Cedar Fair denied court motion

SANDUSKY — A judge on Thursday denied a motion to dismiss a lawsuit against Cedar Point's parent company. Provided photo U.S. District Judge James G. Carr denied Cedar Fair's motion to dismiss a lawsuit brought against it by a woman who purchased a 2020 season pass. Washington state resident Moneva Walker purchased a 2020 season pass for Cedar Fair's Knott's Berry Farm park located in Buena Park, Calif. Due to COVID-19 restrictions, Knott's Berry Farm and other Cedar Fair parks, including Cedar Point, were closed for all of the 2020 season, or a substantial portion of it.. Walker sued on behalf of 2020 season pass holders of all Cedar Fair parks for breach of contract and sought class-action status, damages and restitution. Purchasing a 2020 Cedar Point season pass would allow the holder unlimited visits to the park during the operating season, according to Cedar Point's website. Because of the pandemic, Cedar Point did not open on May 9, 2020, as scheduled. Instead, the park opened for the first time in 2020 on July 9. Cedar Point did not offer a partial refund for the two months the park was shuttered. Other Cedar Fair parks experienced similar closures in 2020. Knott's Berry Farm, which is normally open year round, closed in March 2020 and did not open again until May 6, 2021, according to an Orange County Register article. Cedar Point extended 2020 passes to include the 2021 season. Knott's Berry Farm also extended 2020 season passes to include the 2021 season. Additionally, the California park extended passes day-for-day every day the park was closed in 2021. The plaintiff's complaint alleges Cedar Fair violated Ohio's Consumer Sales Practices Act. The suit asked for class-action status to represent everyone who purchased a 2020 season pass to Cedar Fair parks. The complaint claimed that people who purchased season passes entered into a contract with that specific park. By failing to provide a normal-length season, the parks breached the contract, according to the lawsuit. While Cedar Point and Kings Island opened for part of the 2020 season, other Cedar Fair parks canceled their entire 2020 seasons. Canada's Wonderland, Valleyfair and California's Great Adventure were not open in 2020. Cedar Fair claimed, in its response to the suit, that it could not have foreseen COVID-19. In his decision to deny the motion to dismiss, Judge Carr stated, "The facts plaintiffs have alleged in their complaint suffice at this stage to state a claim that Cedar Fair unconscionably, intentionally chose not to include a force majeure clause on its websites, thereby obscuring or concealing from the plaintiffs that they and not Cedar Fair would bear the financial consequences of a force majeure event." A force majeure event is something that occurs unforeseen and of a substantial nature.