April 2014
H 2014 Scholarship Recipients H Communicating with Millennials H CalPRO Litigation Invalidates Inspection Fee Regulation H What Your Customer is Thinking But Won’t Tell You
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Contents The Official Publication of the Outdoor Amusement Business Association
Features 2014 Scholarships Awarded Failure to Communicate With Millennials CalPRO Litigation Invalidates Inpection Fee Regulation What Your Customer is Thinking But Won’t Tell You
12 14 15 17
April 2014
aSSoCiaTion 4 FRom The oaBa ChaiR
18 SeRviCeS, BeneFiTS & pRogRamS
“There’s No Business Like Show Business”
2014 Contribution Fund Kick-Off
goveRnmenT RegulaTionS 20 RegulaToRY updaTe
6 aSSoCiaTion BuZZ OABA Spring Board Meeting
State Legislation and Regulations
8 updaTe FRom The oaBa’S dC loBBYiST
22 doT RegulaToRY neWS
The Washington Report
23 aRnold SaFeTY ConSulTing Please Take Them Seriously
9 aS The Wheel TuRnS Who, what and where are people making news? Here’s the scoop.
24 CiRCuS memBeRS Rodney Huey follows circuses around the country.
10 on The eaRie Tom Powell reports on the industry’s shows, fairs, colorful show folks and amusing events.
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Twitter @oabainfo
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All advertisements appearing in this ShowTime publication are paid by the advertiser and the OABA reserves the right to refuse any advertising. The ads are provided on an “as is” basis and do not necessarily carry the endorsement of the OABA. In addition, the OABA does not guarantee, warrant, or endorse the information, products, or services of any corporation, organization, or person contributing to this publication.
ShowTime
oaBa oFFiCeRS
oaBa TRuSTeeS
ediToR Dee Dee Alford 407.681.9444 H deedeea@oaba.org
ChaiR Chris Lopez 1ST viCe ChaiR Michael Wood 2nd viCe ChaiR Thomas J. Gaylin, III 3Rd viCe ChaiR E. J. Dean TRuSTee 2013 Mike Featherston TRuSTee 2012 Jeanne McDonagh TRuSTee 2011 Bill Johnson TReaSuReR Larry Yaffe pReSidenT Bob Johnson
gRaphiC deSigneR Jen Burge 817.602.7254 H avicversi@att.net
oaBa diReCToRS
puBliSheR|managing ediToR Robert Johnson 407.681.9444 H bobj@oaba.org
adveRTiSing SaleS Kim Weeks 612.501.4600 H kimw@oaba.org aSSoCiaTion oFFiCe Outdoor Amusement Business Assn., Inc. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792 407.681.9444 H fax 407.681.9445 © Outdoor Amusement Business Assn. 2014
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Michael Brajevich Joe Burum Tony Cassata Brad Dallman Andy Deggeller Michael Doolan Bob Hauser Blake Huston
Stacey Jamieson Mitchell Kaliff Melissa Kibby Michael Lauther Ron Morris Ben Pickett Debbie Powers Rick Reithoffer
Lorelei Schoendienst Joseph Skerbeck Mary Chris Smith Greg Stewart Jay Strates Holly Swartz Amber Swedgan Rob Vivona
Dominic Vivona, Jr.-2010 Wayne McCary-2009 Andy Schoendienst-2008 John Hanschen-2007 Guy Leavitt-2006 Ron Burback-2005 Don Deggeller-2004 James E. Strates-2003 * Jackie Swika-2002 Danny Huston-2001 Jeff Blomsness-2000 Sam Johnston-1999 Buddy Merten-1998 * Richard Janas-1997 Jean Clair-1996 James Murphy-1995 Dominic Vivona-1994 * Bill Dillard, Sr.-1993 Tom Atkins-1992 * Red Wood-1991 Billy Burr-1990
Bob Coleman, Sr.-1989 * Milt F. Kaufman-1988 * Andy Andersen-1987 * John Vivona-1986 * Mike Farino-1985 James H. Drew, III-1984 Gerald L. Murphy-1983 * John A. Campi-1982 * Buster L. Brown-1981 * Hub Luehrs-1980 * Lloyd J. Hilligoss-1979 * Hal F. Eifort-1978 * Alfred H. Kunz-1977 * P.E. Reithoffer, Jr.-1976 * Bernard P. Thomas-1975 E. James Strates-1974 * Rod Link-1973 * C.J. Sedlmayr-1972 * John Portemont-1971 * William T. Collins-1966-70 * W.G. Wade-1965
* Deceased
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ASSOCIATION H message from the oaBa Chair
“There’s No Business Like Show Business” Chris Lopez
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ur show, RCS, is operating at the Houston Livestock Show and Rodeo in early March as I write this April’s Chair’s Message, with the temperature warming up to a nice 36° with rain that won’t seem to quit! This weather reminds me just how versatile we are in this industry and how many times have we all heard these lines…“The show must go on” and “There is no busiHas anyone figured out ness like show business,” which how a perfectly good running have a more profound meaning on amusement ride that was just put food trailer and their Starship booked days like this. Trust me when I say with RCS. It was nice to spend the that this is our only event when we away a few short months ago can time with them and visit. It had been have issues with the weather. Over have so many problems? over 20 years since Lorelei, an OABA the years, I certainly have heard director, had seen our show and I’m lots of bad weather stories from not sure when Jeanne and Tom had last seen RCS in operation. many of you throughout the season. The networking in this industry alone is priceless. Whether Tornados, earthquakes, hurricanes, snow, ice and rain and it is visiting one another’s show, sharing training and safety excessive heat, again just reinforce those statements. ideas, or picking up the phone to lend a helping hand getting As many of you are gearing up for your spring route and repairs done is HUGE and something unique to what we do! for some who may have already started with several events I say that because while Andy was visiting he was troubleunder your belt, it seems no matter how much planning your shooting a ride issue with John Hanschen who, along with business does in advance it ALWAYS seems to be you makChris Atkins and the rest of Thomas Carnival, was set up in ing adjustments, repairs or replacing down to the last minute south Texas. Andy had the right part in his winter quarters and before your first opening day of the new season. Has anyone had it shipped to John. This is what I mean when I say sharing figured out how a perfectly good running amusement ride that the same common goal. I would be willing to bet there are few was just put away a few short months ago can have so many businesses out there that share knowledge, safety issues and problems? What happens to it? Well, if it were easy everyone parts the way this industry does! would be doing it, right? I hope that many of our H-2B stakeholders with foreign Thanks to Jeanne and Tom McDonagh for the time spent guest workers have worked through the labor issues some with us in Houston. They had their spectacular Big Bamboo fun of us had a month ago. This year was the worst in regard to house, along with Andy and Lorelei Schoendienst who had a
Even after 70 years, we still get a rush from helping our customers through the ups and downs of the amusement business. Haas & Wilkerson offers the most comprehensive and cost-effective specialty programs available to operations like yours. Perhaps that’s why so many clients want us by their side year after year. To find out more, call us today. 800.821.7703 • www.hwins.com Independent agent representing ACE Westchester Specialty Group Programs Division. Most insurance products are underwritten by insurers within the ACE Group of Insurance Companies.
