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.
Journalism-related Web sites have been abuzz this week with rumors that Editor Tom Callinan is about to leave his job at The Enquirer. Callinan is keeping mum for now, but one of his rumored replacements says he will remain in California and not return to Cincinnati.
2010 already is beginning to look a lot like 2009 at The Cincinnati Enquirer.
In a memo issued Dec. 1, an executive with The Gannett Co., The Enquirer’s Virginia-based owner, wrote that newspaper employees must take another five-day, unpaid furlough within the first quarter of the year. Bob Dickey, Gannett’s U.S. community publishing president, blamed the continuing weak economy.
Two proposals by institutional shareholders designed to increase independent oversight at Cintas Corp. failed to gain a majority of votes Tuesday at the company’s annual meeting.
The proposals included one by the North Carolina Retirement Systems, which represents the pension investments of unionized North Carolina state government workers. It sought to have an independent chairman — unconnected to the Farmer family — appointed to the board of directors to enhance oversight and improve the company’s abysmal safety record.
The other proposal sought an advisory shareholder vote on executive pay.
As the meeting was conducted, more than 300 protesters comprised of Cintas workers from across the nation and their local supporters rallied outside of the company’s Mason headquarters (pictured above), demanding an end to what they described as egregiously unsafe working conditions at the uniform supplier’s industrial laundries.
A proposal by another institutional shareholder — CtW Investment Group — was also defeated that would have blocked the appointment of David Phillips to the Cintas board due to what it described as an undisclosed conflict of interest and weak leadership in his role as the company’s Nominating and Corporate Governance Committee chairman.
(See my recent news article "Cintas Under a Microscope" for background on these shareholder proposals.)
Cintas didn’t reveal the vote totals for board appointments. CtW representatives said about 35 percent of outside shareholders opposed Phillips’ appointment, which amounted to a “vote of no confidence.”
CtW had alleged that in his role as committee chairman, “Mr. Phillips bears responsibility for many of the company’s questionable governance practices, which include … inadequate response to legitimate governance concerns."
Further, CtW disliked that Phillips serves as trustee of Cincinnati Works, which received more than $200,000 in charitable contributions from foundations controlled by Cintas insiders and affiliates.
Each of the proposals had been endorsed by the Union of Needletrades, Industrial and Textile Employees (UNITE), an organization trying to unionize Cintas workers for more than five years.
Some Cintas employees who were given proxies by shareholders were denied access to the annual meeting, according to UNITE.
The U.S. Occupational Safety and Health Administration (OSHA) has cited at least 10 Cintas facilities nationwide in just over a year for safety violations, including one that resulted in the death of a worker. Since 2003 Cintas has been cited for more than 170 OSHA violations in its facilities, including more than 70 citations that OSHA deemed could cause “death or serious physical harm."
(Photo of protest outside Cintas annual meeting on Oct. 15 by Cameron Knight. See more photos here)
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?
A labor impasse between managers of Greater Cincinnati's Metro bus system and its transit workers appears to be near an end.
Members of the Amalgamated Transit Union (ATU) Local 627 voted Tuesday to accept a new three-year labor contract with the Southwest Ohio Regional Transit Authority (SORTA). The final tally was 409-49.
According to emails and phone calls received by WWVA-AM West
Virginia talk show host David Blomquist, miners said they were told that
attendance at the Romney event would be mandatory and unpaid.
As first reported by The Plain Dealer in Cleveland on Tuesday, mine owner Murray Energy Chief Financial Officer Rob Moore told Blomquist that managers “communicated to our workforce that the attendance at the Romney event was mandatory, but no one was forced to attend.” He said that people who did now show up to the event, which organizers say drew 1,500 miners and family members, were not penalized for their absence.
Blomquist said during the radio show that current and former
employees had called and emailed him saying they feel they were forced to go,
had to take off a day without pay and a roll call was taken, which caused some
employees to believe they would lose their jobs if they didn’t show up.
“Just for the record, if we did not go, we knew what would happen,” Blomquist read from an email he had received. “It is wrong what we were made to do because of the outcome if we don’t.”
The Columbus Dispatch reported that Murray Energy Corp.
founder Robert Murray attended the Tuesday breakfast hosted by the Ohio delegation to the Republican National Convention. Murray told the newspaper that the decision to
close the mine was made at the request of the Secret Service.
Murray disputed the report that miners weren’t paid for the day, saying they were compensated for the hours they spend underground, from 6 a.m. to 11 a.m. The mine was re-opened for a second shift at 4 p.m.
“They were all there voluntarily,” Murray said of the miners
who attended the Romney event, which was also attended by Republican U.S.
Senator Rob Portman and Ohio Treasurer and Senate candidate Josh Mandel.
“You don’t pay people to go voluntarily to a political event. If I would’ve paid them you would be saying you want it the other way. This is all a bunch of nonsense,” Murray told The Dispatch. Federal law prohibits the paying of private employees to attend a political event.
Murray blames layoffs at some of his mines on Obama’s
policies. His companies have had a history of environmental and safety violations,
and its Political Action Committee has held fundraisers for and donated to
Romney’s Ohio campaign spokesman disputed that the Secret Service had the mine shut down, telling The Dispatch in an email that “It was Murray Energy’s decision to close the Century Mine, not the campaign’s or the Secret Services.” His comment echoes what Murray CFO Moore said on the radio show, that management wanted to attend the event and they couldn’t have miners underground without management present.
For his part, radio host Blomquist took issue with the fact that
the miners lost out on a full eight hours of pay because of a political event.
“My whole point is that nobody should be pressured into attending anyone’s political event,” he told The Plain Dealer. “If they shut the mine down, why should they lose a day’s pay? There are some guys that just want to go to work, feed their family and go home.”
Just as the White House is criticizing one Republican lawmaker for apologizing to BP, it's been revealed that a local GOP leader has extensive stock holdings in BP and other oil companies.
The Associated Press is reporting that U.S. Rep. John Boehner (R-West Chester), the House minority leader, bought dozens of stocks in December including shares in BP, Exxon, Chevron, ConocoPhilips and Occidental. Each of the stocks is valued between $15,001 and $50,000, according to annual financial disclosure reports released Wednesday.