
seasonal and
to
the
BBcr
concert
parks.
Company's stated business strategy
special
events
and concerts-
markets. SeaWorld Orlando and Busch Gardens in
typically
150. In late 2013.
included with reenlar admission
Blicr is part
through
the annual "Bands. Brew and
revenue
were
series to increase
park
i.e..
Tampa depend
on
attendance and overall
the Blacklish controversy continued ablaze.
--Bands Brew and 1313Q- received
a
nearly every
change by
offering them
platforms) imploring,
ihe
act
petition through (hange.Ort, (alone
the hand
or
ability to
start a
slated
with
artist to cancel its
performance. Change.org is the \vorld's lareest online petition platform and seeks
to create
dri•e off-
slow midwinter months.
pressures from other social media
individuals
to
to
to
empower
campaign and mobilize
supporters.
151. These
to
perfonyi
and
at
through
particular petitions
were
successful,
the series in February and March 2014
mid-January 201-1. the
following artists.
to
prompting nearly every
withdraw.
Beginning
artist scheduled
in November 2013
among others. canceled their
performances:
(1) The Barenaked Ladies: (di Willie Nelson: (iii) Cheap Frick: iv !kart: (v) IVIartina McBride:
(vi) 38
Special: tvii)
1 risha Yearwood:
RH)
Boys.
43
Speedwagon: (ix)
Pat Benatar: and
x
Beach
152. For
example.
petition signed by
page: "This is
comfortable
petitions
at
a
11.782 supporters.
as
prompting the group
proceeding with the uig al
we
to
alert the
e•ery
condemned SeaWorld-s
it wasn't that hard
this time.- Activists
PagelD
on
instance. the artist
a
specifically
their Facebook
we
don't feel
explaining
deal for me.• Likewise. sisters
their decision
to
cited the controversy surrounding
his decision
cancel at SeaWorld
over
the
was
Nancy
-due
that
they
would
cancel. Willie Nelson
they
treat
their animals.
and Ann Wilson of Heart
to
the controversial
as news sources
documentary
reported
seven-week-period beginning November 27.
The Barenaked Ladiesannouncement and
announcement
to
1 don't agree with the way
practices. stating_
each successive cancellation
not
continuing thmugh January
per1brm
at
'Bleicklis11backlash?" noted that.
'threatened
depended
more
to
at a
15. 2014 with the Beach
SeaWorld.
minimum. withdrawals from the
concert
sabotage ScaWorld's 'Bands. Brew and BBQ" prouram.- which the
on "to
drive traffic during the
typically
slow midwinter months.-
damaging, the article noted that the cancellations miuht
public consciousness. raising
on
2013 with
155. A December I I. 2013 thiamin Sentinel article entitled. -Will SeaWorld face
term
a
successtiOly directed similar online
154. These cancellations attracted international attention,
Boys'
pubhc
don't claim to understand all of it. but
the basis for the cancellation. ln
acknowledged
44 of 65
performers including Willie Nelson. Trisha Yearwood. and Cheap Trick.
153. In nearly
Blue/Os/I
Page
the pop band .1-he Barenaked Ladies (the Iii•st to withdraw) received
complicated issue, and
other
Filed 04/09/15
Document 1
long-
series
park
Potentially
help -sustain Blocklish
much
in the
the risk that the film and its criticisms could do lastinu damage
SeaWorld's brand.-
44
to
44
Filed 04/09/15
Document 1
156. Dethroned Sca Work! CEO Jim Atchison admitted in
with the Or/mulo Sentinel that the cancellations "ended up
storv
of [their] own." Atchison further
December 2013
open letter
full-page
refute what he described
as
as
on
as
were
"Open Letter from
was
to
publish
newspapers in order to
major
"concerned Amu
to
that
coverm1e.
potential long-term
according
was.
"impact
a
a
Sea World's Animal Advocates-
Orlando Business, Inu, nal. concerned about both 131acklish's
brand
key part
very
on a
was
CNN and the
to
by Blackfish and the accompanying
audience- and "the attention generated
PagelD
coverage and became
floating around related
the Sol line/. and
reported by
more
Company decided
social media and within
evidence that the Company
danuwe from Black/1, 4C
that the
"misconceptions that
157. Sea World's ad. entitled
widely viewed
explained
45 of 65
December 20. 2013 interview
a
getting
Page
of their
musical guest
cancellations.
C.
In the Wake of
Partners
Blackfish, Long-Standing Sea World Sponwrs
ing negati•e publicity
Period. pressure from activists
to cut
directed
at
example.
relationship with
27.000 signatures. In
Southwest's
a
in October 2013.
SeaWorld
in Dallas
respond. According10 reports.
response to
a
was
widely-reported
headquarters
ScolVorld throw4hout the Class
tics with SeaWorld. and extensive media
pressure. many SeaWorld corporate partners terminated their
end its
Strategic
Jump Ship
158, Amidst the grov,
159. For
and
on
a
relationships with
Change.org petition urging
launched.
By
co\
Januar.- 2014. the
crag of this
SeaWorld.