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delays, road blocks and excuses we have had to deal with being a part of this seasonal visa program. The “bright side” is that we all are able to get reliable workers with strong work ethics for most of our season. We couldn’t do what we do safely and as efficiently without them supplementing our American workforce. To me, it’s a huge motivator in our quest to get support of federal lawmakers and government officials for a fix. We have a great team of lobbyists assembled along with a good game plan that we intend to execute with your help this year with the help of our lobbyists in Washington, John Meredith and Joan Galvin. And thanks to all of you — especially OABA Director Mick Brajevich and his wife, Chris, with Butler Amusements — who held a great fundraiser for Representative Zoe Lofgren at their home last month. In closing, I am anxious to host and hold my first board meeting that takes place in early April in Phoenix as we work hard to help this generational seasonal business survive for many years to come. Again, I wish you a great start to your 2014 season. Do it safely, may you prosper and continue to provide great memories for your guests. H
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ASSOCIATION H association buzz
OABA Spring Board Meeting Bob Johnson, OABA President
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our OABA board is meeting this month in Phoenix, Arizona, hosted by our new Chairman Chris Lopez with Ray Cammack Shows. This is the last board meeting until the fall, when they will meet once again at the IAAPA convention and trade show held in Orlando in November. Our new Directors, Holly Swartz, Tony Cassata and Rick Reithoffer, were officially elected at our 49th Annual Meeting and will receive an orientation by our trustees as to what it means to serve on this trade association’s board, along with two alternate directors, Charlene Leavitt and Doug Burtch, who are attending their first board meeting. This is an important two-day meeting for the board, as well as the Strategic Planning Committee meeting the day prior to the official board meetings. Some of the OABA’s key committees will be meeting to talk about educational programs, membership, safety, fundraising programs and other services the OABA provides our members with specific Action Plans for committee members and the board to accomplish over the year. If any of you have any issues that you would like to have discussed by the board, I encourage you to contact me to discuss. After all, this board serves you, our members. As the OABA’s Mission states, legislative and regulatory advocacy is one of our primary purposes to help members by updating you on state and federal regulations, being proactive, and challenging legislation and regulations that are not in your best interest and by providing educational programs to help you understand what you have to do to be in compliance with regulations. Last month attorney Wayne Pierce presented another in a series of Webinars on the Midway, with a great discussion about wage/hour and audit compliance.
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The OABA has attorneys, consultants and lobbyists at our disposal, plus board members, like you, must adhere to the same regulations and can be a valuable resource to you, especially in the state(s) where you operate. This publication, ShowTime, our weekly Xtra email blast on the top three news stories in this industry, and the OABA’s website, www.oaba.org, are great resources to help educate you on important issues and challenges that confront you and others. Safe travels and best wishes as you start your mobile amusement season. H
Some of the OABA’s key committees will be meeting to talk about educational programs, membership, safety, fundraising programs and other services the OABA provides our members.
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ASSOCIATION H THE WASHInGTOn REPORT
Update From The OABA’s DC Lobbyist
PAC and individual contributions to select congressional candidates. We need to bolster our industry’s ability to make certain our key issues are heard, not just through political contributions, but through active grassroots participation designed to reinforce constituent support and provide reThe Washington Report buttal to industry criticism, by allowing access to industry by John Meredith operations, emphasizing the need and value of our H-2B workforce. The likelihood of there We find our industry trapped in a one foot in and one being any progress on our foot out scenario that decreases our effectiveness and H-2B legislative front for compromises both advocacy endeavors. As a result, we 2014 is going to be up to you, the stakeholders in this seawill have to make lemonade in two completely different vasonal foreign labor visa program. rieties, but that is the path we have As an industry, we must chosen. In order for the industry to continue to hold intimate, perWe find our industry achieve its goals, everyone is going sonal events like the successtrapped in a one foot in and to have to contribute to the PAC, ful fundraiser/dinner hosted by attend fundraisers, host worksite Butler Amusements’ Mick and one foot out scenario that tours for Members of Congress Kris Brajevich at their home in decreases our effectiveness and and answer each call to action in a San Jose for Representative Zoe compromises both advocacy timely manner. Think about hosting Lofgren. a dinner/fundraiser at one of your The more we are able to put endeavors. large fairs with your fair board and industry ambassadors — whether invite local Members of Congress. show owner, concessionaire, fair We can no longer win by sitting on the sidelines. In order board supporter or local CEO — in direct contact with key for this industry to achieve our legislative goals for the Members of Congress, the easier it will be for them to H-2B guest worker program, we are going to have to spend support us in the future. Unfortunately, this is an expenmoney and step up our game. H sive proposition that must be facilitated by substantial
CALENDAR
April 22 – 25 46th Annual IAFE Management Conference Hilton Tucson El Conquistador Tucson, AZ
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July 26 – 29 IAVM 89th Annual Conference Portland Convention Center Portland, OR
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AssoCiATion H as the wheel turns
Making News...
