DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?

“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the risk to participants is too high?” This is the question posed by Judge Kavanaugh in his dissent to the Court’s opinion in SeaWorld of Florida, LLC (“SeaWorld”) v. Thomas Perez, (No. 12-1375), issued this morning.

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