Southwest Airlines
petition had garnered
story, dozens of protesters delivered the
petition
airline to
publicly
.lanuary 9.21)14. prompting the
Southwest contacted SeaWorld and
inquired
slew of negative Facebook and Twitter messages Southwest
45
to
to
about Blacktish in
was
receiving due
10
45
Filed 04/09/15
Document 1
Page
ssociation with SeaWorld. Southwest did not cut ties with SeaWorld
evemually did in the
We
arc
46 of 65
immediately (though it
of 2014). but acknow1edi2ed the Bhp:0.th controversy,
summer
ennaned with ScaWorld related
to
the
recent concerns
PagelD
being raised.
We
are
stating:
in
a
listeninn and education mode.
160. In November 2013_
in the annual
Macy's also
Macy's Thanksgiving
received
more
161. The
individuals.
was
2014 article
on
impact
amplified by
on
ending
tickets
16. 2014. STA Travel,
expeditions
to
sinned
by
seekinn
hundreds of thousands of
pressured
to
example. a January
15.
break ties with SeaWor1d--
Change.org alone.
Riaciyish inspired Channe.orn petitions.
ScaWorld's
relationships with corporate
Toys R
and
SeaWorld.
to cut
company which
for 2.5 million students and young
sponsors and partners.
Groupon.
also effective in
SeaWorld in Orlando and San
petition
Geographic article reporting on the Blackfish
than twenty-one (21)
was
to
a
online
.-inspired
January 13. 2014 National
petition
an
participating
the Holiington Post.
to
directed at Southwest and noted that "on
petition
them Southwest Airlines.
offering discounts
trips
at
According
extensive media coverage of them. For
were more
many aimed
163. A citizen
May
a
ban SeaWorld from
signatures.
petitions. collectively
than two dozen -1thwkrish
effect noted that there
ammui
than 80.000
to
this end. while
to
CNBC entitled. "Southwest Air. others.
162. Similarly.
including
more
of these
discussed the Channe.or2
are more
Parade later that month.
than 80.000 emails
similar bon likewise recei•ed
there
petitions implored Macy-s
persuading
Taco Bell. which had been
ties with SeaWorld in
May
2014. Likewise.
provides flights. accomntodation.
people.
Diego.
46
tours
announced that it would stop
and
booking
on
46
i 64. By this
point. association with
June 22. 2014. Outdoor Play,
to
!Ulan order
Sca World
specializing
company
was
perceived
in outdoor
Page
being
as
apparel
Sea World. The C1:0 of Outdoor Play wrote in
placed by
AhhouiTh I would love
a
Filed 04/09/15
Document 1
to
take your money.
our
and
a
47 of 65
SO
PagelD
toxic that
to
on
declined
equipment.
letter
47
Sea World,
company does not support the ethics of Your
business model.-
165. Likewise.
coupons.
was
on
Ju lv 24. 2014,
stopped offerin e. deals on
Sayings.com.
a
company that
Sea World tickets after
specializes in digital
Savings.com's chief executive
officer
contacted by PETA and watched Macktish.
166. This trend of companies
terminating
their
with SeaWorld
relationships
was
amplified when Southwest Airlines. after enduring the intense and well-publicized elThrts Of
activists for almost
its
ten
26-year partnership
and based
on
(10) months, announced
on
with Sea World. While
press release stated that the break
-shifting priorities.'" every iMor
that Southwest had been
signed
bv
a
more
subject
than 32.000
to
July
31. 21114 that it would not be renewini2
news So Urce
reporting
it
terminate the
to
Sentinel
reported
that
Virgin
promotional partnerships
sunscreen
citizen
petition
important corporate partners
Sea World. In October 2014. the (Mande,
America. Jet Blue. and Alaska Airlines also had terminated their
with Sea World.
168. In November 2014. the Orlam lo Sentinel
based
a
partnership.
167. Followint! the Southwest Airlines announcement. other
relationships with
mutual
the announcement noted
massive pressure in the form of protests and
peopleurging
followed suit. and ended their
on
was
company. would end its
relationship
47
reported that
Panama Jack,
with SeaWorld effective
an
Orlando-
February
2015.
Document 1
Finally.
on
November 14. 2014.
Chris Flosford confirmed that
169.
Page
48 of 65
PagelD
Ilyundai Motors America Communications Executive Director
IIyundai had --ended its relationship with Scaworld.-
Remaining sponsors
similar pressures
Filed 04/09/15
American
Express and British Airways
signed
through Change.org petitions,
by
are
currently subject
to
75.000 and 265.000 individuals.
respectively.
170. The fallout for Sea World from
January
15. 2015. the Orlando Sentinel
offered ticketholders free admission
to
Bhw4lish-gencratcd controversy
reported
that the Miami
Sea World. had ended its
Dolphins.
is
oneoing.
which had
On
previously
marketing partnership
with
SeaWorkl.
SeaWorki Continues to Omit the Truth
171.
Despite the obvious truths revealed in Elacflish, and
Sea World's account of its treatment of captive
Continues its efforts
product
are not to
172. Stung
to
convince the
public
by the public
reaction
attempting
continue its saturation of the
public
to
go
and their life conditions, SeaWorld
challenges
to
its
centerpiece
entertainment
to
Blackfish,
on
and
anticipating
the offensive.
further criticism.
recently launching
a
campaign)
to
so. not
only through its
own
publications.
but also
front group called Awesome Oceans.
