SANDUSKY — On the same day that Gov. Mike DeWine gave the green light for a number of other entertainment entities to reopen, major Ohio destinations Kings Island and Kalahari Resorts & Conventions have sued his health director to force her hand when it comes to them.
The suits were filed in Erie County Common Pleas Court, where Kalahari, which includes indoor and outdoor water parks, is located, and in Warren County, home of the Kings Island amusement park.
Kings Island and amusement park Cedar Point are both owned by Sandusky-based Cedar Fair, which is expected to join one of the lawsuits on Friday.
“The Ohio Constitution’s protections apply to all, including those businesses that the state’s highest public officials view as nonessential,” said Maurice Thompson, executive director of the conservative 1851 Center for Constitutional Law and one of three attorneys who filed the cases.
“The governor and his health director must end their hyperbolic and unconstitutional assault on Ohioans’ businesses and traditions,” he said. ”We and our clients remain committed to ensuring that these arbitrary policies never again recur.”
At issue is Dr. Amy Acton’s extended stay-at-home order that has kept the amusement and water parks closed out of fear that large crowds could fuel a spike in coronavirus infections.
The suits contend the state has treated the entities differently than public swimming pools and other recreational and entertainment venues, which can also draw crowds but have either been allowed to reopen or have been given dates to do so.
The Kalahari suit notes that a sister park in Wisconsin is operating.
The lawsuits seek preliminary injunctions preventing the state and county departments of health from enforcing Dr. Acton’s orders, the most recent of which extends through July 1.
The suits contend that Dr. Acton has essentially “criminalized,” without opportunity for a hearing. the operation of amusement and water parks. A violation of an emergency health order can be second-degree misdemeanor punishable by up to 90 days in jail and a $750 fine.
They contend that the parks are willing to abide by safety regulations applied to other businesses through the state’s orders, including such things as social distancing and wearing of face masks.
The 1851 Center has had some success with similar arguments. A Lake County judge recently agreed that the health director had overstepped her authority in keeping gyms and fitness centers shuttered. They have since been allowed to reopen.
But a similar argument regarding a bridal shop failed before a federal judge.
“Nearly every prediction made by defendants and their attorneys to justify their arbitrary policy-making during the pandemic has been proven false,“ reads the Kalahari suit. ”Defendants’ safety concerns regarding plaintiffs’ businesses are speculative; however, the harm to plaintiffs and their surrounding community is tangible, concrete, and ongoing.”
First Published June 5, 2020, 1:35 a.m.