In MEMORIAM
Bessie mcCary passes away Bessie (Vasiliki) McCary, formerly of Rope Ferry Road, Waterford, Connecticut passed away on March 2, 2014. She is the mother of OABA Trustee Wayne McCary. Born on November 14, 1914 in Plomari on the island of Lesbos, Greece, she was the daughter of George and Mercina (Mastrogergou) Pantelis. She arrived in this country at age 10 and lived in New London and Waterford for the rest of her life. She met Richard “Mac” McCary when they each worked at the New London Textile Mills in the 1930s. Their 50year marriage lasted until he predeceased her in 1990. An avid gardener and a wonderful cook, Bessie worked at the Thomas G. Faria Corp. during the 1960s. She and Mac enjoyed several trips to Greece to visit her family and friends. Famously terse, Bessie once expressed her disappointment in the 1970s New London redevelopment by writing a letter to the editor of The Day that read in its entirety: “Main Street New London. Where is it?” In the same style she recently summed up her own life as “good daughter, good wife, good mother.” She is survived by three children, Wayne McCary, Maryann McCary and Paul McCary. H
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submission H as the wheel turns announcements or suggestions can be emailed to oaba@oaba.org APRIL 2014 | OABA ShowTime Magazine H
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ASSOCIATION H on the earie
On The Earie Tom Powell, OABA News Ambassador
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hen I mentioned in a recent column the multitude of events that take place during the trade show in Gibsonton, FL, I asked for anybody to remind me what I missed. Leave it to Dick Knoebel of Knoebel’s Amusement Resort to point out: “Your latest On the Earie did not mention the most unique event, the Polish Picnic at Showtown Bar.” Knoebel’s park opens April 26. An engineering graduate of Lehigh University in Bethlehem, PA and a proud former marine, Knoebel is known for his ability to refurbish old rides and make them look better than when they were new. He has done that for this season with a Mangels Dry Boat and Mangels Pony Cart. He’s already planning to install a new steel Roller Coaster in 2015. I told him I recalled riding a Mangels Whip ride at the now defunct Rocky Glen Park when I was a kid. “They also made shooting galleries,” said Knoebel. I looked the name up and found William F. Mangels, who lived from 1866 to 1958, patented the Whip in 1914. His company was based in Coney Island, NY. That brought back a lot of good memories. Dick again brought his fabulous soupies, a kind of Italian pepperonilike delicacy, to the picnic. Knoebel was joined by the likes of Ned Ludes, retired chairman of National Ticket Company, and his wife, Lori; Gene McQuater, Harold Case, Terri Swyear, Leah O’Neal, my wife, Christine, and me. We drank a toast to the late Andy and Ethel Osak who started the Polish Picnic tradition 35 years ago. It was Andy’s way to thank me for our friendship and stories I had written in Amusement Business. Osak always kept his eyes on Gibtown’s zoning issues. The Gibtown Club added four more members to its Hall of Fame during the banquet honoring outgoing president Gloria Myers. They are Barbara Larkee of Tip Top Shows, who was club
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president in 2000, Lee Stevens of Goin’ Ape Productions, who was club president in 2004, Betty Tanner, longtime head of Showfolks Retirement Village, and Joe McKennon, veteran author of several books about the industry. Dave Cavallaro of Cavallaro Concessions, Mendota Heights, MN, who always exhibits just inside the front gate, had a stand in the shape of a pumpkin next to his ever-present Elemonader lemonade stand. I wondered what the pumpkin represented, so I asked Dave. “We’re trying to market to what is being called agri-entertainment, which includes the corn maze and pumpkin patch people who do big business, especially around Halloween. Products would include pumpkin juice and butter beer. It would be nice to have one themed around the Harry Potter movies at Universal Studios,” said Cavallaro. He said he planned to exhibit at upcoming shows including a Corn Maze Party in Atlanta and another for Halloween Haunted Houses in St. Louis. As far as Gibtown, he stated, “We have to be there or our competition will tell the public we’re dead and buried. I, perhaps on a smaller scale than you, enjoy the week for many of the same reasons; that is reacquainting old friendships, connecting with past customers, and keeping abreast of new items and technologies. But if I had a new product and was trying to break into the industry, I would have to assess the show somewhat by the number of attendees walking through the gate. When putting a pencil to that number, I may not choose to show there and that may be the contributing factor why there is a large turnover in firsttime vendor participation and return. I really do love the club, make valuable contacts there, and will continue to show every year.” Jon Chestnut of Chestnut Identity Apparel, Brookdale, CA, said, “For us it
was a strong show even though it was weak on attendance. It does attract serious buyers who are spending money. We are very pleased with our results. We sold a lot of custom shirts and fence mesh seemed to be a very popular item this year.” I loved the note I received from Renae Korslien, manager of the North Dakota State Fair: “I just read your article and want to thank you for the On the Earie column. I read it each time the publication comes out and thought your article in the January/February ShowTime was exceptional. It enjoyed reading about the good times you have had over the years, and about all the good people in our industry. Truly that is what our industry is about, good people. “I am also very fortunate to have met so many good people. I had the privilege of working with Jerry Iverson for 30 years and he would could home from conventions and tell stories of the good times. I have had the opportunity to meet you at the Midwest Fairs meetings and hope to see you in Columbia, South Carolina this year. Keep sharing the good times.” It’s people like Renae and Jerry who allow me to keep writing about those good times. Leah O’Neil of O’Neil Amusements, who plays over 50 spots a year with her food stands, wrote a poem that closed out this year’s meeting of the Midwest Showmen’s Association with a bang: “A showmen’s life is spent at the fair. To me there’s nothing that can compare. The spots we’ve been to, and the friends we’ve seen. If you are with it, you know what we mean. From setup to teardown, each a 15-hour day. And honestly, I wouldn’t have it any other way. To me it’s the best; it’s so much fun, all the places and people under the sun. So many I’ve met out there and at the club, makes MSA sort of a hub. I need a booking. Can you
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Meeting in the lobby of the Sheraton Hotel for the trade show in Gibsonton are independent operator Tina Doolan and Phil Vivona, Amusements of America.