173. Awesome Oceans
even
challeneing
with the notion that its treatment of killer 1.vhales is humane,
scientifically sound. and caring. It does
a
that such
books
be believed.
SeaWorld has continued
through
orcas
recent
was
initially funded. in whole
announced the Awesome Ocean
Project
in
huns:/.'s3L.amazonaw s.cont'assets.rbl.ms: 24484
an
email.
980
48
or
in park
posted here:
by
SeaWorid. SeaWorld
48
Document 1
174.
news
Despite funding
Filed 04/09/15
from Sea World. the site markets itself as
website.- The Fditor-in-Chicf. Eric M. Davis. is neither
His I.inkedIn
profile
Page
lists him
as an
--experienced marketer
a
49 of 65
PagelD
"independent
an
conservationist
ocean
journalist.
nor a
with extensive SEO.- who has
worked for travel sites like Travel(' lick and Hilton Worldwide. I lis Facebook page lists him
the
owner
of Purple Moon Media.
a
"revenue-focused destination
include SeaWorld. The site has several
pieces
175. In 2014. SeaWorld became
a
aware
that purport
that
to
-debunk- the
book called "Benewh the Surface: Killer Whales. Sea fl'orkl.
published
web.
cii, t(ih
designed
to
impeach
Mr.
Hargrove's book, calling the
176. N1r. Hargrove \vorked for several years
personal observations. Yet Davis. with
to
publish
no
"the truth.- but went
hands-on
so
fat
as
firm whose clients
myths
of
Blackfish.
Troth ilcmod Blackfish-
in March of 2015. In response. SeaWorld and Eric Davis began
statements
purported
marketing-
as
former trainer. John Hargrove. would have
a
at
publishing,
hook
a
or
the
on
"wlude of a tale.
SeaWorld and his book is based
experience
to
scientific training.
on
not
his
only
threaten N1r. I largrovc last year about
publishing his book:
From: Erie Davis eridru
To: John
Hargrove
Subject: People are digging
.Thst your Irwinliv /hvesonieOcean gut• Eric here!
ii
DEEP
witcd
uno
denp l'ott I/
pnIr past.
hoe und ler you know Mai
TIwy have
come
crazy
49
49
some
sniff Hull
is
journalist Rid
reaclv
to
are
digging
drop when your hook
.hisi
drops.
Filed 04/09/15
Document 1
eolailing.voo
Lv
p‘111 0/1111. (fgrcelneni
Page
give you
(1
50 of 65
PagelD
heads. up 1
hope yon are
designed
attack all
a
well, Slav
177. SeaWorld itself has
critics.
including
directly published continuing
R1; s,I r. and
marine scientists. those associated with „..eit4,
178. This is part of SeaWorliis continuing cifori
disclosure of the
facts
true
regarding
I 79. The misinformation
the
material facts about the condition of its
180. A SeaWorld
Happy.-
experienced by
these
employee.
.fhat
chipper
captive
ri
animal
prerogatives and behind
claims that
are
themselves
that SeaWorld's
orcas
181. Most
heading. belied
acti\ ists-
"claim that
to
a
our
public
captive
on
and
challenge
orcas.
its wehsite and in its
by
an
article titled "SeaWorld's
the demonstrable
unhappiness
the rhetorical trilecta
by
research-
behind anchallenge
killer whales suffer.
are
so common to
on orcas:
to
(2) the
this
to
thrive in
growing challenge to
testimony
bill that would ban holding
stressed
or are
exploited.-
50
mantra
our care.
SeaWorld's
on
cetaceans
pejorative
SeaWorld's business
"blatantl^ Use": and. finally. (3) the empty and misleading
the Washington State Legislature during
opposition
are
Mr. Ilargrove.
mislead. misinform. distort, and omit
penned
performs "valuable
"have and continue
recently
to
years ago
now
to
meas.
animals. is followed
rights
any
it continues
captive
mislead the
began
Laura Mathieson.
SeaWorld: II) the claim that SeaWorld
reli:ain that "know
SeaWorld
changed:
to
and condition of its
treanuent
campaign
other marketing materials has not
\nimals Are
content
February
in
prerogatives played
out
before
5. 2013. in support and in
captivity. Though Washington
docs not
50
have any
effect
at
captive
the
state
cetaceans on
Filed 04/09/15
Document 1
display
and the bill is
51 of 65
PagelD
51
IZIV}I.ely symbolic. SeaWorld l'ears a domino
level.
182. In support of the ban. former SeaWorld
follow*
Page
orca
trainer Carol
hidden (nubs about Sea World and in support of the
I'm here todin. to share
I had while
Far
working us
example,
a
SiMk'
of the
Ray testified
legislation:
marine manmial trainer.
wohlting an winh male Urea. Kandoke, who
dav after dal%
into the cement walls.
anti glasspanels in the shoir pool. His chin. teeth, atul
we were not
allowed
to
bring hhn
to
lie /031 le)i)k.v fou bad fin• the
fililnagemeihr Stdd.
enough
1.v it'll weren't had
u)
ola condition
metal,f,.!•ates
rostrum were so
bloodv
do shows because
see."
puhtie
watch him injure himself. I recall the heartache
watching him he physically attacked hy tlw other orcas
kanduke &eel
the
personal experknces
regularlv rammed himself as hard as possible
and beat up
to
that natthl never
in/
regnhir basis.
the Wild:
Occur
of
a
maStimieJ
transmitted encephalitis.
