The Truth About Amusement The Truth About Amusement Attraction SafetyAttraction Safety

State-Based Regulations Promote Safety State-Based Regulations Promote Safety Better Than a Federal AlternativeBetter Than a Federal Alternative

Prof. Chad D. EmersonProf. Chad D. EmersonFaulkner University’s Jones School of LawFaulkner University’s Jones School of Law334.386.7536 : cemerson@faulkner.edu334.386.7536 : cemerson@faulkner.edu

Where Amusement Attraction Safety Where Amusement Attraction Safety is Today…is Today…

• Mobile Amusement Mobile Amusement Attractions are Attractions are

Federally-RegulatedFederally-Regulated

• Permanent (or Fixed-Permanent (or Fixed-Site) Attractions are Site) Attractions are

State-RegulatedState-Regulated

• Except That…Except That…

Some States Have Failed to Some States Have Failed to Enact Any Amusement Safety Enact Any Amusement Safety

RegulationRegulation(Arizona & Wyoming)(Arizona & Wyoming)

While Others Have Failed to Enact While Others Have Failed to Enact ComprehensiveComprehensive Safety Safety

RegulationRegulation(Ex: Alabama, Kansas, Mississippi, Montana, South (Ex: Alabama, Kansas, Mississippi, Montana, South

Dakota, Utah)Dakota, Utah)

How It Got To This Point…

• 1960s Congressional Efforts to “Federalize” Consumer Safety

• Early 1970s CPSC Efforts to Classify Amusement Attractions as Consumer Products

• Mid to Late 1970s Litigation Over These CPSC Efforts– Chance & Texas

State Fair Lawsuits

– Walt Disney & Bell Enterprises Lawsuits

State Fair of Texas v. U.S. Consumer Product Safety

454 U.S. 1026 Nov 09, 1981

“Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course

or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual

who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site.

Such term does not include such a device which is permanently fixed to a site.”

The Need for This

Was Eliminated By This

Pub. L. No. 97-35 at § 1213, 95 Stat. 724 (1981)

Subsequent Efforts to Repeal The1981 Amendment

• H.R. 2668, 98th Cong. (Apr. 20, 1983)

• H.R. 5790, 98th Cong. (June 6, 1984)

• Sen. 702, 99th Cong. (Mar. 20, 1985)

• H.R. 3412, 100th Cong. (Oct. 1, 1987)

• H.R. 729, 101st Cong. (Jan. 31, 1989)

• H.R. 1762, 101st Cong. (Apr. 11, 1989)

Which All Eventually Led To…

National Amusement Park Ride Safety ActH.R. 3032, 106th Cong (1999)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.This Act may be cited as the ‘National Amusement Park Ride Safety Act of 1999’. SEC. 2. JURISDICTION OVER FIXED SITE AMUSEMENT RIDES. Section 3(1) of the Consumer Product Safety Act (15 U.S.C. 2052(1)) isamended-- (1) in the second sentence, by striking ‘, and which is not permanently fixed to a site’; and (2) by striking the third sentence.  SEC. 3. AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated to the Consumer Product Safety Commission $500,000 for each fiscal year to enable the Commission to carry out the Consumer Product Safety Act as amended by section 2.

Reality Check:The Facts Simply Don’t Support the

Federalization of Fixed-Site Park Safety Regulation

• Accident Statistics Don’t Support It

• Proposed Funding Won’t Support It

• Currently, the CPSC Can’t Support It

Challenges Still Exist Though…

Self-Regulation + A Comprehensive State-Based

Regulatory System

The Solution:

Crucial Next Steps…

Pass Comprehensive Amusement Safety Laws in

Every State!

For the latest in Amusement Park & Recreation Law,

check out:

www.faulkner.edu/admin/websites/cemerson/AmusementandRecreationLaw.htm

and Coming in Early 2005

The Update: The Update: A Weblog Dedicated to Amusement A Weblog Dedicated to Amusement

Law IssuesLaw Issues