1. “Abusement Parks” and the Liberation of Orcas
Lynda Balloni
HIST 378: Peace Movements in American History
May 20, 2014
2. Since we first declared our independence from Britain in 1776 and formed a nation that
supposedly functions on the concept that “all men are created equal”, Americans desiring to see
this sentiment truly come to life have had to struggle not only against people with dissenting
values, but also their own government and fellow citizens. An even greater challenge was posed
to those Americans who not only fought the oppression of their country but resisted the
temptation to resort to traditional techniques of violent resistance and instead relied on tactics of
civil disobedience to achieve their goal. Recently, a controversial topic has arisen that requires
Americans to broaden their perspective on who exactly “liberty and justice for all” may
encompass. In light of its release during the 2013 Sundance Film Festival, the expository
documentary Blackfish sparked a debate regarding the treatment of orca whales in SeaWorld and
similar aquatic amusement parks. It focuses on the stories of former orca trainer Dawn
Brancheau and an orca named Tilikum who attacked and killed Brancheau in 2010, but raises
greater questions regarding the morality of keeping orcas in captivity for entertainment purposes
as well as the preparedness of orca trainers to work with such massive wild animals. Traditional
techniques of nonviolent resistance can be tweaked in order to acquire rights for nonhumans,
such as the killer whales of SeaWorld, just as they are used for humans. Rather than containing
and exploiting orcas purely for entertainment purposes, peaceful dissenters should inspire
SeaWorld to reorient their killer whale exhibit so it emphasizes viewing animals in their natural
habitat and promotes increased understanding and conservation of our wildlife.
SeaWorld first opened its doors on March 21, 1964 in San Diego, but since then has
expanded to include locations in Orlando (as of 1973) and San Antonio (1988) as well as
affiliated parks in Tampa, Williamsburg, Chula Vista, Langhorne, and Orlando and San Antonio.
Originally, SeaWorld captured its orcas from the Pacific Ocean, beginning with a female whale
3. named Shamu, the stage name now given to all SeaWorld’s adult killer whales, in 1965,1 until
the U.S. Marine Mammal Protection Act of 1972 halted this process.2 Successively, the bulk of
orca hunting took place in Icelandic waters, where SeaWorld continued to harvest its whales
until 1979,3 when they reportedly stopped capturing wild orcas. Until Dawn Brancheau’s death
in 2010, SeaWorld’s trainers would perform shows with the whales that required orca and trainer
alike to exert great physical ability for the audiences amusement. SeaWorld has since halted
orca shows involving direct contact between the trainers and orcas, but still houses 29 killer
whales in its three parks. SeaWorld markets their holding of whales in captivity as beneficial to
the orcas as they have published over 30 studies on killer whales, have invested $70 million in
killer whale habitats in the last three years alone, and claim that their orcas live equally long and
fruitful lives as those living in the wild,4 but evidence provided by their opposition as well as
neutral parties suggests something fishy is going on in their parks.
Gabriela Cowperthwaite’s Blackfish shunted the controversial topics of animal rights and
trainer safety into the front of the public’s mind. The documentary accused SeaWorld of
neglecting to inform their trainers of the potential dangers of working with killer whales, as well
as decreasing the life expectancy and quality of life of the orcas. It used interviews with former
SeaWorld trainers and the killer whales’ increased mortality rate and instances of collapsing
dorsal fins compared to orcas in the wild as evidence for these claims.5 The backlash from
Blackfish has been so severe that SeaWorld now has an entire page on their website titled “The