I also watched in horror
removed from the
as
kalnut,
onlyfamily she knew
lag fOur years old
I
mother Katina. who
original baby Shrum!, wasPrriblv
to
saw
the unmistakable
was
Icit behnut
To this din.. katino has
be MoVed
10
another park when she
mourning and desperation of her
haelfh-e of her seven offspring taken.from her.
5J
was
Uthl
arr
ages that
ape
em
urea
skin
and on,
183. Rather than engiwe
or
come
are
Page
52 of 65
PagelD
in annuntruI intervals (mei
chipped. broken.
in
and unheahlw
'ye
all in my handslrom sunInn-n.
unfinunately
enkl these
live in when
the real ;Fmk/ whales
spokesperson from
impregnated often
way 100 yfiaH.V. Tlwir teeth
had handfuls of
coulel go
Filed 04/09/15
Document 1
really are only a Jew glimpse.v into
they live
in
captivity.
rebut any of these factual assertions_
the Alliance of Marine 11,laminal Parks and
an
It 's
heat-an-yoking..."
industrv. funded
Aquariums testified
challenge
to
the letdslation,
184. The
the
same
public
spokesperson. the
general
unsubstantiated rhetoric
ill us.on or CetaLeans •n the
185. This most recent
captive orcas
public
are HOW
to
public
treatment
both animal and
known
care
to
deployed previously by SeaWorld
or
on
the
This
maintain the
propriety atthe
status
quo
as
it
that SeaWorld's chief concern is
plainly
of (wens is above
man.
to
provided
man.
debate
SeaWorld demonstrates
illusion that its
beneficial
I.
at
Alliance's esecutive director Ms. Kathleen Dezio.
reproach
concerns
to
and that its whales live
maintain the
happy
lives.
misleading message and its related material omissions
be demonstrably' false.
SeaWorld Has
a
Duty
to
Disclose llow it
Actually Treats
the Orcas and their Actual
Condition
1 g6. Plaintiff and the Class members identified belcm
while
unayY are
concerning
of the
tlilsity
the overall
of SeaWorld's
well-being and
purchased
SeaWorld's
products
misrepresentatMns and its material omissions
treatment
of its
captive
expectancy and physical and emotional well-heini.t ‘Yhile
52
at
orcas.
including their life
ScaWorld.
52
187. Based
on
the material omissions described in this
of each Class
\Vac
SeaWorkl,
SeaWorld
or
Filed 04/09/15
Document 1
induced
to
urea
and did
purchase
tickets
to
injuries
or
SeaWorld
orca
purchase price
other
urea
treatment.
were
on
-experience- products. they relied upon
of SeaWorkrs
treatment
lonuevity
misled and
orcas.
likely
to
membership(s)
to
position
to
their detriment and
for admission
to
of the
be misled. and
SeaWorld.
or
purchased SeaWorld
a
false
tickets.
understanding
orcas.
memberships.
of the conditions and
regarding
Plaintiff and other similarly situated
they reasonably and justinably relied.
to
the
consumers
their detriment.
SeaWorld's omissions of material facts.
190. IC SeaWorld had disclosed the truth about the
overall
well-being
SeaWorld-s
of its
orcas.
a
Plaintiff and Class members would
result of the alleAted misconduct. SeaWorld has
from the sale of its
amusement
product showcasing its captive
192. Plaintiff individually and
restitution and
business
treatment.
conditions.
lons.levity.
have
purchased
generated
substantial
not
and
products.
191. As
injunctive
practices
and its
53
Plaintiff and members
niven SeaWorld's material omissions of fact
vell-being
and
PagelD
-experiences."
I 89. At the time Plaintiff and Class members
or
53 of 65
-experiences.
that include payment of the
SeaWorld.
membership at
Complaint.
SeaWorld.
188. Plaintiff and members of each Class altered their
suffered
Page
relief to put
on
an
orcas.
behalf of all others similarly situatedseeks
end
to
SeaWorld's
unjust enrichment.
53
revenues
deceptive.
damages.
unfair. and unlawful
Filed 04/09/15
Document 1
Page
54 of 65
PagelD
V. (LASS ALLEGATIONS
Class Definition
193. Plaintiff brings this action
persons
or
entities who
purchased
experience-- that includes an
Orlando. Florida
at
an
--orca
individually and
admission ticket.
membership_
a
194. Excluded from the Class
the
are
following:
out
of this
proceeding:
family or any
frorn the claims asserted in this
Complaint.
have tiled
complaint:
all persons who have
undersitmed counsel
a
to
non-class action claim
maintain
the claims contained in this
employees of Paul
staff. and other
signed
an
as
well
as
to
the date of the
with
an
timely
modify
or
to
of this
tiling
attorney other than the
this
or
in part
on
Paul S. Rothstein. and any
their immediate families: and all
before the Court determines whether certification is
case. as
well
as
Judgets). judicial
their immediate
amend the definition of the
proposed
class
appropriate.
