Three Ohio amusement and water parks are arguing that the state’s Department of Health does not have the constitutional authority to keep them closed despite the coronavirus pandemic, according to a lawsuit filed Friday.
The 1851 Center for Constitutional Law, which filed the suit on behalf of Cedar Point, Kalahari Resorts and Kings Island, says that an order given by Dr. Amy Acton, the department’s director, singles out the parks, even though other businesses have been allowed to reopen.
“The Order provides no opening dates for these seasonal businesses that employ thousands and generate the bulk of the economic activity in their respective counties, even though these businesses are safe to operate,” the center said.
The cases are pending in the Erie County Courts of Common Pleas and the Warren County Court of Common Pleas.
A spokesman for DeWine’s office declined to comment on the pending litigation.
Other businesses have challenged restrictions put in place by Acton and Gov. Mike DeWine to slow the spread of the virus, including in other suits filed by the lawyers who filed this suit.
A Lake County judge, for instance, has granted an injunction to prevent officials from enforcing state orders for gyms and fitness centers.
