Attorneys for SeaWorld are using the holiday weekend to get ready to head back to court.

The theme park plans to appeal a federal penalty imposed after one of the park's trainers was killed by a killer whale.

A steady stream of protesters against holding killer whales in captivity has remained outside SeaWorld Orlando throughout the weekend.

Meanwhile SeaWorld will argue its case before the U.S. Court of Appeals Tuesday.

The appeal centers around the Occupational Safety and Health Administration's response to the death of Dawn Brancheau.

Brancheau was killed in 2010 after being dragged underwater by Tilikum, a bull orca, at SeaWorld Orlando.

The company was given what is now a $12,000 fine and were required to impose new safety rules.

As a result, trainers are no longer allowed in the water with the whales.