Food concessionaires Joe Sullivan, left, and Dave Higginbottom attended the NICA and IISA trade shows in Gibsonton.
Enjoying the Gibtown club, from left, are Jay Clements, Triple Treat Amusements; Archie (Hawk) and Becky Lidey, Tropical Amusements, and Tracy Menge.
From McCafferty Enterprises, Wayne, NJ, at the Gibtown trade show, are Dan McCafferty, left, and Mike Heaton.
Having fun in Gibtown, from left, are Al Rimes, whose wife, Teresa, is trade show secretary; food and rides concessionaire James Roy Pope, and Lisa and Willy Purdy, Amusement Attractions.
From left are David Starkey, 1995 president of the Gibtown Club; Sharon Reed, Wesley Burnett, games concessionaire who is third VP at Gibtown, and Susan Hagan. Reed and Hagan operate Pep’s Place in Pensacola, FL.
From left, at a memorial service for Bud Gilmore of Smokey’s Greater Shows, are three of his friends — Rene Piche, George Mitford, who is concession manager for the show now run by Gilmore’s widow, Jeanette; and Johnny Doolan, independent operator.
From left, at the Gibtown bar, are Leah O’Neil, O’Neil Amusements; Wayne Kunz, North American Midway Entertainment, Earl (Louisville Jr.) Scheler, and his son, Earl (Louisville Jr. Jr.) Scheler.
Checking out the equipment at the trade show in Gibtown, from left, with Amusements of America, are Keith Gillette, Shelby Royal and Morris Vivona, Jr. Royal also travels with Reithoffer Shows.
Enjoying dinner at Jesse’s in Brandon, FL during the NICA and Gibtown shows, from left, are Ron Porter, Fare Foods; Tasha and James Ingram, Deggeller Attractions, who were wed Dec. 14, and Laura Porter, Ron’s wife.
help me out? There’s someone at the club can help with my route. Cutting up jackpots and hatching a plan. If I can’t do it, there’s someone who can. I love this club. It has been a blast. This whole year went by way too fast. My year as pres is almost done. See you out there, I’ve got to run. As the song says, carry on. As the empty pages of my life story fill. I find myself blessed to have a best seller. Thank you all who have supported me this year. And a special thank you to Rob, Rich, Teri, and Olivia Louise, the future of O’Neil Amusements. Love you all with all my heart. See ya at the fair, Leah.” I saw her in Gibtown and gave her a hug. She even kissed my Scranton mug. Please send news to tomp@oaba.org, or call 615.319.1258. Have all great days, and God Bless! H
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H FEATURES
2O14 Scholarships OA B A - D u k e S m i t h m e m O r i A l e D u c At i O n F u n D
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t the OABA’s Annual Meeting in Tampa, FL in February, Jay Strates, Director of the OABA-Duke Smith Memorial Education Fund Scholarship Committee, announced that 35 deserving students would receive scholarship awards in 2014. Several of the applicants have received scholarship funds in the past and were awarded again this year in recognition of their hard work in maintaining their excellent grades. Jay recognized the $15,000 given annually by Allied Specialty Insurance and an annual contribution of $5,000 from Gold Medal Products. He also announced that several OABA board members made generous pledges at the meeting the previous day to fund all 35 scholarships this year. Mary Chris Smith of Allied Specialty Insurance announced that Branden Bogue is this year’s recipient of the $3,000 David H. Smith Memorial Scholarship awarded to the outstanding high school senior. All other applicants will receive $1,000 for fall tuition H
2014 recipientS
Laura Amoruso
Jacqueline Bossman
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Julia Barreda
Summer Bossman
Zachary Berger
Corrina Byrum
Brooke Bernath
Sean Cashin
Branden Bogue
Alexandra Cummings
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2014 recipientS
Brady Cummings
Melissa Henning
Brittany Maple
Alexis Nowak
David Soled
Abigail Doolan
Andrea Huston
Eric Marchione
Mark Ripley
Dean Taylor
Sean Doolan
Riley Lopez
Lauren McDonagh
Megan Ripley
Richard Thomas
(continued)
Shelby Grein
Jonas Lowery
Olivia Murphy
Sarah Slaggert
Shannon Truax
Katelyn Haworth
Hailley Luehrs
Phyllis Murray
Corby Smith
Matthew Wood
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H FEATURES
What We’ve Got Here Is Failure to CommunI CommunIcate witH wit H
Millennials Reprinted from Steve Goldstein – PR News
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aybe you recall Strother Martin’s pained, twisted line of dialogue spoken to Paul Newman in Cool Hand Luke, delivered after Martin has struck chain-gang prisoner Newman with a blackjack: “What we’ve got here is failure to communicate.” I thought of this line after seeing the story making the rounds yesterday that British millennials check their mobile devices every nine minutes and 50 seconds. This kind of data and story promotes the concept that millennials are an entirely different species of human, and insinuates that they’re unfocused, difficult to manage, flighty and much more addicted to technology than the rest of us. The failure to communicate with millennials — from both the brand and personal perspectives — stems not from what makes them different from the rest of the population, but from assumptions based on anecdotal evidence, bite-size statistics and generational resentment. It’s the old saw: “These kids
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today, they want everything handed to them on a silver platter — we never had it so good.” First, about the stats making the rounds yesterday: They sprang from a U.K. Daily Mail story that quoted a study conducted by a “customer service solutions” company called KANA, which has certainly succeeded in getting its name out there. Are its findings telling? Perhaps, but it’s too easy to take its showcase stat about 18-to-24-year-olds out of context. I know this is anecdotal on my part, but it seems to me that we’re all hopelessly addicted to our mobile devices. “Millennials are people, not ‘a people,’” says Jake Katz, VP, audience insights & strategy for music-focused TV network Revolt. “Behaviorally, they are more similar than different to other generations,” says Katz, who will be keynoting PR News’ Digital PR Summit in San Francisco on Feb. 5, and who was formerly general manager of Ypulse, a youth market research firm. For brands, the first step to communicating with millennials, according to Katz, is to discard the popular myth that they are massively different from everybody else, and pivot from thinking about what they are to how to communicate with the many different geographical and age ranges within the millennial demographic. It’s time to lay the proverbial generational blackjack to rest and begin the real work of learning about the people around you — on a business and personal level. H
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FEATURES H
CalPRO Litigation Invalidates California Regulation Regarding Inspection Fees O n March 11 OABA affiliate California Portable Amusement Ride Operator’s “CalPRO” coun-
Division safety engineer. Because the flat fee was not directly
related to the actual cost of an inspection, the regulation vio-
lated section 7904 and was invalid. It was from this ruling that DOSH appealed.
