Documentary filmmaker facing a SLAPP in Florida?

Nov 25, 13

Six years after it began, a sprawling civil action targeting the Miami-based star of an Academy Award-winning documentary about dolphin hunting in Japan drags on in Broward Circuit Court with no end in sight.

Ocean World Adventure Park, Marina and Casino, located in the Dominican Republic, says its $700 million “racketeering” suit against Ric O’Barry is about damages it suffered after O’Barry “orchestrated a campaign” that ultimately prevented Ocean World from importing in 2007 a dozen dolphins from a Japanese cove where fisherman slaughter and sometimes capture the ocean mammals.

O’Barry and his employer and co-defendant, the nonprofit Earth Island Institute, counter that Ocean World’s legal action is a SLAPP suit intended to silence O’Barry and other environmentalists. SLAPP is an acronym for “strategic lawsuit against public participation.”

“It is not going to intimidate me and shut me up,” O’Barry said in an interview.

O’Barry became a dolphin activist after training dolphins for the 1960s Miami-based television show “Flipper.” He became a star in “The Cove,’ which took home the Academy Award for Best Documentary in 2010.

the-cove-movieThe film follows O’Barry and a group of dolphin activists in Taiji, Japan, as they sneak past fences and “keep out” signs to covertly film Japanese fishermen inside the cove as they herd, trap and slaughter dolphins not selected for captivity.

Virginia Sherlock, a Stuart-based attorney experienced in defending against SLAPP suits, said real estate developers often file SLAPP suits to silence critics. Those who file SLAPP suits have no intention of winning, she said. “The purpose is to shut up” critics and make sure “everybody else knows about it” so the suit will have a chilling effect.

Thirty states, including Florida, have anti-SLAPP laws. Florida’s law is weak because it only restricts government agencies and homeowner associations from filing such suits. It does not apply to businesses.

 

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