of the Class
196. The
Attendance
and
the Defendants for claims asserted in this
w2reement
employees of the lucke(s) assigned
195. Plaintiff reserves the rinht to
Numerosity
prior
undersigned counsel.
the
or
employees of the same
individual andior class action based in whole
complaint:
S. Rothstein
against
retainer
a
subsidiary
given valid releases releasing the Defendants
all persons who,
complaint:
in
of action.
such persons: all persons and entities who
all persons who have
park
amusement
Defendants. any parent.
servants, or
Class: All
Sea World
or a
preceding the brinuint! of this cause
affiliate oatanizations. and the officers. directors. agents.
opt
thllowing
experience-- from the ScaWorkl Orlando
any time in the thur years
the members of the immediate
behalf ot.the
on
at
purlxwted
Class Members
SeaWorld Orlando
during
are So numerous as to
the
preceding
51
make joinder
several years is
impractical.
approximately as
follows:
54
Filed 04/09/15
Document 1
a.
2010: 5.10 million visitors.
b.
c.
Ascertainability, Typicality, Commonality and Predominance
Page
55 of 65
of Common
PagelD
Questions of
Law and Fact.
197. The Class is ascertainable. and notice
those
customarily
used in other
consumer
fraud
can
cases
be
provided through techniques similar to
and
complex
class actions, and
through
Sea World's business records.
198. There
are
questions of law and fact
similarly impact all
Use statements and omissions
or more
or SeaWorkl's
products
Sea World's
paid
true
subjected
products.
As
a
to
the
are
same
typical
of
represented by
class action
one
park.
of the Class members. Plainti II and all Class
products
which site otherwise would
orcas
not
have
paid
had the
been disclosed by Sea World.
Representation.
200. Plaintiff will fairly and
Plaintiff is
purchased
wronuful conduct because they all have purchased
conditions and treatment of Sea World's
Adequacy
Class members. all olwhom
result, and like other members or the Class. Plaintiff purchased and
of money for Sea World's
a sum
the Class. Defendants' unlawful
for the SeaWorld Orlando amusement
199. Plaintiff asserts claims that
mernbers have been
common to
adequately represent
counsel competent and
litiginion. There
is
no
hostility
and protect the interests of the Class.
experienced in both
consumer
between Plaintiff and the unnamed.
Members.
55
protection
purported
and
Class
55
Document 1
201. Class certification is
apply generally
to
the Class,
appropriate respecting.
so
appropriate because Del'endants
that final
the Class
as a
over
Class. includinc. infer (ilia. the
(a)
appropriate because common questions
to a
crounds that
of law and fact
reasonable
consumer:
practices
statements
in violation of the Florida
501.201
constitute
Deceptive
el
and Unfair
Seq.
Whether Defendants' nondisclosures and/or false statements constitute unfair
practices
in violation of Florida law:
Whether Defendants' nondisclosures and/or false
deceive
a
reasonable
consumer
Whether Defendants
significant
concerns
or
knowincly
associated with SeaWorld's
Whether the challenced
(g)
Whether Defendants
practices
were
statements were
or
willfully
failed
to
to
disclose
products:
harmed Plaintiff and members of the Class:
unjustly enriched by making deceptive
representations regarding the health and wellbeine of their captive
Whether Plainli Wand members of the Class
restitution,
likely
in violation of. Florida law:
intentionally
(f)
(h)
relief is
following:
Whether Defendantsnondisclosures and/or false
business
(e)
PagelD
that may affect only individual members of the
Trade Practices Act (FM:PTA) FLA. STAT.
(d.)
on
injunctive relief or corresponding declaratory
questions
unlawful business
(e)
have acted
56 of 65
Whether Defendants' nondisclosures and/or false statemems would be
material
(I))
any
Page
whole.
202. C'lass certification is also
substantially predominate
Filed 04/09/15
equitable relief, and/or injunctive
56
are
entitled
relief.
to
orcas:
damaces.
and
56
Document 1
Requirements
203.
of Fed. R. Civ. P.
Prosecuting
would both create
purported
LI
adjudications
or
practical
would
judicial
against
individual
varying adjudications
matter.
dispositive of the
purported
resources
PagelD
57
and the
individual
to
incompatible standards oleonduct for the party
adjudications with respect
interests of the other members
as a
Class Members
with respect
substantially impair or impede their ability
the conduct of this action
conserves
or
or
Class Members that would establish
members would be
contrast.
separate actions by
as a
57 of 65
Page
23(h)(1)
risk of inconsistent
the class and
opposing
Filed 04/09/15
to
not
to
individual class
parties
to
the individual
protect their interests. In
class action presents far fewer management difficulties.
partiesresources.
and protects the
rights
of each Class
mernher,
Requirements
of Fed. R. Civ. P.
23(b)(2)
204. Defendants have acted.
class.
Specifically.
or
refused
Lo act. on
Defendants have disseminated false.
grounds that apply generally
to correct
continue
promulgate
to
Requirements
inaccurate. false and
questions
oVer
any
forth above. All claims
on
the Defendantssame
urea
of law and fact
question
set
their
disseminated false.
orcas as
deceptive
deceptive
compared
to
wild
orcas.
and inaccurate inffirmation and
information.
of Fed. R. Civ. P. 23(b)(3)
205. The
predominate
previously
the
deceptive and inaccurate information
reizarding the health. wellbeing and lifespan of their captivc
have failed
Lo
by
of law
or
common
fliet
to Plaintifrs and each Class Member's claims
affecting onl^ indi idual members
Plamtilk and the =tamed.