sel, Boyd Jensen and Betty Fracisco,
The Los Angeles Court of Appeal, after reviewing standards
announced the Los Angeles Appellate
of review, relevant principles, and carefully analyzing regula-
Court’s very favorable opinion declaring invalid a 2010 enacted regulation tripling ride inspection fees. This effort,
Boyd Jensen II
tion 344.18, held that California Labor Code section 7904 (a) did not authorize section 344.18(b) and that the lower court
pursued by OABA members in California, was the culmination
properly granted CalPRO’s Motion for Summary Adjudication,
of several years of work repelling the fee increase by injunc-
and properly denied DOSH’s competing motion.
tions and lower court rulings, which the Los Angeles appellate court unanimously upheld. Jensen indicated that California’s inspection unit could still appeal further to the California Supreme Court, but he believed that unlikely.
HiSTORy Of LiTiGATiON CalPRO LLC was formed almost 10 years ago when California
LESSONS TO BE LEARNED fOR PORTABLE OPERATORS NATiONWiDE Jensen believes there are a number of important lessons learned which may benefit OABA members nationwide.
SafeTy First it is to “never relinquish to anyone the position as
Division of Occupational Safety and Health “DOSH”, under the
guardian of safety.” Jensen argued “The number one priority
Department of Industrial Relations, began advancing a program
of ride operators is to be safe. Most are generational families
of ride inspection fee increases. Inspection fees at that time
whose children and grandchildren have grown up in this busi-
were already among the highest in the nation at $125 an hour.
ness. They ride their rides. Their children and grandchildren
Research from the United States Bureau of Labor Statistics,
ride their rides. Further, to have a profitable amusement ride
National Compensation Survey December 2007-January 2009
business one needs to have fun. People can have fun and be
revealed that in all safety-related inspection and engineering
happy only when they feel safe and are in fact safe.” He went
occupations, compensation rarely exceeds $40 hourly.
on, “Safety starts from the designer to the manufacturer, but
In June 2009 at hearings, CalPRO members along with OABA
the most important level is the daily and hourly inspections by
President Bob Johnson, representing OABA members nation-
the ride operators themselves. A second level yearly by insur-
wide, objected to attempts to raise “hourly rates” to $308.
ance company representatives; a third level multiple times
While this was successfully rebuffed, DOSH again in 2010
each year by the fair safety inspectors; and the fourth layer
sought higher fees with a seemingly more palatable approach.
of inspections by regulators which help portable operators
This new regulation 8 California Code of Regulations, section
provide a good business and a safe business. This standard of
344.18 authorized increased inspection fees and annual flat
safety requires vigilance and the concomitant investment in la-
fees for portable amusement rides, raising the hourly inspec-
bor and refurbishment, which may suffer serious erosion when
tion fee to $195 per hour, BUT also including a graduated “an-
the fourth level of inspection, obtaining your permit, costs
nual flat fee” assessment of $25 dollars for small rides, $365
more and does less.”
for medium rides, $740 for large rides and $1,475 for the larg-
PeRmaNeNT Ride OPeRaTORS aNd PORTable Ride OPeRaTORS diSTiNGuiShed
est rides. Essentially the $308 hourly fee increase proposed in 2009 had been repackaged in 2010 through this new combined hourly plus flat fee assessment. In February 2011, CalPRO filed a complaint that section CCR
Permanent Rider Operators, or parks, are often treated differently in terms of fee assessment…and they should be. In California, for example, the parks are required to pay all the
344.18 was invalid and unenforceable. CalPRO requested and
“general costs…for administration” (Labor Code§ 7979.) Portable
obtained a preliminary injunction, enjoining enforcement of
ride operators only have a limited obligation to pay “the actual
section 344.18 thereby maintaining inspection fees at their pre-
cost of the inspection” (Labor Code §7904.) Jensen points out
vious rate. Soon thereafter, CalPRO filed a Motion for Summary
that “Often regulators make no distinction between the history
Adjudication. DOSH also filed a Motion for Summary Judgment.
and culture at public supported festivals, fairs, churches, shop-
The Court heard the dueling motions, ultimately ruling in favor
ping malls, plazas and community centers where portable ride
of CalPRO. The court held that the annual flat fee travel and
operators work….in all corners of the state — including sparse-
administrative cost provision in section 344.18 violated Labor
ly-populated areas. To exact the state regulatory budget from
Code section 7904(a), which permits the Division to assess fees
the meager revenues of the schools, parents, boy scouts, girl
necessary to cover only the actual cost of an inspection by a
scouts, 4H, municipalities, towns, farmers, students, policemen, APRIL 2014 | OABA ShowTime Magazine H
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firemen, volunteers and participants, at fairs and festivals
not always take into account the economic affect to the fairs,
across the state, in like manner as Wall Street-traded theme
churches, fiestas, festivals, shows and other events where there
parks is inequitable in the extreme.”
