The Ohio Supreme Court will decide if the owners of Ohio’s 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’s clear that there are no refunds.
And he said while Cedar Point’s May opening actually happened in July, the park still opened.
“We have a season, and a season is defined by the nature and character of this particular license as being conditional. And there’s a right to change. And that was acknowledged when these parties purchased that agreement," Hudson said. “People disagree as to whether or not it was long enough or whether we should have had more days, but we had a season.”
Nicole Fiorelli argued for season pass holders who have filed a class action lawsuit. She said the word “season” is unfairly ambiguous, and it doesn’t matter whether the park or the state ordered the delay.
“Breach of contract doesn’t 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’t a remedy, and that the resolution is refunds.
“We paid money – 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’s Berry Farm in California.
