The 1851 Center for Constitutional Law in Columbus — the same law center that filed suits on behalf of a bridal shop and gyms — has now filed a suit against the Ohio Department of Health Director Dr. Amy Acton on behalf of Ohio amusement parks Cedar Point, Kings Island and Kalahari Resorts.
The suit claims, as the others did, that the director has no power to close lawful businesses or to continue to enforce their closure. In addition, it says that while similar businesses and entertainment destinations like pools or places with larger crowds have been allowed to reopen, and that on June 4, Gov. Mike DeWine declared opening dates for destinations like zoos, museums, movie theaters, aquariums and the like (June 10), the order continues to single out amusement parks and water parks.
"The Order provides no opening dates for these seasonal businesses that employ thousands and generate the bulk of the economic activity in their respective counties, even though these businesses are safe to operate," says a release from the 1851 Center.
Kings Island says it employees 570 full-time and 10,000 seasonal and part-time workers.
And the suit itself claims, "Through various orders and fiat, the Director of the Ohio Department of Health has arbitrarily criminalized all safe amusement and water park operations, without providing any process, venue, or judicial review to determine whether these Ohioans’ businesses are in fact safe enough to warrant operation."
You can read the full complaint here.
Kings Island argues they can follow all Responsible RestartOhio guidelines set forth for businesses including those for pools and aquatic centers, day spas, restaurants and bars, canoes and liveries and can offer vast social distancing space over their 300 acres. They can also offer timed ticketing for entry.
They also say, logically, they've been deprived of nearly "all gross business revenue" and suffered personal financial harm due to the closure. They were slated to open in April and thus have lost several months' of admission fees and concession and assorted other merchandise sales.
It also probably doesn't help that they just invested in Orion, one of only seven of the world's "giga coasters" — a sort of meteor storm/interstellar themed ride where you drop 300 feet at one point and fly up to 91 miles-per-hour over seven hills. According to Kings Island, the coaster will be the theme park's fastest, tallest and longest steel coaster — and it was supposed to open in April.
“The Ohio Constitution’s protections apply to all, including those businesses that the state’s highest public officials view as non-essential. The Governor and his Health Director must end their unnecessary and unconstitutional assault on Ohioans’ businesses and traditions,” said 1851 Center Executive Director Maurice Thompson. “We and our clients remain committed to ensuring that these arbitrary policies never again recur.”
The cases is currently pending in the Warren County Court of Common Pleas.