are existing contracts, which have already set fees and ride
CaRNivalS’ POSiTive COmmuNiTy eCONOmiC imPaCT Jensen argued to the appellate court in Los Angeles that
prices and operational schedules and procedures.
alTeRNaTiveS TO GOveRNmeNT iNSPeCTORS Independent private inspectors are an example of an alter-
“Carnivals are an intrinsic part of our culture, and local fairs,
native inspection resource. Authorized in California but not
festivals, farmer’s markets, fiestas, exhibitions, expositions and
implemented, using private amusement ride inspectors has
other events sponsored by local schools, churches, clubs, food
been proposed by CalPRO members and even new regulations
vendors and other agriculture and amusement sponsors, play
written. Portable ride operators in California have been trying
host to this important community event.” Carnivals are often the
to direct the Division’s attention to increase safety and reduce
largest revenue resource, and most important public attraction.
costs by proposing the use of “statutorily authorized.” Division
Including the indirect local economic benefit of carnivals com-
costs for inspections could be reduced using qualified insur-
ing into the community, purchasing gasoline and food at local
ance inspectors, as authorized in many states, or also other
stores, hiring local labor — especially the unemployed — they
private inspectors.
contribute in many other ways. Jensen quoted statistics that carnivals in California are a multi-million dollar generator of tax revenue. Without resources for new rides and the revenue to employ workers, this economic impact would be diminished. The furthermost counties in California would be hardest hit. Those who are not close to the large theme parks and who rely upon
THANKS TO OABA AND CALPRO BOARD Boyd Jensen, who managed this litigation and argued at all hearings, singled out the CalPRO board members (Chris Lopez, Tony Guadagno, Dave Helm, Michael Wood and Bruce Pearlman)
the fairs and festivals for their amusement experience.
for praise; and particularly Jim Hall of Butler Amusements, Inc., its
ClaRify The CaRNival/faiR RelaTiONShiP
their board. “Jim was present for every hearing no matter what,
Regulators often do not take into account that the dates,
and Bob was present whenever we needed him. The faith of the
times, hours of operations, ride types and general administra-
OABA board in what we were doing was so appreciated.” Jensen
tion of a midway are not just the responsibility of the carnival.
also made special mention of recent Hall of Fame inductees Guy
Most fairs and spots enjoy retaining administration over every-
Leavitt of Ray Cammack Shows, Inc. and Butch Butler of Butler
thing so they can control their own profit centers. Government-
Amusements, Inc. for their willingness to join together to stand up
stipulated fee increases or other changes in procedure do
to government regulators, which happens infrequently. H
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current president; and also Bob Johnson, president of OABA and
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FEATURES H
What your customer
thinking
If I am paying you my money, then I’m your boss! by Charles marshall
A
lmost every weekend I hand my credit card to some rental car company for the privilege of using one of their cars for a day or two. A couple of months ago, I showed up at a rental car location to pick up a car I had reserved. When I arrived, it turned out that there was a huge disconnect between the car size that I had reserved on their website and the car that the rental location actually had for me. It was important that I get a larger car because I had my family with me, and the only cars that the rental car company had available were smaller models. By the way, since I’m about to say some bad stuff about this particular company, I don’t feel comfortable mentioning their name, so let’s just say the name of the company was Schmudget Rental Car. There. That’s obscure enough. No one will ever crack my code and figure out who I really mean. In response to my problem, the customer service rep at this Schmudget Rental Car location opted for the I’m-Just-WorkingHere-Until-My-Band-Gets-A-Record-Deal customer service method. It did not inspire great confidence in me. Two hours after I arrived, I was still at the same location trying to get the right size car, and my patience was wearing thin. When I suggested to Beavis that maybe this matter is important to him since I am the reason he has a job, he made the incredible statement, “the customer doesn’t pay my paycheck. The company does.” Wow. If you don’t see the complete inanity of this remark, then you might also be occupying the same strange universe as Beavis: a strange world where money mysteriously appears in the company bank account and then is distributed to employees who seem determined to destroy the company from within. After a great while, I finally got the vehicle I had reserved and I was once again on my way, no thanks to my Rock-N-RollWanna-Be friend.
I couldn’t begin to imagine that the manager of that rental location knew his employees were dispensing this type of: A] Customer non-service, and B] Fairy-Tale notions about where money comes from. So, I called their regional office and related the story to their manager who didn’t sound happy to hear from me.
Handy Customer Service Tip #213 :
If, per chance, an unhappy customer complains to you about your company’s product or service, get down on your knees and thank them profusely. Whether you know it or not, they are doing you a huge favor. For every customer who actually speaks up and tells you what he is thinking, there are hundreds who will walk out the door and keep their own counsel. And I don’t mean to pick on poor Schmudget Rental Car. I’ve rented from them scores of times and have been perfectly satisfied with the experience. My point in relating this particular situation is that if a customer is standing in front of you, you must tacitly concede that they are the reason that you have a job. They are the ones that allow you to provide food, shelter, transportation and healthcare for your family. They are the ones that allow you to go on vacation, go out to eat, or do whatever it is that really flips your switch. In short, the customer is your boss and should be treated with all the deference, respect, and loyalty that is due to the person handing you your paycheck. In a struggling economy, this one principle might be all that stands between a prosperous business and one that is forced to close up shop. H © 2013 Charles Marshall. Charles Marshall is a nationally known humorous motivational speaker and author. Visit his Web site at http://www.charlesmarshall.net or contact him via e-mail at charles@charlesmarshall.net. APRIL 2014 | OABA ShowTime Magazine H
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ASSOCIATION H services, benefits & programs
PROGRAM
• Get Your Contribution Fund Tickets Now • This is deductible as a business expense
OABA Contribution Fund Program
THE OABA’S CONTRiBuTiON fuND offers three different plans to meet your show’s contribution to the OABA and in turn rewards the show and concessionaires for these donations.