1 SeaWorld Parks & Entertainment, Inc. "SeaWorld Theme Parks in Orlando,San Antonio and San Diego.", 2014.
2 NOAA Fisheries Officeof Protected Resources. “Marine Mammal Protection Act.”, June 14, 2013.
3 Ibid."Killer Whale(Orcinusorca).",May 14, 2014.
4 SeaWorld Parks & Entertainment, Inc.
5 Blackfish. Directed by Gabriela Cowperthwaite. United States of America: January 19,2013.
4. Truth About Blackfish – Why Blackfish is Propaganda, Not Documentary” dedicated to rebuttal-
ing the documentary’s statements regarding the poor treatment of whales in captivity. The page
reports that SeaWorld does not separate whale mothers from their calves as is portrayed in the
film, accuses Cowperthwaite of masquerading animal rights activists as scientists to legitimize
her cause, and dismisses the claims that SeaWorld misleads or manipulates their employees into
working with dangerous animals as pure lies.6 Jon Reilly, the president of SeaWorld San Diego,
refers to Blackfish as nothing but a “propaganda film” that caused the park to be “surrounded by
emotion and misinformation.”7 Despite his allegations against the movie, there is no denying the
tremendous impact it has had on the orca liberation movement. Since its release, Pixar
announced they would change the ending of their upcoming movie Finding Dory so it no longer
involves the marine animals ending up in a SeaWorld-like park, but instead at an aquatic center
where they can come and go as they please,8 and musical acts including Willie Nelson and the
Barenaked Ladies have withdrawn their plans to perform at SeaWorld. On a smaller but more
personal level, upon seeing the film 10 year old girl, Kirra Kottler, managed to convince her
classmates and principle to cancel their annual trip to SeaWorld, a tradition 10 years strong, and
instead attend a whale-watching expedition.9 Blackfish lit a match under the public to expose
and put an end to SeaWorld’s mistreatment of orcas.
Members of the People for the Ethical Treatment of Animals (PETA) as well as other
animal rights activists and even some politicians have utilized the attention put on orcas in
6 SeaWorld Parks and Entertainment, Inc.
7 City News Service. "San Diego Supervisors Back SeaWorld In Killer WhaleControversy." KPBS, April 15,2014.
8 Barnes, Brooks."‘FindingNemo’ Sequel Is Altered in Response to Orcas Documentary." NY Times, August 9, 2013.
9 Allen, Greg. "Months After 'Blackfish' Release,Controversy Over SeaWorld Grows." National Public Radio, January
15, 2014.
5. captivity spawned from Blackfish to their advantage. The coordinator for PETA’s orca liberation
campaign, Danielle Katz, has expressed her desire to replace killer whale shows with “coastal
seaside sanctuaries” for the animals,10 and fellow PETA member David Pearle described
SeaWorld and similar attractions as “cruel ‘abusement parks.’” Assemblyman Richard Bloom
(D-Santa Monica) actually proposed legislation known as the “Orca Welfare and Safety Act”
that would allow aquatic theme parks to hold orcas in captivity, but in a setting more similar to
their natural habitat, but also ban breeding of orcas in captivity and any importing/exporting of
whales.11 SeaWorld’s opposition is growing, but what evidence is backing people’s accusations
against the park, or is it really all based on propaganda-induced emotions as SeaWorld
representatives claim?
The lifespan of killer whales held in captivity compared to those is the wild has been a
pivotal question in the battle for orca liberation. According to SeaWorld, “the issue of killer
whale lifespan is one that is often misconstrued and overly simplified. The simple truth is that
no one knows.” The article goes on to describe that life-expectancy of whales in the Pacific
Northwest is about 30 years for females and 19 years for males, whereas in Southeast Alaskan
waters it is a maximum of 50 years for females and late 30s for males, and little is known
regarding information on whales in other parts of the world. It then mentions that of their 29
killer whales, five are over 30 and one is close to 50, so they are supposedly on par with whales
in the wild.12 Now, according to National Geographic’s website, the average lifespan of orcas in
10 Perry, Tony. "Amid killer whalecontroversy,S.D. City Council honors SeaWorld." LA Times, March 18, 2014.
11 City News Service. "What California’sOrca Bill Would Mean For San Diego’s SeaWorld." KPBS, March 7, 2014.
12 SeaWorld Parks & Entertainment, Inc.
6. the wild is anywhere from 50 to 80 years.13 The National Marine Fisheries Service (NMFS), a
federal agency that is a division of the National Oceanic and Atmospheric Administration
(NOAA) and the Department of Commerce, reports even a slightly broader range of 50 to 90
years.14 Clearly, both accounts are in stark contrast to the numbers SeaWorld plugs and it is
important to note that these are not the numbers reported by PETA or in Blackfish or any other
apparently biased outlet, but by a federal government agency and a world-renowned non-profit
organization. Suddenly SeaWorld’s foundation of “we really care about helping the whales”
starts to crumble.
So the evidence now supports the idea that whales held in captive live shorter lives than
their counterparts in the ocean, but what about the safety of the trainers? Does SeaWorld really
mislead their employees into performing potentially deadly stunts with the whales? Whales
seem like such gentle giants, the instance of Tilikum attacking Dawn was probably just an
isolated incident by a bad seed, right? To start, orcas are not actually even whales but a species
of dolphin. They are members of the cetacean order and they are carnivores. In the wild, they
hunt in groups called pods.15 However, these are wild orcas, and the killer whales at SeaWorld
are held in captivity, so shouldn’t they be domesticated? Well, studies have shown that in least
in the case of dogs, domestication takes thousands of years,16 so there is no way it could be
achieved in the 50 years since SeaWorld’s opening. Therefore, the trainers are not dealing with
domesticated animals at all, but wild animals being forced into captivity. Thus, forcing orcas
13 "Killer Whale(Orca) Orcinusorca." National Geographic, 1996-2014.
