11.05.05 GREAT NEWS!
THE AMUSEMENT LAW UPDATE HAS MOVED TO ITS NEW WEBSITE AT WWW.THEMELAW.COM
PLEASE RESET YOUR BOOKMARKS OR LINKS TO THIS NEW DESTINATION FOR WWW.THEMELAW.COM
THANKS!
11.04.05 It's Getting Real Close...Register!
After all, at current count, there are over 7 different sessions addressing legal issues...
11.03.05
This interesting position paper from the AMOA discusses how iPods might become a legal issue for some amusement facilities in terms of intellectual property problems. Definitely worth reading.
By the way, here's a general overview of the Amusement & Music Operations Association and governmental relations issues.
Lastly, The Update is working on compiling a master list of all amusement and recreation industry conferences and conventions that include educational sessions with at least one session covering legal issues. Here's an early list: IAAPA Expo; WWA Convention; FunExpo, IFEA Convention; RSA Convention.
We're certain that these are not the only ones so please contact us at cemerson@faulkner.edu with additions.
11.02.05
Here's a link to my article in this month's Funworld Magazine profiling the latest generation of thrill rides in the waterpark industry, including this one and this one.
11.01.05
In addition to the Amusement Law Symposium, I'll be presenting at the IIPGA workshop session at the upcoming IAAPA Attractions Expo discussing preventative legal strategies for inflatable attractions. The session is on Thursday, November 17th in Room B302 of the World Congress Center. Part of the presentation will be based on this recent article of mine.
10.31.05
Well, here's the Sizzler-related article from the Worcester Telegram that we commented for. Overall, a pretty good story.
Also, here are some comments by Bill Childs, whose was also interviewed for the story.
10.28.05
Just spoke with a reporter at this paper who is doing an investigative report for Sunday's edition on the Sizzler attraction and whether increased investigation and regulation is necessary.
As always, you never know how things will be written, but here were my main points:
1. When looking at the safety of an amusement attraction, you must consider not just the number of incidents but also the number of overall riders. Thus, an attraction that has had eight incidents during the course of 2 million riders might well be safer than an attraction that has had only two incidents but also only 50,000 riders. In other words, focusing on the number of incidents alone only tells half the story--if that.
2. It has apparently been suggested that, because the Sizzler is a spinning attraction that has had several incidents, then other similar spinning attractions should also be investigated. This of course is very skewered logic (if it can be called logic at all). Consider this: if a Honda Accord were to develop a steering column problem that leads to several accidents (which, by the way, I have no reason to believe that it has), does that mean that all similar vehicles in its class should also be investigated? All Camrys? All Honda Civics?
The answer is obviously no, that is of course unless they have the same steering column. In the case of the Sizzler, unless another attraction has the same mechanical or engineering configuration, then its completely ridiculous to try to analogize another different attraction as potentially being subject to a similar incident merely upon the fact that some rides also "spin".
Anyhow, we'll see how it plays out and will post a copy of the article next week if its available.
By the way, Bill Childs has posted some related documents here.
10.27.05
Here's an update from Greg Van Gompel concerning apparent criminal charges against an English roller coaster operator and a maintenance electrician arising out a death on the coaster. We're certainly not an English law experts (or frankly even novices), so when it means that someone has been found guilty of "misadventure" we can only guess that it's worse than it sounds.
Also, make sure and check out the latest entires over at IAAPA's Governmental Relations Legislative Action Center, including the September version of the Regulatory Tracking Report.
They've also posted the official IAAPA Comments on the recent ADA guidelines.
10.26.05 The Little Less Common Legal Round-up: Quick Looks at Somewhat Strange Amusement Law Happenings...
1. Here's an example of amusement law becoming a political campaign issue as one challenger in a local legislative race apparently advocates privatizing the county-owned Playland park at least in part because of the recent incident on the Ye Olde Mill ride. Apparently though, that route has been tried before...quite unsuccessfully it appears.
2. Let's hope that this amusement facility owner doesn't have the title of his amusement park in the same name as his other properties. Might this be an issue for smaller, family-owned facilities that you represent? Like the old adage says: "Personally-owned, Personally-liable"
3. The legal perils over personal zoos...and the good samaritan zoo that was just trying to help out.
4. From the festivals front: here's one example of why to carefully develop a pro forma for and insure aggressively planned new festivals.
5. And, finally, congratulations to Gulfport, Mississippi's Marine Life Oceanarium as its about to become one of the first reconstruction projects arising from the damage caused by Hurricane Katrina
10.25.05
While only tangentially law-related, my latest amusement industry magazine article is now up at Brandweek Magazine--this time taking a closer look at the Disney World/General Motors corporate partnership. As always, any feedback is welcomed and appreciated at cemerson@faulkner.edu.
10.24.05
Unfortunately, the switch-over to Liquid Matrix for The Update has been delayed until November 4th but, don't worry, we'll keep blogging away under the existing set-up until then.
And, today, The Update presents a little "whet your appetite for the upcoming Amusement Law Symposium" edition with this excerpt from Bill Childs' Criminal Prosecutions in the Amusement Industry white paper.
This brief excerpt demonstrates the type of great research that the Symposium publication will end up providing for attendees. If you need more info about how to register, contact Chad Emerson at 334.386.7536 or cemerson@faulkner.edu.
10.19.05 A Potluck of Museum Legal Updates
This article discusses an interesting union-related lawsuit that one Alaska museum is now facing. A great example of advising clients on the front end the importance of measured statements.
Also, on the museum front, this article discusses one legal challenge that can arise in the context of fundraising campaigns. The ole' dreaded "shakedown artist" museum board cartel...
Finally, here's a recent lawsuit involving an alleged "constructive dismissal" dating back to 2001 by a museum employee against here former museum employers--interesting only because it appears to be one of the most convulted constructive dismissal claims that we've seen in quite awhile. Yet still, the legal bills are sure to grow quickly in a dispute like this.
10.18.05
As promised, here is the most recent agenda for the IAAPA/IALDA/Jones School of Law Amusement Law and Symposium.
Also, it appears that the CPSC has recently posted its 2005 report on amusement park injuries. Rideaccidents.com has a synopsis of the report. We'll post our own review of the findings later.
10.17.05
Okay, The Update is back from much traveling the last two weeks and looks forward to several weeks of uninterrupted Updates as IAAPA Atlanta 2005 and the first Amusement Law Symposium are coming up soon.
To start the week off, here's a recent Update from Greg Van Gompel (who incidentally is also one of the symposium participants on the issue of ADA compliance by amusement facilities):
Seems like last
week was a bad week for Wade Shows. A roller coaster it had at the Alabama
National Fair was the subject of a lawsuit filed, while Wade had problems
getting its rides to pass North Carolina inspections.
One sure way to quiet your neighbors is to have the government pass a law
that says you can't be sued for noise complaints. Another way is to have
the court rule in your favor as long as you meet decibel levels.
Finally, Kennywood sues the borough of West Mifflin for unfair tax collections.
And, here's a link to several articles included in Greg's update.
We'll be back soon with the Symposium agenda and registration details.
10.12.05
Today we finish up our Updates regarding information we ran across while at the recent WWA Convention. First, here's an interesting article regarding legal risks faced by waterparks. And, second, here's information that we received back from the United States Department of Labor in response to our FOIA request related to the recent Fact Sheet #60 that limits the lifeguarding roles of 15 year olds.
This evening we're off to participate in the Mississippi Renewal Forum mega-charrette so there will not be any Updating until next Monday. See you then!
10.11.05
As promised, here's a rundown of some legal and legislative happenings we ran across while at the WWA Convention and Symposium:
1. Click here to learn more about the Healthy Pools Partnership between the CDC and several industry groups. The partnership plans on providing guidance for preventative strategies that might help avoid pool infections and injuries.
2. According to Recreation Management magazine, new aquatic safety standards were recently released by the International Aquatic Foundation. These voluntary regs focus primarily on waterpark pools and rides while being applicable to both new and rehab construction.
3. And, while not specifically related to water issues, the CDC has also established a new searchable database where users can track state legislation regarding physical activity and nutrition issues.
Okay, that's all for now. On Wednesday we'll be back with some new articles and documents focusing on pending waterpark legal issues.
10.10.05
The Update is back from the World Waterpark Association 25th Anniversary convention and has a ton of water leisure facility Updates ready to go. We'll post a major Update on Tuesday morning concerning some very important legal issues involving water-based amusements.
Until then, here is the Risk List powerpoint presentation we gave at WWA. We welcome the opportunity to conduct similar presenations for other companies, associations, or the like. Also, feel free to use either presentation for any non-commerical use as needed, crediting Professor Chad Emerson, Faulkner University's Jones School of Law.
And, finally, today kudos to the entire WWA staff for an excellent convention. Very well run with one of the best educational session schedules we've seen.
Also, kudos to IALDA attorneys Michael Amaro and Gaylee Gillim for an excellent presentations on other legal issues facing waterparks. We highly recommend contacting either of them to get a copy of the materials if you weren't able to attend their session.
That's it for now. Look for the major Update in the morning.
10.03.05
Well, The Update will be out of pocket a bit over the next two weeks so Updates will be a little less regular. I'll be speaking at the World Waterpark Association, the SmartCode Workshop, participating in the Mississippi Gulf Coast Renewal Charrette, and attending the Disney World Holiday Celebration Preview Press Event so, needless to say, until we can start updating The Update remotely, we'll be a little sparse in our entries over the next week or so.
Fortuanately though, it looks like we'll have all the new software in place by October 21st so, starting then we'll have Updates 7 days a week (up from the regularly scheduled 5)
Until then, thanks for everyone's patience and participation. We just crossed the 20,000 visit mark and are growing fast. That's a credit to the entire industry!
Chad.
p.s. Here's an interesting article from Greg Van Gompel on how a judge has refused to dismiss Westchester County as a defendant in the lawsuit arising from the 2004 incident.
9.28.05 Update
Good news for IP attorneys in the amusement industry. This presentation at the upcoming World Waterpark Association convention will focus in on intellectual property issues facing waterparks--and, in doing so, will likely be analogous to many of the IP issues facing other types of amusement facilities.
9.28.05
This article takes a somewhat humorous look at a very real legal issue facing today's amusement facilities--namely, their potential as terrorism targets (in this case, waterparks and mini-golf venues).
While it might seem like an unlikely risk (and is frankly a sad commentary on the state of things these days), amusement facilities should nevertheless seriously consider engaging in legal, security, and insurance planning for this possibility.
9.27.05
Several persons have asked, so here they are: this link is to a copy of the recent IFEA convention powerpoint presentation that I gave on preventative legal strategies. And, here's a copy of my powerpoint presentation on state amusement regulations from last year's IAAPA Orlando convention.
We welcome the opportunity to conduct similar presenations for other companies, associations, or the like. Also, feel free to use either presentation for any non-commerical use as needed, crediting Professor Chad Emerson, Faulkner University's Jones School of Law.
I hope they help!
9.26.05 Changes in Amusement Taxes?
This article and this article describe more efforts by municipalities in Pennsylvania to pass increased "amusement taxes". Looks like its a possibility in Chicago too. Even, Guam looks to be getting in on the trend.
Although, admittedly, some places do appear to be considering amusement tax cuts instead.
9.22.05
Here's a copy of my latest legal issues article from this month's Tourist Attractions and Parks magazine. It focuses on some preventative legal strategies for inflatables--one of the fastest growing segments of the amusement and leisure industry.
Also, we're in preliminary talks with trying to organize a lunch or dinner meeting between inflatables operators and manufacturers and industry counsel during November's IAAPA Attractions Expo. We'll keep you updated as we get closer. In the meantime, if you'd be interested in participating, please contact us at cemerson@faulkner.edu.
9.21.05
Rideaccidents.com is reporting on several instances where legal issues have arisen involving alleged conduct by ex-convicts working at mobile parks and carnivals. Obviously, any employee who commits a crime(s) while working for an amusement facility is problematic. But, the situation is especially exacerbated when that employee (or in some cases even an independent contractor) with a criminal record commits the crime(s) considering that most states have some version of common law negligence hiring or entrustment civil action.
Yes, background checks can take time and cost resources, but these instances only further demonstrate the need for amusement facilities (especially those marketed to minors and children) to conduct background checks on employees and, in many instances, contractors and vendors too.
Doing so in the long run will likely be both a wise preventative legal investment and, most importantly, a wise guest safety investment as this is clearly the troubling type of scenario you want to avoid.
9.20.05
This story discusses how Kennywood is threatening legal action against its local government over the alleged "selective enforcement" of tax provisions. Sounds good on paper but there's always a ton of challenges when suing a government.
And, The Update ran across this interesting sounding Department of Homeland Security program while we were recently preparing our "Preventative Legal Strategies for Festivals & Events" presentation. Sounds like it could be a valuable resource for parks on the preventative side of things. We wonder if doing so qualifies an amusement facility for any type of insurance breaks or the like?
9.19.05
First off, congratulations to IFEA for an excellent convention last week. Everything was incredibly well-coordinated and thoughtfully planned. Kudos!
For today's Update, here's some interesting information from IALDA attorney Lary Zucker on liability issues for sports facilities. And, here's the case he refers to. Plus, an interesting Sports Law Blog entry from last year providing some addtional background information to the case.
And, lastly, here's an update from Greg Van Gompel regarding the class action lawsuit in New York related to waterparks that we recently reported on.
9.14.05
Off to the IFEA convention today so that means we won't have an Update tomorrow but will be back on Friday. So, today you get an extra dose of Updates...
1. AmusementBusiness.com is reporting on a "major new player" entering the Six Flags takeover fight in this story. They also are reporting that Six Flags will be closing its AstroWorld park in Houston because, basically, the land is now simply to valuable to use for an amusement park anymore.
2. MassTort.org has some new information posted regarding the Ye Olde Mill accident that has now resulted in a lawsuit for the Rye-based park. And, they also have some details about a recent incident involving the Cyclone attraction at Coney Island. While I'm sure there will be some type of lawsuit for something, it sounds like the safety mechanism worked like it was supposed to when it encounters a "misaligned" track.
3. Elsewhere, here's an interesting example of how intellectual property rights can end up forcing major changes for amusment facilities and festivals. The power of the Biscuit extraordinaire...
4. And, in this interview, the Louisana State Treasurer reports that both the New Orleans Aquarium of the Americas and the Audobon zoo are intact. Unfortunately, the same cannot be said for the Six Flags park in New Orleans:
9.12.05
This week we'll be presenting at the International Festivals & Events Association Convention on preventative legal strategies. Which got us to thinking that maybe it would be worth posting a list of upcoming amusement and leisure industry group conventions and meetings during this always busy fall season. So, here goes:
• International Festivals & Events Association (IFEA) September 12-16, 2005 in San Antonio, Texas at the Marriott San Antonio Rivercenter
• FunExpo (combined IALEI, AMOA, AAMA event) September 11-16, 2005 in Las Vegas, Nevada at the Las Vegas Convention Center
• World Waterpark Association (WWA) October 3 - 7, 2005 in Las Vegas, Nevada at the Mandalay Bay Conference Center, Mandalay Bay Resort
• International Association of Amusement Parks and Attractions (IAAPA) November 14-19, 2005 in Atlanta, Georgia at the Georgia World Congress Center
• International Association of Fairs and Expos (IAFE) Nov. 28-Dec. 1, 2005 in Las Vegas, Nevada at the Paris Hotel
•
AIMS International January 16-20,
2006 in Irving, Texas at the Harvey Hotel & Convention Center
NOTE: all of these conventions and meetings have various sessions involving legal and/or legislative issues.
If you know of a conference or convention that we've omitted, please bring it to our attention so we can add it to the master list by emailing us at cemerson@faulkner.edu.
9.09.05
Following up on yesterday's Update, below are the most recent yearly Florida reports regarding their inspection arrangement and conclusions concerning the larger Florida parks:
Have a good weekend and we'll see you Monday as we head into the IFEA Convention Week.
9.08.05
With some recent talk about whether Florida's law exempting certain large amusement facilities from certain state inspections is effective or not, The Update decided to obtain some of the relevant state documents and let the actual documents (and the conclusions of the Florida state officials contained in those documents) speak for themselves. So, over the next several days, we'll be posting various State of Florida reports regarding the inspection arrangement the State has with Universal Orlando, Walt Disney World, Busch Gardens, and Sea World. Here's the first batch:
1. Memorandum of Understanding and Amended Memorandum of Understanding Between Florida and the Parks
2. 1999 State of Florida Report
3. 2000 State of Florida Report
4. 2001 State of Florida Report
We'll post various other reports (including the most recent State of Florida reports) over the next several days so check back regularly.
9.07.05 Quick Hit Updates...
• ETC (the maker of the ride mechanism for Disney World's Mission:Space--and involved in a lawsuit about that very attraction) recently settled this lawsuit filed by an investment bank for 900+ thousand dollars it claims ETC failed to pay it. Hmm...
• And, speaking of Disney, add rabidly behaving parking lot paparazzi to the list of previously unlikely legal threats that probably now warrants the attention of amusement facilities. Or maybe not.
• The City of Fort Worth, Texas certainly benefited from statutory damage caps in this recently settled case involving a drowning incident at its waterpark.
• And, lastly, it looks like a nasty lawsuit is brewing over a "massive parasitic outbreak" at a New York state park water play facilitiy.
9.06.05
Just back from a long Labor Day weekend and an excellent time at the Walt Disney World Resort. We'll be adding new Updates frequently this week so check back often. To start us off, one thing we noticed this weekend while at Disney World is Disney's new Ticket Tag system where each ticket is tied to a biometric fingerprint reading for each guest. Here's a good FAQ on the new system.
If it sounds very Buck Rogerish that shouldn't be a surprise because it is--in a very cool way. And, most importantly, the technology worked wonderfully during our visit. Still, one interesting question came up.
While the technology is designed to prevent what is essentially a black market for resold Disney tickets in Orlando, one person perceptively asked, "So, does Disney store our fingerprint as part of their demographic database? If so, for how long? And, do they share it with anyone else?"
Obviously, while an excellent tool for weeding out illegal tickets, it's not hard to imagine how it also could be a touchy privacy subject for some. That being said, none of the materials we could find on Ticket Tag indicated how the guest fingerprint information is kept...protected...or even shared (if at all). Clearly, if you represent a facility considering a similar technology, then you should carefully review its privacy policies and disclosures.
8.31.05
The Update will be out of town for the long Labor Day weekend and will return next Tuesday with some new featured Updates (and hopefully the new website design that we are continuing to work on). Until then, here's an interesting story (albeit a little late) on how the Orlando area Holy Land Experience recently prevailed in its legal efforts seeking classification as a non-profit--at least for property tax purposes.
Interestingly though, we've heard rumors that the current company chief will be resigning soon. If anyone has confirmation, please let us know.
Also, in addition to the recent Six Flags takeover attempt by one of its major shareholders (Daniel Snyder who is also owner of the NFL's Washington Redskins), it looks like another industry leader, this time concessionaire extraordinaire Centerplate, is facing a takeover attempt. While it has spurned the original offer by a large capital management firm, don't be surprised to see this one result in some legal wranglings by the time everything is said and done. Here's the real kicker (pun only slightly intended), in a somewhat strange coincidence, Centerplate also happens to be the concessionaire for the Redskins.
Finally, with a much less conspiracy-ish bent, here is a recent article from IIPGA on inflatables that contains some good advice on one way to avoid some potential legal problems.
Have a safe weekend and don't forget our friends in New Orleans, including respected industry attorney Joe Hassinger.
8.30.05
The Update was recently browsing the web for interesting amusement and safety law information and discovered that the New Jersey Amusement Association has developed this helpful page with links (although a few aren't working right now) to a variety of industry websites dealing with safety law, legislation, and regulation (under the right hand side of the page heading Safety & Legislation). We recommend checking it out as future resource.
Also, The Update was recently given a heads up on this Theme Park City blog that, in addition to general industry news, also occasionally reports on legislation and lawsuits in the industry.
Well, that's all for now. Have a safe day!
8.29.05
Well, the law school is about to close down for the day as a hurricane precaution, so here's a quick summary of some updates by Greg Van Gompel on a settlement in the Hawk case, an important new development in the Kentucky Kingdom defamation case, and a new finding in the Ye Old Mill case.
As always, thanks to Greg for the information. Enjoy and we'll hopefully be back soon with a post-Katrina update...
8.25.05
Looks like some transactional attorneys are about to have a busy few months with Six Flags announcing that its up for sale--via auction no less. Details here.
8.24.05
I've just agreed to present at the upcoming World Waterpark Association convention in October in Las Vegas and have now finalized the topic. The presentation is entitled:
The Risk List: Developing a Preventative Legal Liability Plan
Here's a short description of the presentation:
This multimedia presentation will introduce the concept of developing a Risk List to help waterparks avoid the sometimes obvious and the sometimes hidden legal risks facing their operation. Attendees will leave with a how-to outline for developing their own Risk List and, hopefully, preventing some legal problems before they ever occur.
If anyone will be at the convention and would be interested in participating as part of a panel during this session, please contact me at cemerson@faulkner.edu. The session will be on Wednesday, October 5th from 9.45am to 10.45am. It promises be a very interesting event.
8.23.05
With the inaugural Amusement Law Symposium and Workshop coming up soon, we thought that we'd periodically highlight the symposium topics beforehand. The first topic is entitled Pre-Event Waivers and Releases: A Comparative Review of Current State Laws, including the Emerging Use of Modern Technology and will be presented by Joseph Brownlee, current president of IALDA (which, by the way, is in the process of revamping its website with some impressive visuals) and Michael Amaro the incoming president of IALDA.
This presentation, and resulting white paper, will examine how states are treating the legal enforceability of amusement facilities' use of waivers and releases, including a focus on the growing area of electronic waivers that are now sometimes included as part of the click-wrap agreement used for the purchase of admission media on-line.
This issue is especially timely as, just recently, the use of on-line ticketing has increased as the result of new technology and partnerships by vendors such as LeisureTickets.com and a Cygnus (which recently announced new eticket agreements with several Paramount and Wild Adventure parks).
Obviously, it's not hard to imagine a time soon when many parks use on-line ticketing almost exclusively. Learning what can and cannot be included in these type agreements will be a key strategy in protecting your facility.
Joe and Michael's presentation promises to be an important resource on that precise issue.
8.22.05
After some technical difficulties, The Update is back today and we'll have some interesting new Updates later this afternoon. Thanks for your patience!
...okay, as we get back up to speed, here's some interesting new information from Greg Van Gompel regarding a new Knott's Berry lawsuit and new California workplace regs that will affect amusement parks there.
Also, IAAPA now has their educational schedule up for this year's Attractions Expo in Atlanta. Here's a direct link to the Amusement Law Symposium--the very ever of its kind and one that draws on the expertise of the nation's leading amusement and leisure law practitioners. The Update will be there in full force and we hope to see you too!
8.16.05
Here's a copy of the complaint filed against Dollywood regarding an alleged brain injury involving the Blazing Fury ride (btw: I've ridden this ride many times and simply can't fathom how this ride--of all rides--could induce a brain injury, or for that matter if rides even cause such a thing). Needless to say, plaintiff's claim that Dollywood failed to warn of the potential of brain injuries from this ride is not something likely to make its way onto warning signs any time soon.
And, thanks to Greg Van Gompel from this information regarding the incident and the Blazing Fury attraction.
8.15.05
If the need to fully educate the general public on amusement law issues wasn't apparent before, then this recent Southern Living article on amusement safety demonstrates why. The article (basically a profile of amusement industry consultant Richard McClary) discusses his effort at obtaining a national regulatory system. In addition to his claim that a "national identifying plaque or seal" is "in the committee stage" (the article fails to identify what committee he's referencing), the article contains this completely erroneous quote attributed to Mr. McClary (we can only assume that he was misquoted or it was taken out of context):
"Richard advises the same caution for permanent theme parks 'Most are exempt from state inspections,' he notes."
Most fixed-site amusement parks are exempt from state inspections? Really?
In reality, the number of fixed-site amusement parks exempt for any form of state inspections is less than 5% nationwide. Several in Florida. Several in Texas. Several in the few states without existing state regulations. And that's it.
The article makes it sound like, well, that most permanent parks are not regulated...and that is simply false. Hopefully our letter to editor correcting this factual error will make it into the next edition.
8.12.05
As we mentioned earlier, IAAPA's Governmental Relations team has posted the first Government Relations Action Alert. Overall, this resource replaces the monthly Government Tracking Center report and, after testing it out for awhile this morning, it definitely has the potential to be a great tool for amusement law and government relations practitioners.
Some of the new features we like best are the easy links for communicating with elected officials at both the state and federal level. This can end up saving alot of time locating this contact info in the various different places that, until now, were scattered throughout the Internet.
Also, the Current Legislation section is easy to navigate, up-to-date, and covers both state and federal legislation (although it currently only has state legislation for Arkansas and Arizona).
The only section that doesn't seem to reach its full potential is the Key Votes section that incorporates all key Congressional votes rather than just amusement and leisure industry-related ones. This causes a bit too much clutter and makes finding actual amusement-related votes a little cumbersome.
Overall though, the resource is a "must bookmark" source of amusement and leisure industry law and GR news--with its frequent cross hyper-linking and search boxes being very helpful navigational tools for getting to the information you need as efficiently as possible.
Kudos to Randy Davis and Corey Connors (and all others who worked on the project) at IAAPA for a great new addition to the industry!
8.11.05
(photo of the Ye Old Mill dark ride)
A few Updates from yesterday's report...first, Bill Childs passed along information that the park where the young child died on the dark ride has now added new signage in response to that incident. Also, here is an article reporting how the preliminary inspection report did not find any mechanical failure with the Ye Old Mill (a so-called "tunnel of love" ride) in question that also happens to be on the National Historical Register.
At least a few amusement industry commentators are suggesting that neither the parent nor the ride owners should have allowed the boy onto the ride himself. Our understanding, though, is that the boy met the height restriction limit and that the ride has been inspected and approved by state regulators.
Lastly, this editorial includes a finding last year by a safety inspector that "there is very good warning signage in the ride vehicles on Ye Old Mill."
8.10.05
Greg Van Gompel forwarded us this article about an incident where a young child mysteriously died while apparently riding a dark ride alone. Obviously, this is another example of why facilities should undertake comprehensive evaluations of their warning signage and rider rules in order to best guard against potential incidents and the liability they oftentimes result in.
Also the IAAPA Government Relations Action Alert recently premiered. So far, we've only briefly browsed it but it looks like a great resource. We'll post a detailed review later this week.
8.09.05
This month's Amusement Business has an interesting article discussing a growing dispute between some fairground operators regarding whether off-duty police should be allowed to carry their weapons into the fairgrounds. Apparently, the fair operators are concerned that an incident could occur if their security force were to encounter an armed off-duty officer--without realizing they were a law enforcement officer. Also, there is concern about the potential for the off-duty officer's weapon discharging if it were to become dislodged while on a ride (such as a ride that goes upside down or drops at high speeds).
The question we have is whether this is also an issue for non-officer's whose states allow concealed weapon permits?
Amusement Business is also reporting that the new Cypress Gardens ownership is suing its insurance carrier over disputes relating to coverage from recent hurricane damage. According to the article:
"The dispute centers on how much coverage the park has for replacement costs, according to the newspaper, and also questions why Landmark is treating damages as three separate claims in calculating deductibles, but not in setting its overall liability limit."
Lastly,
it
looks like problems may be brewing between Disney and Intamin
over the recent California
Screamin' roller coaster incident at Disney's California Adventure park.
This should definitely be an interesting one to follow...
8.08.05
Here's an article summarizing several different viewpoints regarding the recent series of incidents at Walt Disney World. One interesting question that the article proposes is to what extent did the hot and humid Central Florida weather?
Which in turn leads to a different potential legal issue, namely, to what extent should parks in hot climates warn their guests of the challenges posed by this type heat and some ways to protect against it. While we personally don't think there is a legal duty to warn about heat and its effects on the body, nevertheless doing so in some formalized way would likely be a good preventative legal liability strategy to consider, especially for those parks who know that many of their guests come from places where this type of heat does not normally exist.
And, here's an interesting article from Oregon discussing how legislation has been introduced that would "put the fair, as well as the state fairgrounds, under the control of the state Department of Parks and Recreation."
8.05.05
Okay, so they're not technically amusement law related. Nevertheless, here are my two articles in this month's Tourist Attractions & Parks magazine. This one on Disney World's entertainment-driven food & beverage program and this one on the recent Disney World press event.
See everyone Monday as The Update returns to its regularly scheduled amusement law content...
8.04.05
We normally feature legal happenings in the zoo and aquarium world on Thursdays but The Update recently ran across this interesting website featuring legal articles for the coin-op and gaming segments of the industry. Several of the articles are very interesting and it appears that all of them have been written by attorneys. If you work in the coin-op or gaming industry, we recommend bookmarking this resource.
Also, several readers have asked about the Seton Hall Legislative Journal law review article that I wrote opposing efforts to federalize the safety regulation of fixed-site parks and, more specifically, where you can download the article for free. Here you go...
8.03.05 Waterpark Wedneday
This article discusses a recent incident in which two guests were pulled into a water intake valve and, ahem, shall we say...stuck. Obviously, the issue is serious (and, therefore, warrants, a broader review) but also only slightly Seinfeld-ish to visualize the actual incident in your mind's eye..
8.02.05
The Internationl Festivals & Events Association convention schedule is now available on-line. You can find my session on Thursday, September 13th at 10.15am. If you're at the convention, please stop by and let me know that you heard about the presentation here at The Update.
8.01.05
A few quite updates just before I head over to Mississippi this afternoon to give a presentation to an area City Council on the SmartCode (yes, indeed, The Update does do more than just Amusement & Leisure law).
1. The July Carousel of Capitols is now available on-line. Here's the excerpt from the IAAPA website:
The July 2005 edition of IAAPA's Carousel of Capitals government relations newsletter is now available. Focusing on public policy issues within the amusement industry, this edition's headlines include New GR Tool Coming to IAAPA Website; Future Impact of California Ride Safety Ruling Unknown; India's Amusement Industry Talks to Natl. Government; and Colombian Ride Safety Standard Under Development.
2. Here's a couple of interesting articles from Greg Van Gompel regarding a new ADA lawsuit facing Busch Gardens. Apparently, the ride in question is a rollercoaster which suspends guests...and, in doing so, leaves their legs dangling. The ride, Montu, also involves inverted loops, hairpin turns, and high speeds.
Frankly, it sounds like just the type of attraction that someone with a prosthetic limb could cause serious injuries to others if the limb (in this case a leg) came loose (as opposed to a so-called "floored" coaster in which a detached prosthetic would be much less likely to be expelled from the ride and become a potentially very dangerous projectile).
Here's an alternative approach someone suggested: I wonder if the plaintiff would have been just as incensed had Busch required him to execute an indeminity agreement before riding this ride?
7.29.05
In a somewhat unique turn of events, we were recently forwarded this interesting story where a ride inspector was apparently sued by the park operator for which he was doing inspections. MassTort.org also has a copy of the original complaint in this strange story of alleged extortion, deception, and about anything else that a good episdoe of "As the World Turns" might include.
Apparently, the lawsuit ended up settling, but the whole story is definitely worth a read. Even more interesting is that the inspector who was sued, Ken Martin, and the attorney who represented the plaintiff, R.Wayne Pierce, are currently both members of the amusement industry safety inspection organization NAARSO.
7.28.05
Zoo Thursday...
As many of you who represent zoos (and parks that include zoos, especially petting zoos) have noted, E.Coli and other "germ lawsuits" are an increasing issue. Here's a website operated by a plaintiff's firm that specializes in these germ lawsuits (I know, I know...who would have believed there was such a firm, right?) that includes many accounts of germ suits and the amusement facility. If you are defending these type suits, its definitely worth taking a look at what the other side is saying these days...
Also, here is a recent ITPS blog seemingly suggesting that there could be some stockholder legal issues facing Six Flags (note though, The Update has asked around and nothing appears to been untoward in what is being described). Nevertheless, we're certainly not corporate lawyers but The Update still understands that in today's legal world of increasing shareholder derivative suits, amusement parks and facilities owned by public companies need to be especially aware of these type problems as the amusement industry almost always makes an appealing legal target.
7.27.05
The criminal side of the Pigeon Forge matter looks to be reaching a close with Charles Martin receiving to 200 hours of community service and 4 years probation, but no jail time. This article provides some additional details while the local Knoxville paper is reporting that a settlement in at least part of the civil lawsuit may be imminent.
Waterpark Wednesday
We've sent off a FOIA request to the Department of Labor regarding Fact Sheet #60 and lifeguards but have yet to receive anything back. We'll keep you posted when we get a response.
In the meantime, here's an interesting article about how some waterparks are hiring outside companies to conduct covert audits of their lifeguard's conduct. Sounds like an effective idea although we could see an issue arising about whether the employees (and possibly even guests) should be notified that video surveillance could be ongoing.
7.26.05
Lots of busy things going on in the amusement and leisure law world these days, so let's get started. First, the Industry Organization Highlight for the week is the International Festival & Events Association. Here's an excerpt regarding the mission of the IFEA:
From small, localized celebrations to mega-events with global outreach, festivals & events bring hope and joy that burns bright among those who attend. In fact, events have brought more people together, peacefully, than any other world entity or profession, creating memories, milestones and magic around the world.
Growing and responding in tandem with this changing and dynamic industry, the IFEA has distinguished itself as "The Premiere Professional Association Supporting Festival and Event Leaders Worldwide" . While respectively much younger than the industry itself, the IFEA will celebrate 50 years of event leadership in 2005. From small beginnings to simply share ideas, today the IFEA officially represents members in 38 countries on 5 continents, under the umbrellas of IFEA North America; IFEA Europe; IFEA Asia; IFEA Australia; and IFEA Africa/Middle East.
Similar to IAAPA, the IFEA does not exclusively focus on a single market segment of the larger amusement and leisure industry but instead includes members ranging from small inflatables operators up to large theme parks like Disney.
Their big 50th anniversary convention is coming up September 12-16 in San Antonio. We're grateful to have been asked to present at the convention on the topic of "Preventative Legal Strategies for Festivals & Events". The presentation is tentatively scheduled for Friday, September 16th at 10.30am. If you'll be in the area we'd love for you to stop by.
Also, Bill Childs has some new and interesting documents posted related to the Superman accident.
He also takes an opposing view that on-ride photo systems might be more helpful than harmful for ride operators. From a strictly evidentiary perspective, he might be statistically right, but I still suspect that for every example of rider misconduct captured on tape, an image of an injured, unconcious rider might outweigh--both PR-wise and possibly jury-wise--the benefits.
Of course, the big variable is how much revenue that these photo systems generate--and, more specifically, whether that amount might outweigh the potential risks. To date, I haven't seen how profitable these systems are, although it might be relevant that the Walt Disney World Resort has not added these systems to several of its most recent new attractions.
Finally, here is a thought-provoking editorial regarding the new background check requirements in Massachusetts. We can see both sides of the issue and suspect that this is one of the instances where bad facts end up making potentially bad law.
7.25.05
Well, The Update is back from the beach (including a visit to a wonderful FEC on Hilton Head Island) and ready to get going. For a start, here's yet another excellent legal update from Greg Van Gompel.
Also, here's a news article reporting on the early effects of the DOL re-interpretation of the lifeguard rules for minors as reported in the 7.14.05 Update. Coincidentally, I'm teaching Administrative Law this summer and we just covered formal/informal rulemaking vs. interpretative opinions. It appears that the Department of Labor is treating this as simply an interpretative change as opposed to a rule-making--thus relieving it from a variety of notice obligations. If that's the case, the issue appears ripe for judicial review as the effects of this decision certainly raise serious questions about whether it really is a newly-promulgated rule dressed up as something called a Fact Sheet.
We'll hopefully be getting comment from DOL soon in response to our FOIA request.
7.15.05
The Update is headed to a conference at the beach for a week and Mrs. Update has made it very clear that there shall be no Updating during this time. So, we'll be gone next week but rest assured, we'll still be gathering a whole load of new information as several important amusement and leisure law issues will be heading The Update so on...
In the meantime, here's an article about an aquarium that recently set a new record ...unfortunately, we suspect that their lawyers will have some explaining to do.
And, here's another interesting update from Greg Van Gompel on a recent waterpark lawsuit that might end up making some headlines soon.
Finally, if you have access to westlaw, the Loyola of Los Angeles Entertainment Law Review has an interesting article entitled EMERGING BUSINESS AND LEGAL ISSUES IN VIDEO GAMES in its latest issue. Here's a link. The citation is 25 Loy. L.A. Ent. L. Rev. 79.
We'll see a week from Monday with an exclusive update on the First IALDA/Jones School of Law Amusement Law Symposium this November at the IAAPA Attractions Expo...
7.14.05
Wow!
A busy Thursday morning at The Update today. First, here is a copy of the Orange County Sheriff's Incident Report regarding the Tower of Terror incident referenced in yesterday's Update. The officer's narrative is extremely thorough and, in reading it, a couple of thoughts came up. First, it sounds like the first Disney employee to respond to the mother and daughter was well-trained in offering water and to call a paramedic. This just reemphasizes the importance of cross-training your employees (including basic life support training for as many employees as possible).
Second, the report references the "ride photo" being included in the investigation record. Which brings up an interesting issue, that is, with an increasing number of amusement attractions adding these on-board photos, what might the legal significance of them be in the future? Obviously, they could be pretty damaging evidence if they ever demonstrated some type of liability generating conduct or event. That's not to say that happened at all in this matter, just that a serious cost-benefit and risk management analysis probably should be considered for these increasingly popular ride photos.
Important New Waterpark Regulatory News...
The Update has also received word from a waterpark industry source that the US Department of Labor has just issued a new Fact Sheet (a DOL Fact Sheet is not a newly promulgated rule but something more akin to an interpretive opinion) severely restricting how 15 year olds can be employed as lifeguards. Basically, the interpretation allows them to serve as lifeguards at traditional pools but not water amusement attractions that include water slides, wave pools, or other active components.
We've reviewed the Fact Sheet and, frankly, don't understand the reasoning of this interpretation. There is no evidence that The Update is aware of that makes helping guests out of the water at the bottom of a water slide (an act the new interpretation prohibits for 15 year olds) any more dangerous than lifeguarding at a traditional pool.
And, speaking of which, how might this affect the thousands and thousands of traditional pools that also have a waterslide--usually small in size and short in length. This interpretation appears to prohibit 15 year olds from lifeguarding at that type pool (curiously, it does allow 15 year olds to operate certain deep-frying machines at the snack stand ...something that sounds potentially much more dangerous than lifeguarding a water slide).
Anyhow, here is the World Waterpark Association alert on the new Fact Sheet which includes contact information for expressing your opposition to this new interpretation whose effect on the summer operation and staffing of waterparks could be very damaging.
7.13.05 Update
Here are the official statements from the Walt Disney World Resort regarding the recent incident where a 16 year old guest was taken to Celebration Hospital after riding the Tower of Terror attraction at the Disney-MGM Studios. We are still working on obtaining a copy of the county and state reports. If we are able to get an electronic copy, then we will post them here.
7.13.05 Waterpark Wednesday
I've just agreed to write an upcoming feature article on recent technological and theming advances in the waterpark industry and welcome any and all input from Update readers. While not necessarily legal in nature, it still should be a very interesting article as waterparks are one of the fast growing amusement/leisure industry segments in the country.
In terms of legal issues, as waterparks grow in popularity, the lifeguard per guest ratio is hard to keep up. Therefore, efficient preventative planning is a key supplemental tool for waterpark clients in mitigating potential guest injuries--and the often resulting legal liability. While this article relates specifically to residential pools, it also has some strong risk management suggestions that are equally applicable to waterparks.
Lastly, on the non-waterpark front, a reader recently forwarded this email to The Update:
Probe:
Ride didn't cause boy's death
July 7, 2005
Nine summers ago, an amusement park accident in central Indiana killed a
woman and paralyzed her granddaughter.
It led to a state law that set standards for fun rides and mandated inspections
of amusement park and carnival attractions.
Last weekend, inspectors looked into a Gary boy's death on a carnival ride
in Highland, Ind. Dakota Stevenson, 9, died Friday night when he tumbled
from a Wind Shear ride.
But unlike the earlier accident, inspectors determined the ride itself did
not cause the boy's death.
"They did not uncover any mechanical malfunction that could be connected
to that accident," official Pam Bright said Wednesday.
Presumably, the child must have somehow fallen out of the ride by his own action. Needless to say, this demonstrates the importance of contesting causation even when the case sounds ominous at first...
Update: Thanks to Greg Van Gompel for this additional update on this case where the parents of the deceased child have not retained counsel.
7.12.05
Good news. The Update (and all its files) survived Hurricane Dennis and will be back later today with a series of new updates. See you then.
7.12.05 Update
A couple of quick updates as The Update gets its sea legs back...First, thanks to Joe Hassigner for this update on inflatables in Louisiana where Governor Blanco has signed the bill lowering liability insurance requirements for inflatables from $1,000,000 to $300,000. Here is a copy of the Act.
Also, Corey Connors just sent word that the May/June version of IAAPA's always excellent Government Tracking Report is up. A quick look reveals several interesting new state bills as well as a federal bill seeking to require CPSC safety regulations for vending machines --presumably including those involving amusement activities. Essentially, the bill, if passed, would require the CPSC to promulgate a Section 7 safety standard within 180 days.
We've sent an email to the AAMA to see if they intend to take a position on this bill. Here's some additional information on the bill.
7.08.05
The FunExpo has just released the schedule for the FunExpo Academy sessions. The FunExpo is a leading yearly event for FECs (family entertainment centers) and coin-operated attractions, among others. The Update has yet to attend one but has always heard good reviews from other attendees.
Joe Brownlee is scheduled to be presenting on legal issues facing the amusement industry on Monday September 12th at 11.15am. Also, Wayne Pierce will be moderating the Legal Roundtable on Tuesday September 13th at 3.30pm. If you're at or near this year's FunExpo, we highly recommend taking the time to attend both of these presentations as both Joe and Wayne have extensive experience in the industry.
Also, CoasterBuzz has this article and this article on recent brawls at separate amusement facilities. When coupled with other recent brawls like this one (see the 2.15.05 Update) all facilities should probably, at the least, review their response procedures (yes, that means you need to have them in the first place in order to review them!!) to events like these with their counsel. And, will at it, your facility's admission procedures should be reviewed as its hard to imagine that over 100 gang members should be able to make it into an amusement park without raising some red flags...
7.07.05 Thursday Zoo & Museum Update with a General Update on the side...
As an increasing number of cities use new museums as a catalyst to reinvigorate downtowns and other areas, this story demonstrates why paying attention to the legal--and political--concerns of nearby residents is an important part of counseling your client. (Of course, even so, one might surmise that it really takes a grinch of a neighborhood to ban a children's museum...)
And, in the "Yes, We're Serious" file, we find this story out of Massachusetts explaining how the increasingly popular bar sport of sumo wrestling indeed constitutes an amusement which must receive a license in that commonwealth. While the topic just begs for a variety of pun-driven comments, the serious point in it all is that it is very important for amusement industry counsel to be well-versed in what activities require amusement licenses--no matter how arcane or absurd they might seem.
The Update has noticed several recent instances where sporting and other general leisure activities (such as card games, bathing suit competitions, and even video game tournaments) were deemed to fall within the requirements of an amusement/entertainment license.
7.06.05
Someone recently asked what amusement and leisure industry publications does The Update read?
Here's some of our favorites:
Tourist Attractions & Parks Magazine--Best Operational and Inside Looks at the Industry
Amusement Business--Best Production Value in a Tabloid Format--Great Statistics, Too
Theme Parks Magazine--Best Ride and Attraction Images
Amusement Today--Best Coverage of New Attractions especially at fixed-site parks.
We also enjoy reading IAAPA's Funworld Magazine and the WWA's World Waterpark Magazine (however, the WWA publication requires membership in order to subscribe to which can make it pretty expensive. Hopefully they'll consider offering a direct subscription option soon).
7.06.05 Waterpark Wednesday
Here's an interesting article on the existing lifeguard shortage exacerbated in part by an increasing number of state and local laws that require upwards of one lifeguard for every 4ooo square feet. Obviously, facilities need to keep track of any changes in local/state lifeguard staffing laws and avoid any temptation to use the shortage to hedge against the requirements. It could only take one incident for a facility to possibly face the dreaded negligence per se that some of these laws might carry with them.