57
as
purported Class Members are based
deceptive marketing and advertisement
shows.
of the class
scheme used
to
sell tickets
to
206. Common issues
wide basis.
even
different ticket
predominate When_
when there will be
some
here.
liability
can
58 of 65
be determined
PagelD
on a
individualized damauc determinations based
a
result_ when
determining whether common questions predominate.
the liability issue, and if the liability issue is
COMMOn
as
Page
questinns will
class-
on
be held
predominate
to
common to
over
the class,
individual
as
is the
case at
courts
focus
bar.
questions.
Superiority
208. A class action is
adjudication
superior
to
other available methods for the fair and efficient
of these controversies. Because of the size of the individual
Membersclaims. few. ii any.
redress for the wrongs
their
wrongful
purported
complained
conduct and many
and
practices
Class Members could afford
to
purported
Class Members
Defendants have_ and
acts
purported
Class Members. and other
individually seek legal
prospective
are.
ticket
MIN
still he
unaware
entla!led in. Absent
continue to retain the
a
of the
class action. the
purchasers. will continue
damage and Defendants' deceptive and unfair trade practices will proceed
remedy while Defendants
purported Class
of herein. Defendants have illicitly and Unfairly concealed
deceptive
to
suffer
unabated and without
proceeds of their ill-gotten gains.
VI. CAUSES OF ACTION
COUNT I
Deceptive
and unfair trade
209. Plainti If rcalleges and
210. This claim is broue.ht
practices
in violation of FI, A.
incorporates by
on
reference all
501.201 et seq.
preceding paragraphs.
behalf of the Class of SeaWorld Orlando PurchaseN. who
purchased SeaWorld tickets. memberships. and
amusement
58
prices.
207. As
on
Filed 04/09/15
Document 1
"orca-
park.
58
experiences
for the SeaWorld Orlando
211. Plaintiff and the Class
Deceptive
are
"consumers-
Trade Practices Act ("FLIDTPA-)
212, At ail relevant times. Plaintiff_
Members
were
"consumers"
as
ithin the
Page
meaning
defined in Ha. Sint,
Joyce
59 of 65
PagelD
501.203(7).
Cale Kuhl and all other
erwaged
were
in "trade
or
purported
Class
commerce"
as
defined
FDI1TPA.
214. Ft lDTPA
prohibits ILI In rair methods of competition. unconscionable
practices, and unfair or deceptive
Ha. Stat.
acts
practices
in the conduct of any
tr
acts or
commerce
501.204(1). SeaWurldls business practices violate these prohibitions because its
material omissions associated with its
unconscionable. and
about facts material
deceptive,
to
those
215. Defendants
Class Members that the
all than they
other
or
arc
and
products.
in
likely
to
were
regard
to
captive
areas. were
unfair.
and did in fact deceive reasonable
consumers
consumer's.
expressly
orcas at
and
hnpliedly represented
SeaWorld Orlando
are:
to
Plaintiff and all other
healthy. happy,
purported
well cared for and better
in the wild. Deiendants made material omissions which caused Plaintiff and all
purported ('lass Members
to
purchase
tickets to SeaWorld Orlando.
2)6. Defendants omitted material characteristics inherent to
orca
captivity at SeaWorld
Orlando:
(a) SeaWorldls
origin
based
on
violence.
separation
from
family and capture:
(Li) SeaWorldls separation of families and violation of the orcals natural
matriarchal
structure
and other social
59
norms:
59
of the Florida t 7n fair and
defined lw FDIJTPA.
as
213, At all relevant times. Defendants
by
Filed 04/09/15
Document 1
The
et
negative aspects
including
and
chemical
collapsed
use
of physical
pools.
living
shallow
Page
conditions tOr the
pools.
sulthurns.
60 of 65
i1
orcas
PagelD
60
SeaWorkl
injuries. damaeed teeth
dorsal 1ms: and
(d) .1-he techniques used
the
Filed 04/09/15
Document 1
of food
to
unnaturally maintain
deprivation. drug
treatment
the
orcas
in
captivity, including
and forced incestuous breedimt
condititms.
217. Defendants violated
(a)
Representing
provisions of FIDUTPA bv:
that Sea World Orlando is of a
particular standard. quality
and/or
Ltrade. when it is of another:
(hi Engaging in deceptive conduct
confusion
or
as
alOresaid which has created
a
likelihood of
of misunderstanding:
(c) Will fullv Wed
to
disclose and concealed the
condition and treatment of its
captive oreas:
true
facts surroundim! the
and
(d) SeaWorld's intentional and knowinil omission kifinaterial facts regarding its
captive
oreas was
done with intent
to
deceive and mislead Plaintiff and the
Class.
218. SeaWorld knew
or
should have known that these
in violation or tile
acts were
FUIYIPA.
219. SeaWorld had and has
a
dut
to
facts about the condition and treatment of its
(a) its
superior
known
or
refrain from these
captive
oreas.