14 NOAA Fisheries Officeof Protected Resources. "Killer Whale(Orcinusorca).",May 14, 2014.
15 National Geographic.
16 PBS.org, "Dogs That Changed the World:What caused the domestication of wolves?", 2014.
7. into a habitat not favorable to their species seems like it is almost asking for the orcas to lash
back. The trainers should never feel safe to assume that a killer whale would not hurt them,
especially given the anxiety-inducing cramped environment they inhabit at SeaWorld.
SeaWorld has also had more than its fair share of supporters since the dawn of its battle
with fans of Blackfish. The San Diego Board of Supervisors recently voted 3-1 to oppose
Richard Bloom’s proposed legislation to further restrict SeaWorld’s ability to exploit its
whales.17 They are not alone in their support of the company, particularly among San Diego
residents. Ron Roberts, a member of the Board of Supervisors, argues that SeaWorld is too
valuable to San Diego’s economy to jeopardize its success. SeaWorld is San Diego’s second
most visited attraction, with about four and a half million visitors, annually, as well as among its
largest employers, providing jobs for 4,500 people during the summer. For these reasons, the
San Diego City Council just unanimously voted to declare March “SeaWorld San Diego Month”
upon the 50th anniversary of its opening, despite all the controversy stemming from Blackfish’s
release. SeaWorld also recently landed Bindi Irwin, the 15 year old daughter of Steve Irwin
(“The Crocodile Hunter”), as the face of their new online program “Generation Nature” which is
meant to increase children’s interest in wildlife and conservation.18 To foster the liberation of
orcas using nonviolent tactics, it will be necessary to harvest SeaWorld’s influence and use it to
inspire change from cruel “abusement parks” to the natural sanctuaries PETA activists referred
to previously.
Before getting into the specifics of how to go about changing SeaWorld’s agenda
peacefully, it is necessary to frame the issue of orca liberation so it may fit the mold for
nonviolent progress. One theme that has been central to the success of virtually every American
17 City News Service. "San Diego Supervisors Back SeaWorld In Killer WhaleControversy."
18 Cutway, Adrienne. "Bindi Irwin partners with SeaWorld amid controversy." Orlando Sentinel, March 12, 2014.
8. peace movement is some sort of appeal to religion. Without the existence of some higher power
judging mankind based on our actions, there is no plausible reason why any given creature on the
planet should not exploit everything it perceives to its fullest extent solely to benefit oneself.
When you add the promise of heaven into the equation, suddenly morality becomes a factor and
people (and animals) are forced to work together if they wish to achieve this high reward. In
order to bring about the orca’s liberation in a timely manner, Cowperthwaite, PETA, and anyone
else concerned should find a way to affiliate their cause with Christianity. Simply throwing
“because God/Jesus said so” into an argument has tremendous pull with the American people.
An appeal to religion has been successful in human rights campaigns, but this struggle is for the
liberation of whale, creating an issue of facing what Gene Sharp refers to as the “grievance
group” (the group being oppressed and/or exploited) that is not even human! The appeal to
religion can be applied to benefit nonhumans as well. Matthew 6:26 asks “Look at the birds of
the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them.
Are you not much more valuable than they?” and just one biblical reference goes a long way. If
pro-orca activists incorporate this idea into their campaign, they should see much more support
from their peers.
Having a nonhuman grievance group creates another obstacle in the struggle for justice,
since we cannot communicate with orcas, so they have no chance to stand up for themselves.
Sharp saw the struggle for power in society as a function of authority and obedience, but with no
means of communication, it is impossible to determine whether the whales remain in captivity
because they want to or because they are being forced to and have no means of expressing their
discomfort. Considering the unbiased evidence supports the idea that holding orcas in captivity
is not in any way beneficial to their lives, but is in fact quite detrimental and purely for the sake
9. of our entertainment, the only fair and just solution seems to be to assume the orcas are not
happy in captivity and belong instead in the wild.
Even though an appeal to religion can be utilized and cetaceans are supposedly very
intelligent, empathetic creatures, it is important to acknowledge that many people still will not
care enough to get on the “save the whales” bandwagon, since whales are still not humans. Most
people simply do not or cannot feel the same empathy for other animals as they do for humans.
In the face of these dissenters, there is also the option of calling to attention the exploitation of a
second grievance group within the SeaWorld controversy who are in fact human: the orca
trainers. Sea world’s trainers are not required to have any sort of degree in marine biology or
previous experience working with whales or other wild animals. They are led to believe they
have nothing to fear when handling killer whales as long as they follow their training. Even
though in the majority of cases this assumption turns out to be true, it is dangerous and
misleading not to warn SeaWorld’s employees of killer whale’s aggressive nature. By asking
“would you want your son or daughter playing with a carnivorous wild animal about 100 times
their size?”, it is possible to appeal to even the least empathetic person. Emphasizing both the
welfare of the orcas and their trainers will be necessary if the orca liberation movement is to
succeed.
