Rekubit-Miami Seaquarium says it will fight the eviction, protestors may have to wait to celebrate

The Rekubitoperators of Miami Seaquarium received an eviction notice from Miami-Dade County, but the Seaquarium is standing its ground and sent a letter to the Mayor's office stating the county has no grounds for eviction, media outlets report.

For over a decade, demonstrators showed up to the Miami Seaquarium to protest the living conditions of the animals at the park, Wendy Fernandez, a local activist with SoFlo Animal Rights and staffer for PETA, told USA TODAY.

The protestors were planning a party to celebrate and thank the mayor, Daniella Levine Cava, for making the eviction possible.

Miami-Dade County said the park's failure to maintain those animals is exactly why its mayor sent them an eviction notice. But protestors may have to wait a bit longer to celebrate because the Seaquarium says it has proof that contradicts the claims of its eviction notice.

Miami Seaquarium eviction

Levine Cava sent the park's operator, the Dolphin Company, and its president, Eduardo Albor, a notice of termination of the lease on Thursday. Officials said the tenant, MS Leisure Company, violated their lease by treating its animals poorly and keeping the Seaquarium's grounds improperly maintained.

"We hereby demand that [MS Leisure Company] vacate and surrender the Property by April 21, 2024," states the letter which was obtained by USA TODAY.

A representative of the county told USA TODAY the tenant had until Monday to accept the letter of termination. But the Seaquarium is refusing to give the land back.

The park's operator is refusing because it says it has evidence that proves the claims made in the letter are false. According to the Miami Herald, Edwin Gonzalez, a leader of the company that owns the Seaquarium, wrote a letter to the office of Levine Cava announcing Seaquarium's refusal.

“We received your notice with grave concern and disappointment," it said. "We have found substantial evidence that contradicts the claims made in your notice.”

According to the Herald, Gonzalez believes that Miami-Dade County is ignoring the follow-up documentation that shows where the issues cited in multiple reports on the federal and county levels were fixed or mitigated.

Gonzalez requested to meet with the mayor to keep the park open past the April deadline, the Herald reported, but said the Seaquarium will take the issue to court to fight the eviction if it has to.

Before the park sent a letter to the county, it posted a statement on X, formerly known as Twitter, last week that also claimed the accusations thrown at them by the county were incorrect.

"This upcoming Monday, March 11, the tenant will deliver proof to the landlord that none of the defaults or violations occurred, have been cured, or are in the process of being cured during the period specified in the contract," reads a statement from the Seaquarium. "Consequently, there are no grounds for lease termination, and the tenant will maintain possession and operation of the Miami Seaquarium for the remaining duration of the lease agreement, or until a court ruling dictates otherwise."

The lease was initially set to expire in 2044, reports NBC Miami.

In a different post on X, the park's president shared similar sentiments.

"We have a valid lease and @MiamiDadeCounty has to meet their obligations under the lease," wrote Albor. "We will let the lawyers do their work, and a court of law rule."

Failed 'to provide for the safe and adequate maintenance of the animals'

According to the eviction letter, in order to maintain its lease, the park needed to provide for the animals "in accordance with federal laws and regulations."

The county, however, cited the citations the park received after an inspection from the United States Department of Agriculture uncovered violations related to animal care.

The following is a list of why and how many times the USDA cited the park between July 6, 2022, and January 9, 2024, according to the eviction letter:

• Failure to adequately maintain facilities (7)
• Inadequate veterinary care (7)
• Failure to maintain outdoor facilities (3)
• Failure to have adequate staff (3)
• Inadequate water quality (3)
• Failure to maintain indoor facilities (2)
• Inadequate handling of animals (2), according to the letter, one of these instances resulted in a dolphin biting a patron during a dolphin encounter.

Lolita and Romeo

Miami Seaquarium gained national attention after the facility announced Lolita the whale would be freed from captivity.

However, before she was freed, she died on August 18, 2023. Her remains were to be returned to the Pacific Northwest.

In a post on X, the Seaquarium said Lolita, who was renamed Toki, died from a renal condition.

In a viral video shot in November, a manatee named Romeo, a manatee, can be seen floating alone in his tank at the park. Public pressure mounted, and now the manatees are being removed from the aquarium.

"You can feel Romeo," Phil Demers, activist and co-founder of UrgentSeas, the organization that published the video, previously told USA TODAY. "It's a gut punch. I don't think any even reasonably empathetic human can't un-see or un-feel what that does."

Tickets are still on sale

As of writing this article, general admission tickets to the Miami Seaquarium are being sold on its website for $41.99, as well as its dolphin, shark and penguin encounters.

Contributing: James Powel, Amanda Lee Myers, Kinsey Crowley; USA TODAY

Julia is a trending reporter for USA TODAY. She has covered various topics, from local businesses and government in her hometown, Miami, to tech and pop culture. You can follow her on X, formerly known as Twitter, Instagram and TikTok: @juliamariegz.