The most important citation claimed they had willfully violated OSHA 's general duty clause of the Occupational Safety and Health Act of 1970, endangering the lives of their trainers. SeaWorld refused to pay the citation fees and took the case to court. Judge Ken Walsh upheld OSHA 's citations in court and ruled on OSHA 's recommendation, that SeaWorld trainers are no longer allowed to be in the water with the orcas--there must be a physical barrier between them. SeaWorld appealed the case and again, the court upheld the decision. The court 's decision has changed the way SeaWorld 's entertainment shows are to operate and has brought to light the controversy of using animals for entertainment. At what costs to the animals should we continue to use them to entertain and educate the public?
Questions Presented: Should SeaWorld be permitted to keep orcas in captivity and continue their use for entertainment purposes? Is SeaWorld violating the Animal Welfare Act with its use and detainment of orcas?