Kings Island Amusement Park has filed a lawsuit against Amy Acton, director of the Ohio Department of Health.
The lawsuit, filed Thursday in Warren County Common Pleas Court, also names the Warren County Health District. Christopher Finney, a Cincinnati lawyer, and Maurice Thompson of the 1851 Center for Constitutional Law in Columbus filed the lawsuit.
The lawsuit claims Acton lacks authority to order the restrictions preventing water parks and amusement parks like Kings Island from opening.
RELATED: Warren County officials discuss litigation over state restrictions affecting Kings Island
opening
The lawsuit also claims a lack of due process allowing for appeal of the state orders.
In addition, the lawsuit claims the rules do not provide for equal protection under the law, by permitting some businesses but not others to operate.
The orders also violate the Doctrine of Separation of Powers and “delegated unfettered and unbridled vague power to unelected officials,” such as state and county health officials.
RELATED: Kings Island postpones opening for more than a month
Earlier this week, Warren County officials said they had been urged by local officials to bring a lawsuit against the state over state restrictions on amusement parks to prevent the spread of COVID-19.
Finney declined to comment Thursday.
MORE: Clearcreek Twp. to pay $200k in open-meetings case
Judge Donald Oda II has been assigned.
Chad Showalter, spokesman for Kings Island, referred questions to a statement today about reopening the park and a proposed state law that would result in immediate reopening.
“As professional amusement park operators with an exemplary safety record, we are experts at managing risks and following protocols. The protocols we have developed to reopen our parks are in accordance with governmental and CDC directives, Erie County and Warren County Health Departments, medical professionals, Ohio’s Development Services Agency (DSA) and industry best practices. They are specifically responsive to the COVID-19 crisis,” Richard Zimmerman, CEO, Cedar Fair Entertainment Company, said in the statement.
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