WHy SHOuLD i PARTiCiPATE? You will be given the opportunity to receive cash prizes for your contributions to this program and help the OABA protect the carnival industry.
WHAT iS iT? Fund-raising for the OABA has always been based on the generosity of its members and depends on members to pay their fair share, the theory being that the organization belongs to the members who raise relevant issues and in the belief that they will also underwrite activities. Support and participation of enough members will provide the revenue necessary to continue and improve on membership services.
HOW iS iT HANDLED? This OABA program advises member carnivals to collect funds from all office-owned and independent concessions and rides, side shows and arcades. When the show owner collects the money, they need to give or complete a receipt. The show or concessionaires then send the receipts to the OABA office, which will be eligible for monthly and annual incentive prizes. Please note that it is important to include your phone number on your receipt, as we want to be able to contact you when you win!
WHAT iS THE MONEy uSED fOR? The funds collected for this program are earmarked for legal, legislative and lobbying issues. Also, funds are used to continually upgrade member services. CAN’T i JuST CONTRiBuTE? Sure, but then you lose out on the opportunity to participate in winning cash incentives.
SEND iT ALL iN! Funds are solicited and contributed in the name of the OABA. Once money is collected, please send it monthly to the OABA office in form of a check or money order. You may check ShowTime magazine where the contributions and monthly winners in each plan will be published monthly. H
Bronze Plan
Contribution from Concessions & Rides $5.00 per event Monthly drawings April-October final drawing in february First Prize $300 First Prize $3,000 Second Prize $200 Second Prize $2,000 Third Prize $100 Third Prize $1,000
Silver Plan
Contribution from Concessions & Rides $10.00 per week Monthly drawings April-October final drawing in february First Prize $400 First Prize $4,000 Second Prize $300 Second Prize $2,000 Third Prize $200 Third Prize $1,000 bronze and Silver Plans: If the carnival contributions exceed $5,000, 2015 OABA dues are waived for carnival.
Gold Plan
Contribution from Concessions & Rides $5.00 per day Monthly drawings April-October final drawing in february First Prize $500 First Prize $5,000 Second Prize $400 Second Prize $2,000 Third Prize $300 Third Prize $1,000 Gold Plan: If the carnival contributions exceed $10,000, 2015 OABA dues are waived for carnival.
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Essay Contest Winners
T
he 2013 Essay Contest sponsored by the OABADuke Smith Memorial Education fund resulted in three excellent essays submitted by talented young writers! Macey Kenna, Lauren McDonagh and Shelby Grein each received $250 for their efforts. Look for these essays to be published in future editions of ShowTime. This month’s featured essay was written by Macey Kenna, age 11.
I could envision myself working in the carnival industry. I would love to design rides. During fall break my family went to Disney World. There were a lot of rides there, but only a few I really liked. I loved the roller coasters! Some rides there were out dated, nothing for kids my age. I want to make rides that can entertain kids my age. There were only the roller coasters. I loved the design, and the confusing twist and turns. There was one called the Rock ‘n’ Roller Coaster Starring Aerosmith. Even though it was based on Aerosmith, I still like the ride. It also went upside down, which is a big plus for me. There should be more rides like that! There was also a ride that was based on dinosaurs. I don’t like dinosaurs, but the ride jerked back and forth, up and down, and all over the place. It also had flashing lights. There was also the excitement in the person who was talking through the speaker. That is entertaining. There was also the Tower of Terror! You ride an elevator up and down through the haunted hotel. Who does not like rides that drop? It was frightening. That is what we love! We are also into music. So there was the America Idol Experience. My opinion is they should have a ride based on American Idol where you ride through a haunted studio while playing music by people that were on the show. I would love to ride rides like that! Who would not want to be in this Industry?! Popular rides are the ones that are flashy and play the best and popular music. Lots of rides don’t have that. I would bring that in to the world for all to know. In conclusion, having a career in this business would be amazing. H
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government regulations H regulatory update
State Legislative Issues new jersey By Lary I. Zucker, Esquire, Counsel, New Jersey Amusement Association and Marshall, Dennehey, Warner, Coleman & Goggin LIZucker@mdwcg.com
Twister / Maverick Moser . . . . . . . . . . . . $399,000 Disco Zamperla . . . . . . . . . . $399,000 Drop Tower / Trailer Mount ARM . . . . . . . . . . . . . $299,000 Kite Flyer Zamperla . . . . . . . . . . . $99,000 Tornado / Trailer Mount Wisdom . . . . . . . . . . . $109,000 Scooter 1800 / Trailer Mount Majestic . . . . . . . . . . . $224,000 Drop Tower Moser . . . . . . . . . . . . . $89,000 Americana Carousel 28’ Chance . . . . . . . . . . . $119,000 1989 Orbiter / Trailer Mount . . . . . . . . . . . . . . . . . $205,000 Sea Dragon / Trailer Mount Chance . . . . . . . . . . . $189,000
contacting the staff engineer until near the end of the initial review period.) These are two small but the engineering review
Operator Training
process and make it more
Certification;
2. The DCA expects a heavier
summarizing the 2014 proce-
than normal workload for
dural changes:
the four full-time engi-
1. At the request of the
neers due to development
NJAA, the DCA will be
in the Meadowlands and
implementing two new
Sandy-related projects at
procedures to enhance
the shore. As a result, the
the flow of information
DCA is urging all amuse-
regarding applications for
ment ride owners to sub-
Type Certification and
mit their applications and
Individual Approval.
permit renewals as soon
manufacturers and owners who apply for TCs or IAs will receive e-mail notifications from the DCA acknowledging receipt of the application.
take effect in 2014.
