The Fifth Estate needs an Enema

I can't express how disappointed I've been with the America Press of late. Houston Chronicle reports that defendant Schlitterbahn put out a new statement. What it looks like is that the spokesperson for Schlitterbahn was in the process of editing the statements while I was posting about it. The date of the Original Statement is from 03/23 & the statement from yesterday was put up last night around 7.00 PM. Same website. 

Some shoddy reporting confused me. The fact that the date on the statement changed confused me too. Regardless the updated statement can be found at the same place.

The new statement, like the old, looks to be the work of a legal amateur. It reminds me of something that Roxie or Velma might say in Chicago. I certainly hope that defendant Schlitterbahn did not pay an attorney for that statement.  Still no comment, publicly, regarding if defendant Schlitterbahn has retained representation for this matter.

A couple of things I want to point out. The statements make no reference to the charges against the companies. I'm not sure if that has to do with a finer point of the law but I have a feeling the content of these initial statements is going to become really important further down the road. Also, as the statement from defendant Schlitterbahn points out, "[Defendant] Jeff Henry has designed waterpark rides the world over.  Nearly every waterpark that exists today has an attraction or feature based on his designs or ideas." 

That is true. His slides are very well received throughout the industry by patrons & parks alike. I have personally ridden at least three rides he was directly involved in building, designing, or that used elements of his designs. They are known as "Watercoasters." On one of them I personally caught air. That is to say that my tuckus was no longer in contact with the raft while we crested a hill. 

Now I'm not certain if our raft actually left the flume but I have heard of a number of people being "dumped" into the flume on such watercoasters. Dumped passengers are often a symptom of an unsafe slide. Think of tubing on a natural rapid: you get dumped quite a bit because it's not engineered to be safe. My sister-in-law was dumped when she tried to ride with my father-in-law if I recall correctly. 

Now the operator of this particular park has extremely high safety standards. They have a very lucrative market to protect and they do also have a spotty history with patron safety themselves. Off the top of my head I can think of three verifiable tragedies that never should have occurred at one property alone.

Upon reflecting on my experience with that flume I don't believe it to be unsafe. But I do believe it might not live up to the safety standards that the designers and operators claim it does. If you watch a few videos of the flume you'll notice what we noticed when visiting. That ride can be rough.

On 03/27/2018 the Murder Indictment was Released to the Public

Some good info from KMBC 9 regarding latest developments. I found the Statement quoted in the Star-Telegram. This appears to be an official response from defendant Schlitterbahn and is posted on its website. There is also, now, a Q&A from the perspective of a potential consumer. The Q&A may be a response to an op-ed whose headline I saw but I haven't read. I'm not sure if the company has engaged representation for this matter. The last live-blog post from the Houston Chronicle that I saw was unclear. I've personally reached out to the spokesperson on Twitter. I am monitoring that channel. 

The first statement can be found on Schlitterbahn's website. It references the civil case. It is contradicted by the indictments in several places. It includes a statement from the attorneys for Tyler Miles. It refers to Mr. Miles in a familiar manner. The statement from Mr. Miles' attorneys that is attached to the end of defendant Schlitterbahn's statement points out some of the specific legal paths they intend to take in the court case. They have asked for a trial by jury (last paragraph). They are going to offer defenses against the allegations that Mr. Tyler "'avoided or delayed repairs,' [and]... 'had covered up similar incidents'." (first paragraph). They plan to attempt to have a great deal of the indictment thrown out as "evidence that is not legal" (third paragraph). I am no professional. They probably made other legal arguments in there. I can only pick out what I can pick out thanks to my personal work experiences. Unfortunately with my limited skill I can discern no strategy that defendant Schlitterbahn intends to take against the charges leveled against it. The reference to the "shocked Kansas legal community" is particularly ham-handed as the only evidence proffered is the statement of the other defendant's attorneys.

If what I suggested above is the truth than that would not be the actions of an office that understood the seriousness of criminal charges being levied at a company. But I don't really know that.

What I do know is that I will not willingly give money to a business that has been convicted of  criminal felonies involving the loss of human life. What I do know is that Schlitterbahn Waterpark of Kansas City, Kansas is charged with twenty felonies including felony manslaughter. What I do know is that Henry & Sons Construction Company Inc. is charged with eighteen felonies including Second Degree Murder. What I do know is that both indictments contain the exact same explanation as of defendant Schlitterbahn's corporate structure: "Schlitterbahn consists of more than a dozen privately-held corporations owned and operated by the three Henry siblings. Although each corporation is technically a separate entity, the lines between those corporations are blurred. It is normal for an employee of one corporation to report to an employee at another corporation as if they were both members of the same company."

In the District Court of Wyandotte County Kansas

When I was a child in Atlanta a friend of mine vacationed in Texas. He would tell me stories of a water park that his family visited. He spoke of a sprawling mega-park featuring unique experiences more fun than anything on offer back in Georgia. Now we were young and he was probably just bragging about his family vacation but, still, I knew of the place he spoke and it already had legendary status among us people who know of, are involved in, and generally have an interest in the Amusement Industry: Schitterbahn. 

A strange word that means 'Wet Road' in German and is the name of the fabled New Braunfels, Texas water park where the water coaster was pioneered and the local German heritage is celebrated. Now I, myself, am no more than a lowly consumer of the Amusement Parks of our World. Yet my interest in the industry is and was strong enough that I knew of their pioneering work in water-based attractions and of their strong track record of in-house engineering. The water coaster was a resounding success for the park, brand, and designers of the concept. It was eventually sold-off and  installed around the world in countless popular attractions. I sought them out in my time.

As I've grown and grown less pliable my interest in theme parks, water parks and their attractions has somewhat mellowed but, I must admit, it is still my preferred vacation destination. I may not be able to recall obscure roller coasters from tiny parks in distant States but I still get on the 'ole Roller Coaster Database before I take a vacation. I may not obsess over coming attractions at distant European Theme Parks but I still see pull up Screamscape and see what's new when I happen to visit Orlando or Vegas or NYC. And, for as long as I've had disposable income, Schiltterbahn has been on a must-not-miss list should I find myself in the vicinity of the Greater Texas Region.

So when I learned of the tragedy that occurred at Schlitterbahn's Kansas City property I was rightly saddened and horrified of the details. A gruesome, untimely, and horrific end for the child. A scarring, terrifying, life-changing event for the survivors. Given the details reported in the press I suspected negligence and civil penalties to come forth (according to the star-telegram.com they did amount to about $20 million). I did not expect criminal indictments late last week nor the arrest today of Jeffery Henry (see prior hyperlink). 

The details in the indictment (the full text can be found here via KC Star), if upheld, are damning in the extreme. In the cited news clipping Schlitterbahn is offering to defend herself and her employees vigorously. As a person who might understand a little more about Amusement Industry than the average person I feel compelled to use this blog to discuss this case. As someone who has thought deeply about the repercussions of Amusement Park accidents I have a particular interest in following and reflecting on the themes of this case. I have some experience in the law and the patience to read legal documents. I have read the indictment in full. The assertions therein shock the conscience. I look forward to Schlitterbahn's response.