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Owner of Midway of Fun / Brass Ring Amusements
Harry Mason files suit against State of California

Pam Sherborne Amusement Today

As Harry Mason and his carnival, Midway of Fun/ Brass Ring Amusements, was setting up for the 2009 Calaveras County Fair and Jumping Frog Jubilee, Angels Camp, Calif., Mason had an array of things on his mind.

As he and his crew set about readying for the event, which ran from May 14-17, images of last year’s ride accident continued to flutter around his head. His Chance Yo-Yo ride collapsed during the event injuring slightly more than 20 riders.

PHOTO COURTESY MIDWAY OF FUN The arm of Midway of Fun’s Yo-Yo ride collapsed last year at the Calaveres County Fair, Angel Camp, Calif. The carnival’s owner, Harry Mason, has filed a lawsuit against the state’s Division of Occupational Safety and Health Amusement Ride Unit following the department’s release of its investigation report in March.

“I run a very safe carnival,” Mason said, from the Calaveras fairgrounds, a fair he has played for the past 19 years. “The fact that this fair board wanted me back shows I am trusted.”

But, Mason is piping hot. After almost 10 months from last year’s accident on May 16, the California State Department of Industrial Relations Division of Occupational Safety and Health Amusement (OSHA) Ride Unit released its accident investigation report, pretty much blasting Mason.

“But, the truth will set you free,” Mason said.

And, the truth, he feels, will come out when the lawsuit he has now filed begins in court.

It’s not that Mason, who is from Oroville, Calif., doesn’t agree with the findings of what actually caused the accident. The reports states: “The sweeps (of the ride) collapsed because the spider bearing assembly slipped off the cylinder rod, thus losing the power to pull down the sweep’s top ends. This happened because of the two lock nuts that were holding the spider bearing assembly rotated off and disengaged from the threaded end of the cylinder rod.”

“I knew that had happened when we opened the ride up last year,” he said.

What he doesn’t understand is why the conclusions of the 91-page report don’t match the information in the body of the report. He also didn’t understand, and still doesn’t, why state department representatives came in after the accident last year and “walked around, peeling the permit stickers off of each ride I had on the midway,” shutting down the entire carnival for two days to reinspect every ride that had already been inspected and permitted.

According to a news report by the local paper, The Calaveras Enterprise, “when the incident happened, Calaveras County Sheriff Dennis Downum said he did order the rides closed, but adamantly stressed that he told OSHA investigators, once they arrived at the fairgrounds, that the reopening of the rides was up to them.”

Mason hopes this will all get sorted out. He does think, though, it will take this lawsuit to do so. One conclusion the document reached, and one Mason certainly objects to, was: “Had Midway of Fun’s maintenance program been sufficient, the Yo-Yo would have been inspected and maintained to conform to all of Chance’s specifications.”

Yet, in the body of the report, a timeline of inspections and certifications is noted. “I did everything I was supposed to do,” Mason said. “The report gives chronological information of that.”

Mason gave The Calaveras Enterprise an interview because he knew there would be questions. He wants to answer them.

According to the local paper paper: “The file indicates Lindquist (Phil Lindquist, an associate engineer with the state’s amusement ride unit) inspected the ride in question 10 times from 2002 through 2008, ‘three of those inspections occurred after the Yo-Yo’s hydraulic cylinder expiration date of April 9, 2007, including an inspection leading to the issuance of an annual permit to the Yo-Yo in April 2008, days before the accident (on the ride) of May 16, 2008.”

“We’ve (ride operators in California) have had a lot of challenges lately with the state,” Mason said. “I was afraid of not doing something right. But, I’m not afraid anymore.”

Mason hired Michael Amaro with Prindle, Decker and Amaro in Southern California, a firm that specializes in the amusement industry.

“It’s really not about the money anymore,” Mason said. “It’s about what is happening out here. Enough is enough. Closing all the rides last year financially crippled this fair. I am just facing this head on now.”

To add insult to injury, Mason said he has received a bill from California’s OSHA division for $43,000 to cover costs of the investigation.

“And, it said that if I didn’t pay that amount in 50 days, it would double,” he said.

Mason’s attorney doesn’t expect the suit to come to trail until the spring of 2010. So, with his season underway, Mason is trying to turn his attention to his business at hand.

Mason opened his season the last week of January this year. So far, everything is going pretty well.

“People are coming out and riding the rides,” he said. “With gas prices lower this year, we are realizing more. So, that is good. I feel pretty good about the year.”

Games are not what they used to be, however. He said the state of California restricts the usage of games of chance. Only games of skill can be offered.

“But, another mission I am on is to show that only being able provide games of skill is discriminating in its nature,” Mason said. “If you are a male and fairly athletic, you have a much better chance of winning a game of skill, than if you are a female, small in stature, or if you are handicapped.”

Mason did purchase three new rides this year, the Super Loop from Larson International, and Flying Bobs and Zipper from Chance. He has about 50 rides now in his arsenal.

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BRIEF

Calif. governor looking at selling public assests

California Gov. Arnold Schwarzenegger last month proposed the selling of Cal Expo in an effort to solve the state’s budget crisis.

According to an article posted on line by the Sacramento Bee, the state estimated it would raise $80 million from the sale of Cal Expo, Sacramento. But, the article went on, it could raise $150 million if it has the 850-acre property rezoned for mixed-use development.

The document produced by the state with the proposal stated that it would be necessary to determine whether the California State Fair, a Sacramento fixture, could remain on the site.

Schwarzenegger has been proposing the sale of public buildings due to the state’s financial crisis.

The article also stated that: “The governor also will propose selling the Cow Palace, the Del Mar Fairground, Orange County Fairgrounds and Ventura Fair.

“The document does not address how a Cal Expo sale would fit into the plan that Cal Expo officials and the NBA are considering to redevelop the site with an arena. Under that proposal, the state would retain ownership of the land but lease the property to private interests.”