The
practices
dut^
to
and
to
disclose material
disclose arises from:
and exclusive knowledue of these material tarts. which
reasonably accessible
10
of these material facts: and (c) its
Plaintiff and the Class: (b) its ;mix
marketing
60
and sale ofSeaWorld
c
were not
concealment
products.
which
is
likely
to
mislead
the material facts
220. As
a
direct and
consumers.
at
and has misled
Page
consumers.
61 of 65
absent full disclosure of
result of ScaWorld-s conduct. Plaintiff and the Class have
proximate
injury-in-1'w
the Class would
have spent For SeaWorld
and accrued actual
condition and treatment of SeaWorld's
damages
products
captive
had
in the Corm or
they known the
their actual damattes.
222. BY
Members
a
true
facts about the
orcas.
private cause of action against Derendants. and
plus attorney's
reason
are
putative
entitled to
recover
costs.
of Defendantsconduct
entitled to
are
lees and
Plaintiff and
money
221. Pursuant to R.A. STA r. 501.211 (2) of FDI :TPA. Plaintiff and all other
Class Members have
PagelD
issue.
suffered substantial
MIL
Filed 04/09/15
Document 1
as
aforesaid. Plaintiliand the
damages. equitable relief,
and
attorney's lees and
purported
costs as
Class
provided in
FINITPA.
223. As
a
direct and foreseeable result of SeaWorld's
advertising
and education
purchasing
a
ticket
to
campaiims.
the
public
is not
ubiquitously omissive
equipped
accurate
information upon
SeaWorld.
224. Plaintiff requests that this Court enter such orders
to
with
marketini2.
or
judgments as
may be necessary
enjoin Defendant .from continuing its unlawful. unlair. and deceptive business practices.
restore to
and
Plaintiff and members of the Class any money that Defendant
deceptive
conduct and to
provide
acquired by
such other relielas deemed fair and just.
COUNT II
Declaratory and injunctive relief.
61
to
its unfair
61
225. Plaintiff realleges and
226. Pursuimt
to
Dw.i.N.
Document 1
Filed 04/09/15
incorporates by
rCreTence all
Powericl. inc.
declaratory
and
Page
62 of 65
PagelD
preceding parailraphs.
injunctive
relief are available
to
Plaintiff under FDI 1-PA. 776 So. 2d 971 (Ha. 1st DCA 20(10).
177. As detailed above. Defendants
engaged
in
regarding
reasons
a
campaign
of misinformation.
the suitability of their
for the
droop)
Promulgating
habitats. the
orca
dorsal tins
and have been for at least the past decade.
are,
seen
in
captive
factually inaccurate information
expected lifespan of oreas.
as
well
as
the
orcas.
COUNT III
Unjust enrichment
228. Plaintiff
as to
Defendants.
realleges and incorporates by reference all precedinu parauaphs.
229. In alternative
to
claims under this action lack
the compensatory damacs
an
adequate remedy
purported Class Members. requests
omissions under the theory
this Court
of-unjust
at
requested above,
law. Plaintiff,
to uram
equitable
fraudulent and
condition of its
231. As
at
reason
the
behalf of herself and
relief from Defendants' acts and
enrichment.
230, l)crendant SeaWorld has been. and continues
detriment of and
on
if for any
the expense of Plaintiff and the Class.
misleading statements
to
be.
as a
unjustly enriched,
to
the
result of its unlawful. unfair.
and material omissions retardinu the
treatment
and
orcas.
a
direct and foreseeable result of SeaWorld's
advertising
and education
purchasing
a
ticket
to
campaigns.
the
SeaWorld. Instead
is
public
public
SeaWorld
with the story line that the
orcas at
with trainers. SeaWorld' s
presentation of its
not
ubiquitously
equipped
with
accurate
consciousness has been
are
well cared for and
orcas
62
onlissive marketinit.
information upon
shaped
and satunited
thriving and enjoy and
has saturated America's culture_
holt('
62
Document 1
232. Defendants
and
deceptive
Fhis
was
consistently
misleading
over
information
the
Filed 04/09/15
of at least
course
regarding
a
Page
63 of 65
to attract
The fact that Defendants have
well
the suitability of their habitats makes circumstances such that it would be
as
Defendants
10
captive
paving customers
parks.
misrepresented
63
decade disseminated false,
the health and wellbeing of their
pail of Defendants overall advertising strategy
PagelD
the health and
wellbeing
to
of their
retain the benefit of the ticket sales at the expense of Plaintiff and
orcas.
their
orcas as
inequitable for
purported
Class
Members.
231. Payments for admission tickets.
have been
wrongly
payments is
and
unjustly collected
inequitable given
condition of its
purchased and paid
tax.
per
materiality
purported
by
orca
"experiences...
SeaWorid and the retention of such
of the true facts regarding the treatment and
for their tickets
Class Members conferred
to
this resulted in Defendants
purported
receipts they
and taken
and SeaWorld
orcas.
234. Plaintiff and
purchased.
the
memberships.
