MIAMI – The Miami Seaquarium filed a federal lawsuit Friday against Miami-Dade County, just two days before a deadline to vacate the Virginia Key property.
It’s the latest volley in an ongoing battle between the troubled marine park and the county, which, citing U.S. Department of Agriculture inspection reports documenting a series of repeat violations, is pressing forward in its lease termination process, with an April 21 deadline.
The lawsuit, filed in U.S. District Court by MS Leisure Corporation, alleges unfair regulatory practices, breach of contract, restrictive zoning and land use policies, economic damages and reputational harm.
Related: USDA report reveals more animal welfare issues at Miami Seaquarium
The 32-page document seeks a halt to the county’s plan to evict the company. It also seeks $35 million from the county as compensation for the lease termination.
It says that the county’s plan to “eject MS Leisure from the Seaquarium, without any lawful plan of action for the animals,” is a violation of the Endangered Species Act. It also alleges that the county would be violating the Migratory Bird Treaty Act and the company’s constitutional rights.
The suit states that without MS Leisure being able to access the property, “the animals will undoubtedly suffer and likely perish.”
It also claims that the county officials violated the company’s First Amendment rights by retaliating against it for protesting county actions by citing it with “inapplicable code violations” and “by leaking false information about USDA inspections.”
The Seaquarium’s parent company released a statement on the lawsuit Friday:
“Filing this lawsuit against Miami-Dade County is a step we take with heavy hearts but clear minds, driven by our duty to protect our legacy and ensure our ability to continue making positive impacts on marine conservation. We stand firm in our belief that with fair treatment and support from Miami-Dade County, we can overcome the current challenges and emerge stronger, for the benefit of our community, our staff, and the animals we are dedicated to protecting, just like we do in all our parks.”
Eduardo Albor, Dolphin Company CEO
Legal analyst David Weinstein, who’s not involved in the case, told Local 10 News that the suit “will put a temporary hold on any eviction proceedings and will likely result in a hearing” in federal court on the restraining order sought by Seaquarium management.
Daniel Wehking, an attorney who used to work for the Seaquarium as an animal caretaker and diver — and has since become a critic of the park and its leadership — blasted the lawsuit Friday, calling it “a frivolous attempt at a delay tactic” featuring “numerous allegations that are incorrect on their face.”
Wehking said federal endangered species and migratory bird laws don’t apply to the situation.
For instance, he said the claim that confiscating flamingoes “would constitute a ‘taking’ under the Migratory Bird Treaty Act,” is inaccurate.
“‘Taking’...refers to killing, capturing, selling, and trading covered birds,” Wehking said in a statement to Local 10 News. “It does not and was not intended to provide protection to owners that abuse or neglect their animals or to lease violators who fail to make accommodations for their animals.”
He added, “Anyone with a pedestrian understanding of evictions understands that the landlord does not retain the personal property of the (lessee). It should be difficult for the Dolphin Company and their counsel to claim with a straight face that the eviction would, on its own, allow the taking of the animals. State law permits the county taking all of the neglected animals there, but that is not a result of the eviction.”
Wehking said the idea that the park is worth $35 million is “laughable and inserted for shock value.”
Regarding claims of retaliation by the county, Wehking said, “Every animal welfare report has come exclusively from the federal government which the Mayor has no control over or say in.”
The county itself has yet to comment on the suit.
Read the lawsuit: