A Safer Ride? (Pt. 3) - Is State Amusement Regulation The Problem?

            The amusement season is quickly winding down as daily operation (for seasonal parks) comes to a close and schools go back into session.  Like schools, legislatures around the country will also be heading into session shortly and, given the tragic and unfortunate incidents in the amusement industry recently, it is likely that at least some of these – maybe even at the federal level – will consider new regulation of the industry.  As I’ve detailed before in my last two pieces, the siren song of federal regulation is almost impossible to ignore in the wake of an amusement ride-related death or serious injury.  But the only real reason to look seriously at replacing the current system with a new federal oversight program is if the states' regulatory programs are not working.  So, for my final piece in this series I thought it would make sense to look at the evidence, or lack thereof, that state regulation is failing. 

IAAPA’s First Virtual Advocacy Day Is Here! And We Need Your Support!

This week, IAAPA’s North American Government Relations Subcomittee will be on Capitol Hill for its annual Advocacy Day (the name is actually something of a misnomer, since it actually takes place over two days).  On Tuesday and Wednesday, March 24-25, twenty-three members of the committee (including me) as well as invited guests from other IAAPA committees and members of the industry, will be meeting with elected officials in the House and Senate, their staffs, the Commissioner of the Consumer Product Safety Commission, and other government officials to communicate the industry’s interests to those that shape federal policy.  In all, we have scheduled thirty-six legislative meetings, including meetings with seventeen members of Congress, in only two days. 

This year, IAAPA’s Government Relations Department, as well as the North American Government Relations Subcommittee, is asking for your help to make Advocacy Day 2015 an even bigger success than it usually is.  In addition to our physical presence on the Hill this week, we are asking you to take part in the first-ever Virtual Advocacy Day!  What’s that, you ask?  Well, while we are meeting face-to-face with members of Congress and other policy-makers in Washington, we want you to take to social media with the hashtag “#IAAPAVAD” to amplify the messages that Advocacy Day attendees are bringing to DC.  Tweet your Senators!  Tweet your Representatives!  Tweet the CPSC, the State Department, the Transportation Department, the FAA!  Show them that you care about the industry and the issues that affect it. 

So, what are the issues that we will be addressing over the next few days and how can you help?  Well, keep reading to find out more about our priority issues and how you can contact your representatives and policy makers.  

IAAPA Is Over, So What's Next? How Does A Couple Of Days In New Orleans In February Sound?

IAAPA 2014 in Orlando was a huge success!   From talking to my clients and peers that were there, I think all agree that the quality of the educational sessions and networking opportunities was, as usual, consistently fantastic.  But what now?  Well I have a suggestion.  How about a trip to New Orleans in the dead of winter?  Sound good?
 
Recently, the American Conference Institute reached out to me about being a media partner for an upcoming, and first of its kind, conference on Recreation, Leisure, and Amusement Park Compliance and Litigation.  Now, over the years, I've had a few whispers from various people about setting something like this up, but nothing that has either been backed by someone like ACI, who has A LOT of experience with quality business conferences on a variety of topics, or that I thought would be of interest to a broad swath of the industry.  Well, that's all about to change.

New Study Confirms That Children Are Safe On Amusement Rides (You Didn't Hear?)

So, did you hear about the new amusement ride safety report published today in the journal Clinical Pediatrics that actually demonstrates scientifically that amusement ride injuries to children under the age of 17 are exceptionally rare?  How about the scientific study that shows that amusement ride related injuries to this population dropped by an estimated 50% between 1991 and 2003?  Well, surely you must have seen the study, which received institutional review board approval at The Research Institute at Nationwide Children's Hospital, showing that, of those extremely few guests under the age of 17 that are injured on amusement rides, 97.8% are either treated and released or examined and released without treatment?  No?  You didn't see that either?  Yeah ... me neither.  But here's what I did see today:

A Response To Consumers Digest's Waterslide Safety Report (Part 1): The Numbers Don't Lie

A story was published today in Consumers Digest entitled “Waterparks:  Is Public Safety Going Down the Tubes” that paints an extremely unflattering and misleading picture of the safety of the waterpark industry as a whole.  Authored by Sara Bongiorni, the piece makes a number of disturbing assertions to suggest that injuries at waterparks in the United States are increasing at an alarming rate and that the best solution to countering this trend is federal regulation of the fixed site amusement industry.  The piece takes great issue with the so-called “patchwork” of state regulations governing the amusement industry and even goes so far as to portray the industry as expending hundreds of thousands of dollars per year specifically to avoid federal regulation.  I’ve seen other pieces like this – usually in the wake of a tragic accident at a park or carnival.  Rarely, though, have I seen a piece that goes to the extent that this piece does in mis-characterizing the facts and ignoring gaping holes in the logic and reasoning underlying its conclusions.  I thus feel compelled to address some of the more troubling aspects of Ms. Bongiorni’s piece.  The article though is rather lengthy, so I thought the best way to address it was in two parts.  Today, I’ll discuss the problems with Ms. Bongiorni’s injury statistics, and how they were manipulated to paint a far direr picture than exists in reality.  In Part 2, I’ll address her contention that federal regulation is the answer to all the industry’s problems.

Don't Forget: What We Do Matters ... A Lot.

Greeting everyone!  As you can see by my last post, its been a while since I've updated The Legal Roller Coaster.  My apologies to those who have noticed.  My last piece was posted February 8, and was written while I was on a plane to Portland, Oregon to try a very large case in Oregon State Court.  I returned to my home, my job, and my life about two and a half weeks ago.  Over the last two months or so, I have worked harder than I ever have before on a long and exhausting trial, didn't see my wife or kids for almost seven  weeks, flew to Phoenix to say my final farewell to my grandmother who had been sick for years and finally just couldn't go on any longer, and, just a few weeks later, went to DC to bury one of my best friends from law school who passed away incredibly suddenly at the age of only 35, leaving behind her husband and three children.  I also took some time to attend the New England Association of Amusement Parks and Attractions Annual Meeting and present a short seminar to those fine folks.  That's a lot to take on in the span of two months - particularly in the middle of a multi-million dollar trial.  And all of that, particularly the death of my friend, got me thinking hard about what I do, what I like to do, and why I am doing it.  So, for my first post back after a couple of months, I've decided to go in a somewhat uncharacteristic non-legal direction (and don't worry - this is probably a one-shot thing since I've got a lot of other things to talk about soon), and talk a little bit about why our industry is so important and why the work that we do really does matter to people.

IAAPA 2011: Five Sessions That Could (Unintentionally) Help You Avoid Legal Trouble (and why)

Well, its Day Two of my special buildup to IAAPA 2011.  Yesterday, I put together my five recommendations for legally-themed educational sessions at this year's expo.  Today, I've assembled a list of five non-legal seminars that could, as a fortunate side effect, help you avoid legal trouble down the line.  These seminars are not, to the best of my knowledge, taught by lawyers or meant to delve deeply into legal issues.  They all seem designed with an operational or business purpose in mind - to help you, the owner or operator, better manage your operation and maximize profits.  Nonetheless (and based solely on the course descriptions and my personal opinions), there is a good chance that something you learn in these classes will help keep you out of court someday.  And as much as I love going to court as an attorney, trust me when I tell you that it's a lot less fun if you are a litigant.  So, here they are ... the Five Sessions That Could (Unintentionally) Help You Avoid Legal Trouble (and why):

IAAPA 2011: Five Legally Themed Sessions You Should Attend (and why)

Like many of you, I hope, I will be making the trek to sunny Orlando soon for next week's IAAPA Attractions Expo 2011.  In anticipation of the big event, I thought it would be fun to highlight some of the best that IAAPA has to offer (or that I think IAAPA has to offer) at this year's event.  So, for the next few days, I will be offering a different "Top 5" list to help you get the most out of your visit.***  I will also be in attendance at most, if not all, of my "Top 5" selections for the week, so if you see me (I'll be the one in the suit looking exceptionally lawyerly), please don't hesitate to stop and say hello!

***Please note that, except if I note otherwise, I have no particular connection to any of these sessions and have not been asked by IAAPA or any of the speakers to promote any of them in particular.  These are just my own opinions.  That said, if anyone out there wants to buy me a drink in Orlando for recommending a particular session, I would be glad to take you up on it. ***

So, without any further ado, I give you the 5 Legally Themed Sessions You Should Attend (and why):