Gene Sharp wrote that there are three types of nonviolent action: protest and persuasion,
noncooperation, and nonviolent intervention. “Protest and persuasion” includes many of the
tactics supporters of orca liberation are already using: documentaries, speeches, petitions,
demonstrations, and any other forms of drawing attention to an issue without actually taking
direct action against us, instead relying on the public’s and oppressors’’ reaction to vocalizing
the problem. It is an incredibly important step in any peaceful campaign as it introduces the
10. issue to a wider audience, but it will not put an end to oppression on its own. Noncooperation is
the next step that needs to be taken to inspire the orca’s liberation. It is divided into four
subcategories: social noncooperation, political noncooperation, economic boycotts, and strikes;19
the latter two are the most essential in the case of the orcas. As mentioned earlier, SeaWorld is
such a large contributor to San Diego’s economy that many of its residents are fearful of taking
any action that could jeopardize its profits. However, if the goal is not to close SeaWorld but
merely to restructure it, boycotts and strikes could put the pressure on the company necessary to
foster serious change. If a boycott against attending SeaWorld were organized, it would
obviously be horribly detrimental to the park’s profits. In turn, if the 4,500 workers for
SeaWorld staged a strike in response to being misled regarding the risks associated with their (or
their coworker’s) job, the park would not even be able to remain open whether it had any visitors
or not. Nonviolent intervention would not be especially helpful to this cause since it would be
more likely to exacerbate the enemy than influence them to change their view, and SeaWorld is
such an economically strong opponent that winning its support for orca liberation will be key to
the success of the movement. Well-planned strikes and boycotts, paired with the support of
certain politicians like Richard Bloom, should suffice in the orca’s liberation.
So how can we put a stop to SeaWorld’s tyranny over its whales and employees while
winning SeaWorld’s support? By making the goal not to ban or bankrupt SeaWorld, but to put
an end to SeaWorld as we currently know it. The ban on orca shows would remain in place and
SeaWorld would be allowed to maintain ownership over their current orcas (since it is likely they
would not survive being released into the wild after living all or most of their life in captivity),
but no longer have the right to breed new whales in captivity, as Assemblyman Bloom proposed.
However, on the event of the passing away of all of SeaWorld’s orcas, they would restructure the
19 Sharp, Gene. How Nonviolent Struggle Works. United States of America: The Albert Einstein Institute, 2013.
11. park so it no longer houses orcas in tanks but in the “coastal seaside sanctuaries” proposed by
PETA member Danielle Katz. This “New SeaWorld” could focus on educating its patrons about
whales and their natural habitats, and even offer whale watching in addition to its wildlife
sanctuaries. Civil disobedience and other forms of nonviolent action have been pivotal to human
rights campaigns in the United States, but their rhetoric it powerful enough to be applied to
man’s inalienable rights to include our aquatic counterparts as well.
12. Works Cited
Allen, Greg. "Months After 'Blackfish' Release, Controversy Over SeaWorld Grows." National
Public Radio, January 15, 2014.
Barnes, Brooks. "‘Finding Nemo’ Sequel Is Altered in Response to Orcas Documentary." NY
Times, August 9, 2013.
Blackfish. Directed by Gabriela Cowperthwaite. United States of America: January 19, 2013.
City News Service. "San Diego Supervisors Back SeaWorld In Killer Whale Controversy."
KPBS, April 15, 2014.
City News Service. "What California’s Orca Bill Would Mean For San Diego’s
SeaWorld." KPBS, March 7, 2014.
Cutway, Adrienne. "Bindi Irwin partners with SeaWorld amid controversy." Orlando Sentinel,
March 12, 2014.
"Killer Whale (Orca) Orcinus orca." National Geographic, 1996-2014.
NOAA Fisheries Office of Protected Resources. "Killer Whale (Orcinus orca).", May 14, 2014.
NOAA Fisheries Office of Protected Resources. “Marine Mammal Protection Act.”, June 14,
2013.
PBS.org, "Dogs That Changed the World: What caused the domestication of wolves?", 2014.
Perry, Tony. "Amid killer whale controversy, S.D. City Council honors SeaWorld." LA Times,
March 18, 2014.
SeaWorld Parks & Entertainment, Inc. "SeaWorld Theme Parks in Orlando, San Antonio and
San Diego.", 2014.
Sharp, Gene. How Nonviolent Struggle Works. United States of America: The Albert Einstein
Institute, 2013.