WFLA

Clearwater aquarium voyeurism investigation: Why were no charges filed?

CLEARWATER, Fla. (WFLA) — Regina Mills says she has experienced a range of emotions since December 2020.

“Frustrated, sad,” Mills said. “Angry and violated.”

Mills was one of several performers at the Clearwater Marine Aquarium who were recorded without their knowledge while changing into their mermaid costumes. Mills does not believe the investigation was conducted properly.

“I fully believe it is a cover up,” she said. “It feels very much like CMA wants to sweep this under the rug and ignore that it happened on their watch.”

Once the recording came to light, CMA hired its own law firm to conduct an independent investigation. That investigation determined that the recording happened accidentally and there was no criminal intent.

Mike Hurst, a vice president at the aquarium was suspended during the investigation and later resigned. Frank Dame was the CEO at the time and retired after the investigation concluded.

CMA released a new statement on Wednesday after some of the performers came forward and posted their side of the story on social media sites like TikTok.

Photo courtesy of Regina Mills..

“Clearwater Marine Aquarium and our Board of Directors are committed to making meaningful change in light of the troubling concerns recently brought to us on social media,” the statement said. “When new leadership came onboard at CMA after this situation became known, it was assumed this issue had been resolved. Our board worked with Carlton Fields, a reputable firm in Tampa, to launch an internal investigation. Those findings were then verbally shared with the board and as a result, preventative measures were taken to ensure such an incident could not happen again. It is now very clear to us that those steps taken were not enough.”

“We are engaging in conversations with the original company and their team to plan an in-person meeting so we can hear their story, begin the healing process, and respect their voices,” the statement continued. “We are taking a deep look into this situation and giving it the attention it deserves. Our priority is to rebuild trust and become a model for a safe and supportive work environment for everyone.”

Ashley Mengel wasn’t satisfied with the aquarium’s investigation results and called police.

“They defended themselves. They did exactly what they wanted to do and they are getting away with it,” Mengel said. “I got upset and I said this is ridiculous, at this point they are not helping us. They are protecting themselves and we need somebody on our side. So I called Clearwater PD.”

Police investigated the case but, by the time detectives arrived, eight months had passed. The recording had been erased and at least some of the mermaids did not want to cooperate with the investigation. No criminal charges were filed.

Caroline Don also performed in that group. She too says she feels violated.

“They didn’t want to go to the police,” Don said. “They’re like ‘oh, it was an accident open and shut. We’re not going to call the police. We don’t need to. We went with a law firm. That’s fine.’ And it just feels wrong. “

Charles Gallagher is an attorney and legal expert not affiliated with this case. He believes the performers could seek legal action against the aquarium.

“I think there is a cause of action, civilly, for sure,” said Gallagher. “They’re minimizing what happened. I think certainly there would have to be a conception of liability for allowing there to be cameras that were running in an area that was being used to change in.”