Ohio Attorney General Mike DeWine today announced a lawsuit against the owners and operators of The Beach Waterpark in Mason, Ohio.
The lawsuit charges the waterpark with failure to deliver, a violation of Ohio's Consumer Sales Practices Act.
"It's unfortunate when a long-standing Ohio business closes," Attorney General DeWine said. "But The Beach Waterpark took money from thousands of consumers and never delivered promised services. That's unacceptable."
The Beach Waterpark was a water amusement park located at 2590 Waterpark Drive in Mason, Ohio where it operated for more than 27 years.
Before the 2012 season began, the waterpark sold approximately 8,800 passes for the 2012 season.
On March 9, The Beach Waterpark announced that it would not reopen for the 2012 season.
After the announcement, hundreds of consumers filed complaints with the Ohio Attorney General's Office saying they wanted refunds.
In lieu of refunds, the Beach Waterpark offered discounts and day passes to other local attractions, such as Kings Island and the Cincinnati Zoo.
According to the Attorney General's lawsuit, the offers were not adequate substitutions, because they were not similar goods or services and they were not of equal or greater value to what the consumers ordered.
Substitute offers must be acceptable to consumers.
The lawsuit, filed in the Hamilton County Court of Common Pleas, charges the waterpark's owners and operators—The Beach at Mason Limited Partnership, Water Parks, Inc., and Cabana Equities, Inc.—with violating the Failure to Deliver Rule under the Consumer Sales Practices Act.
The lawsuit seeks consumer restitution, a permanent injunction, and civil penalties.
Attorney General DeWine encourages consumers who purchased 2012 passes to The Beach Waterpark to keep all documentation related to the purchase and to file a complaint with his office at www.OhioAttorneyGeneral.gov or 800-282-0515.
A copy of the lawsuit can be found at the Ohio Attorney General's website.
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