Orca trainers at SeaWorld have to stay out of water — U.S. Court of Appeals

An appeal by the SeaWorld was voted down by the U.S. Court of Appeals over a ruling of the Occupational Safety and Health Administration, dealing with the death of the orca trainer of

SeaWorld Dawn Brancheau who was killed in 2010 by a orca bull named Tilikum.

The court had ordered the water park to pay $7,000 fine in 2012  following the death of the whale trainer Brancheau. It was pointed out by the Occupational Safety & Health Administration that the park did not abide by safety norms for trainers and the animals. The trainers at the SeaWorld  are to be kept behind barriers away from the orcas by court orders.

Friday’s ruling means trainers cannot interact with orcas during shows. Brancheau’s death was brought to light by the documentary Blackfish which showed what abuse killer whales endure in captivity, like the SeaWorld. It showed how the 12,000-pound bull orca Tilikum pulled the trainer into the water and drowned her. Also several formal SeaWorld trainers have been interviewed after the death of  Brancheau on February 2010 to get the real picture of the acts.

During the appeals process, SeaWorld admitted to certain risks with killer whales. But, they said, the risks had been minimized since the Brancheau incident with specific and comprehensive training programs and protocols. SeaWorld also argued that there were no ongoing hazards, and that there was a resolution to potential problems.

SeaWorld attorney Eugene Scalia — the son of U.S. Associate Justice of the Supreme Court — had argued that trainer contact with whales was critical to SeaWorld’s core business. Seeing orcas interact with trainers, the argument went, was necessary to educate audiences.

After Friday’s ruling, SeaWorld might take their petition to the Supreme Court, though they’ve not announced their intentions to do so just yet.

PETA, who sent out a press release immediately following the court’s decision, as the ruling was met with a lot of excitement by them.

“The D.C. Circuit’s decision today to the effect that SeaWorld must keep trainers out of the water signals an end to the days of trainers standing and riding on orcas for human amusement at SeaWorld,” read a statement by PETA. “With the life-threatening dangers to trainers and the detrimental effects of enslaving intelligent, social, and far-ranging orcas and confining them to concrete tanks, SeaWorld’s tawdry shows will soon be a thing of the past.”

The fate of  SeaWorld, the Se-aquarium in Miami remains uncertain. Activists argue that if it is dangerous in Miami, then why it should be allowed in Orlando. Miami still holds shows with the killer whale Lolita. What will happen to the orcas in captivity is yet unknown but the activists definitely made a victorious struggle which might pay off.