At the time of the announcement that the park would not be opening, The Beach had already sold 8,800 season passes. But rather than offering full refunds to the thousands of consumers who had purchased waterpark passes, the Beach offered a collection of day passes and various discounts to other local attractions, such as Kings Island and the Cincinnati Zoo, that it said was valued at "close to $200." Season passes to The Beach had most recently been sold for $89.99.
In response, 427 people filed complaints with the Ohio Attorney General’s office, resulting in the May 25 filing of a lawsuit against The Beach by Attorney General Mike DeWine. The lawsuit charges the business with failure to deliver, a violation of Ohio’s Consumer Sales Practices Act.
"It's unfortunate when a long-standing Ohio business closes," DeWine said in a press release. "But The Beach Waterpark took money from thousands of consumers and never delivered promised services. That's unacceptable."
The Beach in recent years has seen increased competition from such nearby attractions as Kings Island’s Soak City waterpark and the Great Wolf Lodge, which opened an indoor waterpark in Mason in 2006. In response to The Beach’s closing, Kings Island offered discounted rates for upgrades to its season passes and a complimentary visit to its amusement park and waterpark for Beach pass holders.
Dan Tierney, spokesman for DeWine, says companies that go out of business often refund money or provide a different product or service in place of that which was previously purchased, but it must be of equal or greater value and meet the consumer’s satisfaction.
“That has not occurred in this case,” Tierney says.
The lawsuit alleges that The Beach’s ownership partners have committed unfair or deceptive acts and practices in violation of the Failure to Deliver Rule and Consumer Sales Practices Act. Each violation of the Consumer Sales and Practices Act is punishable by a $25,000 fine. The lawsuit asks for reimbursements for all consumers, legal and court costs, an injunction and civil penalties.
“There’s a possible penalty on the punitive side of $25,000,” Tierney says. “That being said, the goal of this, because there is no bankruptcy protection, is to help affected consumers get refunds.”
According to Tierney, if The Beach had filed bankruptcy protection, the company would be protected and each individual consumer would need to file failure to deliver lawsuits.
“During a bankruptcy consumers can become creditors for not being delivered products,” Tierney says. “In absence of that they would have to each individually file failure to deliver lawsuits, but the attorney general is doing it on behalf of Ohio consumers.”
The lawsuit was filed in the Hamilton County Court of Common Please against the park’s owners and operators: The Beach at Mason Limited Partnership and Dayton-based Water Parks, Inc., and Cabana Equities, Inc.
According to the lawsuit, the Beach’s operators decided to close the waterpark on March 7, two days before announcing the canceled season and lack of refunds.
The attorney general’s office is encouraging other consumers who purchased passes to The Beach Waterpark to file a complaint a www.ohioattorneygeneral.gov.
City Council is considering increasing cab fares prior to the World Choir Games in July as part of an overhaul of the city’s taxi industry. During a Rules and Government Operations Committee meeting Monday, Councilman Wendell Young described the industry as having little regulation and often undesirable experiences, The Enquirer reports. Council last spring removed a city rule that made it illegal to hail a cab. Among the recommendations expected to be made are the standardization of rates, an increase in the number of permanent taxi stands and the visible display of a Customer Bill of Rights.
The two men hired to beat a Columbia Tusculum man over a property dispute admitted in court yesterday to having been paid by Robert Fritzsch to whoop on Tom Nies Jr. The beaters will avoid jail time in exchange for testifying against Fritzsch. The beating was allegedly a retaliation after a court ordered the removal of Fritzsch's addition to his home that blocked the river view of Nies' house.
Robert Chase is a member of Ohio’s oil and gas commission, in addition to operating a private consulting firm that deals with many of the private companies interested in making mass money off the state’s drilling leases. The Ohio Ethics Commission this week warned Chase that such consulting work could present a conflict of interest, though Chase says he’s not surprised and that he knows what his ethical responsibilities are.
NBC has picked up a
sitcom set in Cincinnati starring Anne Heche, who reportedly plays an
Indian Hill housewife who believes she can channel God after
surviving an accident involving nearly choking on a sandwich (with
humorous results?). The show, which will have a 13-episode first season, is titled Save Me.
The Obama administration might be hinting at considering same-sex marriage rights during a second term, but the folks down in North Carolina are having none of it: A state constitutional amendment to ban gay marriage and civil unions is on today’s ballot, despite the existence of a state statute that already outlaws it.
Meanwhile, the Obama administration is busting Mitt Romney up for choosing not to address a woman’s suggestion that Obama should be tried for treason.
During an event near Cleveland yesterday, a woman asked Romney if he thinks President Obama is "operating outside the structure of our Constitution," and "should be tried for treason."
Romney did not respond to the treason comment, but instead criticized Obama's recent comments on the Supreme Court -- drawing a rebuke from the Obama campaign.
Romney says he doesn’t correct all the questions that are asked of him and that he obviously doesn’t believe Obama should be tried for treason. USA Today pointed out that the incident is similar to one that occurred during the 2008 election, which John McCain handled quite differently:
It was one of the defining moments of the 2008 presidential campaign: A woman at a rally for Republican John McCain, while asking McCain a question, called Democratic contender Barack Obama "an Arab" who couldn't be trusted.
McCain took the microphone and said, "No ma'am. He's a decent family man ... who I just happen to have disagreements with on fundamental issues." McCain's response symbolized his discomfort with the volatile crowds he was seeing as his campaign faded during the final days of the 2008 race.
