Non-profit sues Ohio on behalf of Cedar Fair and Kalahari to reopen

Posted | Contributed by Jeff

Lawsuits filed on behalf of Cedar Point, Kings Island, and Kalahari Resorts demand theme parks be allowed to reopen immediately. The lawsuits were filed by the 1851 Center for Constitutional Law against Ohio Department of Health Director Dr. Amy Acton in Warren County and Erie County Common Pleas Courts on Thursday.

Read more from WBNS/Columbus.

Read the statement from 1851 Center For Constitutional Law.

Related parks

The rube Goldberg in me has to wonder... Could sanitizing the coaster cars be done easier on Millennium Force and Top Thrill better and faster than on the other rides with flush loading? As the coaster train rolls in from unload to load, simple spray disinfectant at the cars, just like they do carts in the grocery story? Maybe this will leads to Blue Streak being converted back to its old self, with no seat dividers and a separate load and unload station?

OK, sarcasm aside, this is just going to be really interesting to see how this all pans out. I can imagine there are some people in operations right now really, really trying to figure out how to make this work from a practical standpoint.

Anyone up for some light reading?
https://ohioconstitution.org/wp-content/uploads/2020/06/20cv0201-JE.pdf

The Erie County court granted the injunction requested by Kalahari and denied same to Cedar Point because Cedar Point did not present their case, presumably because by being permitted to open on the 19th and not scheduling to open until July, Cedar Point did not seek any remedy in this suit.

The important thing is that by pursuing this suit even after being given permission and a date to open, Kalahari got the court to call into legal question the entire basis for the unelected Director of the Health Department's authority to take unfettered unilateral action and to effectively create legislation outside the normal legislative process. It also questions the legality of ordering certain businesses to close or prohibiting them from opening based on the type of business rather than on specific public safety criteria. The Court even notes that while in other States there is precedent for protecting orders given by elected officials from the meddling of an unelected judiciary, in Ohio the orders in question are being given by unelected officials and being called into question by an elected judiciary, meaning that in Ohio, the Court is accountable to the citizens even as the Director is not.

This is the reason that the 1851 Center brought the suit in the first place, and it appears at first glance that the Erie County court gave them exactly what they wanted. It will be interesting to see what the ramifications of this are, and whether the case gets appealed.

--Dave Althoff, Jr.


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