7.05.05
We hope everyone had an excellent Independence Day!
Today, we're off with a couple of Updates:
1. Industry Organization Highlight Tuesday
As we mentioned last week, each Tuesday we'll highlight an amusement and leisure industry organization so that Update readers can hopefully get to know each industry segment better.
This week, we look at the World Waterpark Association. Headed by Rick Root, this is the only industry organization that we're aware of focusing entirely on waterparks. They also operate a consumer/guest-focused website in addition to their primary one.
One of the WWA's best offerings is its annual convention--this year in Las Vegas from October 3-7th. They also offer a monthly publication and some governmental relations information on their website; however, you must be a member to access any of it. Even with that restriction though, I've found that their office is very responsive to questions by both email and telephone so if you have a specific GR or legal issue involving waterparks, I highly recommend contacting them. And, they also have a good "press room" part of their website with helpful background facts and other statistics.
2. General Update
MassTort.org has a new story and some commentary on the new laws going into effect following the electrocution death last year an Ohio Fair.
Also, here's a new article discussing recent inflatable incidents and how the federal government is starting to take notice.
7.01.05 Update
Welcome everyone to the seventh month of the year and the peakest of peak parts of the amusement season. Today, The Update, courtesy of MassTort.org, brings you more discussions between Ed Pribonic and Craig Pittman (see 6.25.05 Update).
The gist of Mr. Pittman's argument (and the apparent argument of others in the news media) is that the Florida state law that exempts parks with over 1000 employees from state inspections and instead requires them to retain full-time safety inspectors somehow makes rides less safe. Presumably, he suggests this because of his belief that there might exist some sort of internal pressure on these safety inspectors to cut corners. Whatever merit it might have at first simply doesn't survive a logical analysis.
First, we've never read a single instance of a former internal safety inspector claiming such internal pressure so, despite being reported as nearly fact, its really only hypothetical speculation at best.
Even so, it still lacks logical heft. After all, these large amusement facilities are under huge amounts of pressure to avoid the incredibly bad P.R. that comes with accidents at these marquee parks. Heck, one google search after the Mission:Space accident quickly reveals the internal incentive for these large parks to operate as safely as possible. Because so many of the attractions are based on perceived perilous thrills but a reality of actual safety, its in the parks own self-interest to avoid accidents lest their guest simply go to another park that they deem safer--especially with the many alternative options in the Central Florida market.
To suggest that the larger parks will use the Florida law at issue to cut corners on safety ignores logical reality for an industry in which one's safety reputation is of the highest concern...and business asset.
Nevermind the fact that there is no empirical evidence to suggest that the Florida-employed inspectors are more credentialed or qualified than the large park-employed safety inspectors. Conspiracy theorists aside, the suggestion that the Florida law in question imperils guest safety is built upon, at best, layers of unsturdy speculation.
Then again, it does make for some good copy...
6.30.05 General Update
Michigan is considering legislation that would prohibit schools from starting their school year before Labor Day. Obviously, amusement facilities are one of the supporters of this bill for obvious reasons. In fact, this quote from the article is pretty interesting (if for no other reason than it reminds us of the Griswold's fate upon visiting Wally World)...
Camille Jourden-Mark, vice president and general manager of Michigan's Adventure, a Muskegon amusement park, said upset tourists have left notes at her theme park when they show up the week before Labor Day only to find the place closed.
She said school siphons off so many of her workers that the park has to close Monday through Thursday, before opening again on the Friday before Labor Day.
``It's like a terrible Wally World experience,'' she said.
Unfortunately, even if it passes, it's still too late to save the Boblo Island of The Update's youth...
Zoo & Museum Update
Here's an article about a brewing legal dispute in Chicago where a city alderman is preparing to introduce an ordinance that would require captive elephants to have at least 10 acres of room (5 inside and 5 outside). Apparently the ordinance is similar to the one that was passed in San Franciso (although that one required 15 acres of room) and now essentially bars elephant exhibits in that city.
Obviously, this could affect the ability of zoos (Lincoln Park Zoo in particular) and circuses in the area to exhibit elephants. No word yet on the likelihood of this ordinance gaining traction but it's nevertheless probably worth sharing your views of it with Alderman Mary Ann Smith.
6.29.05 Waterpark Wednesday
As referenced at the top of the page, each Wednesday we'll be adding a Waterpark Legal Update to The Update in general.
So, for the very first Waterpark Wednesday Update, here's a recent article discussing a service mark dispute faced by a waterpark in Rochester, New York. The gist of the complaint is that the new owners of the Roseland waterpark are improperly using the service mark "Roseland Waterpark" Here's an excerpt from the article:
The lawsuit accuses Fuller [the current owner of the waterpark] of "trading upon the good will created by the plaintiff" to achieve "unjust enrichment" through continued use of the Roseland name, which the suit claims is "the registered service mark of the plaintiff."
Indeed, the term "Roseland Waterpark" is registered with the United States Patent and Trademark Office. However, the owner is currently listed as:
REGISTRANT) Paradise Water Parks, Inc. CORPORATION NEW YORK 250 EASTERN BOULEVARD CANANDAIGUA NEW YORK 14424
It's unclear whether the plaintiff in this matter is the owner of this corporation, but if he's not, then they obviously have an incredibly difficult case to prove. They'll essentially need to either show that the USPTO has the wrong owner listed or that the list corporate owner has somehow falsely asserted ownership to the service mark. One thing I noted from the article that causes me pause about the plaintiff's suit is the fact that they apparently first filed it in state court despite the fact that litigation over federally-registered marks is a federal question for federal court. It could have been an innocent mistake, but I don't know many credible IP attorneys who'd make that simple of an error.
Anyhow, the important point of the newspaper article is that intellectual property rights can often be one of the legal issues that amusement and leisure facilities overlook in their overall legal planning process. Things like workplace realtions and guest safety issues are certainly very important and, therefore, deserve the attention they get in the legal planning process. However, the legal handling of IP rights can also turn into a huge legal issue if not carefully planned with a well-informed IP lawyer.
If you'd like some background material on intellectual property issues and the amusement/leisure industry, here's an article I wrote for Tourist Attractions & Parks magazine last summer on the issue. (And, just in case, here's an article I wrote for Funworld magazine this spring that includes a seciton on the equally important IP issue of copyright use). Feel free to reprint or use the articles internally at your facility if you'd like.
6.28.05
Following up on yesterday's earlier Update, thanks to Elliott Portnoy for this synopsis of legal issues facing the coin-operated industry that he emailed to The Update today:
State and local legislative efforts to restr