The Ohio Supreme Court will decide if the owners of Ohio鈥檚 two largest amusement parks owe refunds to season pass holders for delaying the 2020 opening of Cedar Point for two months because of COVID.
Cedar Fair's attorney David Hudson told the justices that season pass holders get a conditional right of access to the park, but that dates and hours of operation can change without notice and that it鈥檚 clear that there are no refunds.
And he said while Cedar Point鈥檚 May opening actually happened in July, the park still opened.
鈥淲e have a season, and a season is defined by the nature and character of this particular license as being conditional. And there鈥檚 a right to change. And that was acknowledged when these parties purchased that agreement," Hudson said. 鈥淧eople disagree as to whether or not it was long enough or whether we should have had more days, but we had a season.鈥�
Nicole Fiorelli argued for season pass holders who have filed a class action lawsuit. She said the word 鈥渟eason鈥� is unfairly ambiguous, and it doesn鈥檛 matter whether the park or the state ordered the delay.
鈥淏reach of contract doesn鈥檛 look at whose fault it was or whether there was good faith. The fact is, she contracted for these two months, and she was not provided those two months," Fiorelli said.
Fiorelli said since their passes guaranteed access in 2020, giving passes for 2021 isn鈥檛 a remedy, and that the resolution is refunds.
鈥淲e paid money 鈥� the plaintiff paid money for something she did not receive," Fiorelli said.
Cedar Fair also owns Kings Island near Cincinnati.
A similar lawsuit has been filed in U.S. District Court in Toledo against Cedar Fair, involving a plaintiff holding a season pass to Knott鈥檚 Berry Farm in California.
