The 2010 death of Seaworld employee Dawn Brancheau brought an end to the breathtaking performances featuring trainers and the majestic killer whales.
Now, SeaWorld are appealing a decision that prohibits trainers from getting into the water with the killer whales.
Brancheau's tragic death was the third connected to the same killer whale, called Tilikum.
Brancheau was dragged underwater and killed by the animal in front of a shocked SeaWorld crowd.
“All of a sudden the whale just latched onto her and took her under,” said a witness to the attack.
The Occupational Safety Health administration fined SeaWorld $12,000- a relatively miniscule amount when compared to SeaWorld's lucrative profits.
However, their decision to prevent trainers from swimming with the animals had a greater impact, causing SeaWorld's famous killer whale shows to cease.
SeaWorld is appealing the decision on the basis of a general duty clause stating that workplaces must be free of recognized hazards.
According to Labor and Employment attorney Benjamin Briggs, they could have a chance by arguing that interaction between trainers and killer whales is essential to their business.
“They’re taking the position that this isn’t just the way we do work, it’s our product.”
SeaWorld says they’ve gone to great lengths to lessen the risks to trainers, but cannot erase the danger entirely and should not have to.