Houston Chronicle

SeaWorld reaches settlement on ‘Blackfish’

Deal worth $65 million; company was sued over impact of movie

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SeaWorld Entertainm­ent Inc. agreed Tuesday to pay $65 million to to end a 2014 class-action civil lawsuit in which the theme park company was accused of misleading investors over the impact the documentar­y “Blackfish” was having on its bottom line.

The Orlando, Fla.-based company revealed the settlement in a new SEC filing. In it, SeaWorld said it does not admit wrongdoing in the settlement that still must be approved by the courts.

The company said it would pay for the settlement using about $45.5 million in insurance proceeds and $19.5 million in cash.

The “Blackfish” documentar­y gave a damning portrayal of keeping whales in captivity, and told the story of Dawn Brancheau, the SeaWorld animal trainer who was killed during a performanc­e in 2010 by the orca Tillikum.

Attendance and revenue declined after the documentar­y’s 2013 release.

In the 2014 lawsuit filed in California, a group of investors accused SeaWorld executives of ignoring and denying the film’s backlash.

Internal emails released in the court case showed SeaWorld executives complained about “Blackfish” hurting business in late 2013 or early 2014 — months before the company admitted in August 2014 that the movie hurt attendance, previously released court records show.

SeaWorld also was under investigat­ion by the federal government for similar allegation­s.

In 2018, the U.S. Securities and Exchange Commission fined SeaWorld $4 million and its former CEO James Atchison $1 million to settle federal fraud claims alleging they had made misleading statements about the documentar­y’s impact.

SeaWorld Entertainm­ent is based in Orlando and runs 12 theme parks across the company.

The company has rebounded in the last two years as it aggressive­ly added new rides, cut expenses and changed how animals are used in its shows.

SeaWorld recently said it will stop letting trainers ride on the noses and backs of dolphins.

SeaWorld said in a statement that it’s “continuall­y evolving its animal presentati­ons for both guests and their animals.”

 ?? Sandy Huffaker / New York TImes ?? SeaWorld ‘s parent company, based in Orlando, Fla., said it would pay for the settlement using about $45.5 million in insurance proceeds and $19.5 million in cash.
Sandy Huffaker / New York TImes SeaWorld ‘s parent company, based in Orlando, Fla., said it would pay for the settlement using about $45.5 million in insurance proceeds and $19.5 million in cash.

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