SeaWorld Orlando.
being enriched
Class Member. Defendants have
issued to
235. Defendant
purported
accepted
depending
knowledge
Class Members and their
matches with what Defendants advertised and
on
of this
reported
Defendants when
the
particular
as
evidenced
by
they
ticket
plus
the
income.
these payments.
and retained the benefits conferred
Class Members in the form of ticket sales. without
on
tiorneV6here hetween S77 and S235.
Noluntaril;^ accepted and retained
236. Defendants
benefit
a
providing
a
by Plaintiff and purported
product
promised through
and/or
experience that
their various marketing
campaigns.
237. SeaWorld should not bc allowed
upon it
by Plaintiff and the Class. who
to
retain the
proceeds
seek restitution and
63
from the benefits conferred
disgorgement
of Sea World's
unjustly
acquired profits
restitution
manner
or
Filed 04/09/15
Document 1
and other monetary benefits
resulting from
PagelD
equitable
an
and efficient
by the C'ourt.
238. Plaintiff and the Class
are
entitled to the
imposition
SeaWorld such that its enrichment. benefit, and ill-e_otten
equitably by the
64 of 65
Court
to
gains
of a constructive trust upon
be allocated and distributed
may
and Cm the benefit of Plaintiff and the Class.
PRAVER FOR RELIEF
WilEREPORE. Plaintiff:
the Defendants
as
on
behalf of all others
the Ckiss.
certifying
appointing
die
undersigned
Injunctive
requirinv
as
situated demand
reliefagainst
by class
relict' as
Plaintiff as Class
Class Counsel
injunctive
members pursuant
to
Fla. Stat.
Florida law
its Use.
misleading,
to cease
and
represent the Class:
relief requiring
appropriate under
SeaWorld
to
Represenuive
purchase price oftickets and accompanyine
SeaWorld Orlando. and
taxes to
payments made
C.
appointim..
counsel
13. Actual damai/es includino_ the
and
similarly
1011ows:
A. An order
on
return
fees
of all
501.211(2):
behalf class members
and
deceptive
business
practices:
interest at the maximum rate:
D.
Prejudgment
E.
Costs of the
F.
An award of attorneyslees to (lass Counsel pursuant to FLA. STAT
proceedings herein:
51)1.2105(1): and
C. Such other and further relief under alI
other relief the Court deems just and
61
64
their unlawful conduct. and who sea
rescission for thc benefit of the Plaintiff and Class. in
determined
Page
applicable
appropriate_
state
and federal law and any
Filed 04/09/15
Document 1
Page
65 of 65
PagelD
Ain' DEMAND
Plaintiff
jury
as to
DATED:
individually and
all issues
April
so
on
behalf of the
purported Class Nlembers demand
a
trial by
triable,
8. 2015
Paul
Rodrxiehi
Paul S. Rothstein
Attorney for Plaintiff and die Proposed Class
Florida Bar No.: 310123
626 N.E. First Street
Gainesville. Florida 32601
Phone: (352) 376-7650
Fax (3521374 7133
Email: psrrothsteinforjustice.corn
s,
65
65
i1I,
.1'• IS
Filed 04/09/15
Document 1-1
th) Omni!:
1..tsWd Illamult
tti Residem:e mit Fiuuii
.1
(..-0ÊS?)..V1 Ci
(c) .41Ssilne'!!"
cAsi S. I .s1.
IN I ANT)
.1.11E .1R.w.1. 01- LAND INVICI yid)
Lo(
roN
1, 1.
fttiuttne±'s
m/ icAlqionc
rim ro s,.
Paul S_ Rothstein, FL Bar No. 310123
626 NW 1st Street
Gainesville, FL 32601
III. CITIZENSHIP OF PR1NCIPAI. PARTIES
H. BASIS OF JURISDICTION
1-cden.1!,
ml. C1^13^11.1Î
FL
Orange County,
tst.oti
..m1.111'A.i4c-sidenc.
County, SC
Aiken
C .f.titSr
T1 H il
Non:
I
i1C:C1,1
lo; :lic
SEA WORLD I:LC, a!Detaware 'Company:
SEAWORLD OF FLORIDA LLC, Pia SEA
ViORLD OF FLORIDA, INC.) a Florida Comp: SEAWORLD & BUSH
Cole Kuhl
(LA.C1-.TT
1 I
pkatiingN or otisct paryrif.a.... nsilinc4,1 k laIA_
1,
:icEithrt.Lt Is.11 Itic 15:1A:1411.11i.c krk of 4Couill
DEFENDANTS
PLAINTIFFS
Joyce
66
PagelD
CIVIL COVER SHEET..
1.: 1:-
Thr iS 44 mil o$‘4.1 Okd Ls11d Ills: trifoniunnn,_orturrteet ticry111 fie iiliei :4:1, 1.R.i.. for 511prkificii She illim: and M'n icy el
pcos idea 1.”. h+c;i1 ii11es, i1 comi .1 biz. tiltm :tprro+cd ht 111c bidiu 141 Conteletlec of ale 1:111lizel Sules m September 1,07.1
I lf. H:1:5 I OR t!
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rmrrom: 01 maidtint Mk- cim it Lbmcke.t :died
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Page
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i.ui.
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IN
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N'III. RI41, :VI'14:1) CASE(S)
IF ANY
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Enrichment
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11111N1 ANI) S
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04/0812015
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lawsuit - Truth In Advertising

Transcription

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