A study suggests that fighting obesity will necessitate a broader approach than blaming the individual, likely involving schools, workplaces, health care providers and fast-food restaurants.
Yahoo CEO Scott Thompson has apologized for pretending to have a degree in computer science. Thompson says he’ll update his resume but has no plans to step down.
The U.S. could make a $1.5 billion profit on its bailout of insurance company American International Group, Inc. At least that’s what the Government Accountability Office says.
cars have received their permits in Nevada. What's next? Drive down every single street in America and photographing it?
UPDATE: The Greater Cincinnati Coalition for the Homeless has canceled its Wednesday mock rally for Western & Southern Financial Group. The Coalition Tuesday evening released the following statement: "Due to a change in plans the mock 'Rally to Support Western and Southern' has been canceled. Stay tuned for upcoming gatherings and events to support the Women of the Anna Louise Inn as we fight for the right of self determination."
The following is CityBeat's Tuesday afternoon blog post in response to the event announcement:
The Greater Cincinnati Coalition for the Homeless is helping to organize a mock rally to support what it believes is the bullying of the Anna Louise Inn women’s shelter by Western & Southern Financial Group. The mock group will be called “Citizens for Corporate Bullies” and will hold signs that say “Greed is Good,” “We Support Corporate Bullies,” “Poor Women Not Welcome” and “W&S Take Whatever You Want.” The event begins a noon May 2 at 4th and Sycamore streets.
The Coalition has created a fake persona who supports W&S’s desire to build condos to attract a more desirable class of residents and rhetorically asks, “Besides, what gives the Anna Louis Inn the right to stay in that building just because they own it and it’s been there for a hundred years?”
The protest is in response to ongoing legal issues surrounding the Inn’s proposed expansion and W&S’s development efforts in the neighborhood. CityBeat last October reported on the situation in a story titled, “Putting on the Pressure: Western & Southern won’t take ‘no’ for an answer.” The following is an excerpt summarizing the situation then:
Last summer the facility’s owners rebuffed an offer from the powerful Western & Southern Financial Group to buy their property, triggering a heated legal battle. The company, located near the Anna Louise Inn in the affluent Lytle Park district on downtown’s eastern edge, wanted the site so it could demolish or redevelop the Inn and build upscale condominiums.
After the offer was rejected, the Anna Louise Inn continued with a long-planned renovation and was awarded a $2.7 million loan by Cincinnati City Council. That’s when Western & Southern filed a lawsuit against the Inn and the city, alleging zoning violations.
The showdown pits the Inn, opened in 1909 with the help of prominent attorney Charles P. Taft, against a company that ranks in the Fortune 500 and is headed by CEO John Barrett, an ex-chairman of the Cincinnati Business Committee who is widely considered one of the most powerful men in the city.
The facility’s owners and some city officials say Western & Southern is trying to use its sizable financial resources publicly, along with its political clout behind the scenes, to strong-arm opponents and get what it wants.
Representatives for W&S have stated that the company's $3 million offer to purchase the building is fair and have also offered to aid the Inn in finding a new location.
WVXU reported that supporters of the Inn held a rally April 4 calling for a quick judgment in a court case that could delay funding for the renovation.
Confirming rumors that swirled for two days through media circles, The Enquirer’s top editor has written a memo outlining how some editions of Sunday’s newspaper included a photograph with the word “fuck” in it.
Once editors learned about the photo, several thousand copies of the newspaper that hadn’t yet been distributed were trashed. The edition was reprinted without the offending photo.
Enquirer Editor Carolyn Washburn confirmed the gaffe in an email to staffers sent at 4:10 p.m Monday, which CityBeat received today.
“I learned about this after midnight Saturday when someone in our operation saw this photo and alerted us,” Washburn wrote. “We stopped the presses to change the photo and threw out thousands of papers still sitting at our dock.”
Reportedly, Washburn has been fielding complaints from readers who received the paper for the past two days.
The page in question was laid out by a “design hub” in Louisville, which is part of a push by The Gannett Co., The Enquirer’s owner, to centralize some functions like many copy-editing duties into regional locations.
The same design hub was responsible for a similar incident in December when a Gannett paper in South Carolina, The Greenville News, published an article with the word “fuck” randomly inserted into it. The gaffe caught the attention of several websites including The Huffington Post and Romenesko.com.
Sunday’s incident occurred just two days after four veteran copy editors at The Enquirer left after taking an “early retirement” severance deal to reduce the newspaper’s expenses.
Here is the full text of Washburn’s email:
Sent: Mon 4/16/2012 4:10 PM
From: Carolyn Washburn
To: Cin-News Users
Subject: in case you are getting calls about a photo in Sunday's paper
A photo ran on the state government page of a protestor holding up a sign that used the word f#*&. It was caught on the press and replated but it still went out to several thousand homes.
Here is how I am responding.
Yes, the photo was completely inappropriate, on many levels.
I learned about this after midnight Saturday when someone in our operation saw this photo and alerted us. We stopped the presses to change the photo and threw out thousands of papers still sitting at our dock. Unfortunately a few thousand papers had already gone out to carriers.
I deeply apologize and am working this morning to understand why this photo was chosen in the first place and why it was not caught sooner. I take this very seriously.
Again, I apologize.