H Elimination of the requirement for a Manufacturer’s
The following was provid-
Beginning this month,
tory proposals that will
important steps to reform
transparent. ed by DCA’s Ashraf Tahoun,
3. There are three new regula-
H Eliminating the requirement for Acceptance Inspections for inflatable rides;
H Allowing individuals with a Pennsylvania General Inspection License to serve as RCMTs.
new york The New York State Association of Agricultural Fairs held their annual lobby day in Albany on March 3 with
as possible. If everyone
some 30 fairs, carnivals and
waits until April or May to
concessionaires represented.
submit their paperwork,
Lobbyist Todd Vandervort
the engineering review
spearheaded meetings and a
process will slow down
full day’s agenda, ending with
for everyone.
the Farm Bureau reception.
This e-mail will also provide the DCA project number and the name of the staff engineer assigned to review the application. These e-mail notifications will be sent out
Nitro / Freak Out Style Ride Zamperla . . . . . . . . . . $379,000
within one week of receipt
Baja Buggy / Trailer Mount Zamperla . . . . . . . . . . . $59,000
engineers will complete an
Pharaoh Fury . . . . . . $449,000
tion package within 30 days
Eli #16 Trailer Mounted Wheel . . . . . . . . . . . . . . . . . $199,000
In addition, DCA staff initial review of the applicaof receipt of the package by the DCA. During this initial review period, the staff
RequesT A CoMpleTe lisT Call Len Soled or John Coburn
engineer will determine if
908-526-8009
complete, or if additional
VisiT ouR Web siTe http://www.rides4u.com
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of the application.
the application package is documentation is needed. (The DCA has requested that applicants refrain from
NYAAF Lobby Day, Albany, NY – In this photo with the new Commissioner of Agriculture Richard Ball, center, are Christina Layne, special assistant to commissioner; Bob Johnson, Debbie Powers, Fair Association lobbyist Todd Vandervort, Jim Strates, Jay Strates and Joey Sofo.
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entertainment on fairgrounds,
place also would have to be
Falls after a 2013 carnival
and an exemption from the
inspected daily.
accident that left two teenage
state’s overtime regulations for seasonal carnival employ-
The measure was proposed by Rep. Steve Hickey of Sioux
girls suspended upside down on a ride. H
ees to mirror surrounding states and conform to the federal government’s FLSA exemption for seasonal, amusement and recreation businesses.
south dakota The South Dakota Legislature has given final NYS Lobby Day – Corey and Allison Ward, CAC Enterprises, seen here with their Assemblyman, Samuel Roberts.
approval to a measure that would further regulate amusement rides with SD 1168. The bill’s sponsor, Sen. Al Novstrup of Aberdeen, says the bill would impose regula-
Attendees were intro-
tions similar to those in other
duced to former Agriculture
states and is supported by in-
Commissioner Pat Hooker,
dustry trade groups. Novstrup
who now serves the gover-
is president of Thunder Road,
nor as Assistant Secretary
a chain of family fun parks in
of Agriculture and they met
the Dakotas. Mobile amusement rides,
the incoming Agriculture and Markets Commissioner
such as those that travel
Richard Ball.
from state to state, already
The bills the industry was
must have insurance. The bill
lobbying for concerned the
would require those rides to
restoration of Fair Premium
have yearly certified inspec-
Funding, exemption from
tions and daily inspections by
local licensure of exhibits or
operators. Rides fixed in one
Through the smiles, the seasons & the miles – Financing everything for the outdoor amusement industry since 2000.
Prairie Financial The outdoor amusement Division of Boulevard Bank
Paul Muller
pnmuller@blvdbank.net
Wade Muller
816-554-3863
Mark Walker
blvdbank.com/outdoor-amusement
wmuller@blvdbank.net
A division of
mwalker@blvdbank.net april 2014 | OABA ShowTime Magazine H
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government regulations H DOT regulaTOry news
DOT Regulatory News Administration, House Tax
$302 billion surface trans-
provide a long-term funding
Committee Chair Release
portation spending bill that
solution to infrastructure
Transportation Funding
would increase spending on
spending concerns.
Plans
highway, bridge and transit
President Obama and
programs without raising
President Announces
U.S. House Ways and Means
federal fuel taxes or other
Next Round Of Truck Fuel
Committee Chairman Dave
taxes. The president’s plan
Efficiency Standards
Camp (R-MI) have each
class for $150 billion in
released plans for funding
one-time transfer payments
distribution facility out-
the surface transportation
funded by “cuts in corporate
side of Washington, DC
program. Both plans include
tax loopholes.”
on February 18, President
Speaking at a Safeway
H Engine and powertrain efficiency improvements
H Aerodynamics H Weight reduction H Improved tire rolling resistance
H Hybridization H Automatic engine shutdown
H Accessory improve-
Obama announced a new
ments (water pumps,
Highway Trust Fund from
proposal, also released
round of fuel efficiency and
fans, APUs, air condi-
general fund monies to sup-
February 26, would dedicate
greenhouse gas standards
tioning, etc.)
plement fuel tax revenues.
$126.5 billion to the Highway
for medium and heavy-duty
Without some new source of
Trust Fund to supplement
trucks beginning in March
DOT Report Finds
revenue, the HTF is expected
current fuel tax and other
2016.
CSA Better Than Prior
to become insolvent by
revenue streams.
large transfers into the
September 2014. On February 26, President Obama Called for a four-year,
Rep. Camp’s tax reform
Even if these corporate
The President’s statement directs the EPA and
Enforcement Program The Federal Motor Carrier
tax reform plans are enacted,
the DOT’s National Highway
Safety Administration has
however, the plans do not
Traffic Safety Administration
also released a report on the
to develop and issue a final
CSA’s SMS, conducted by the
rule on the next phase of
DOT’s Volpe Center. The study
medium- and heavy-duty
looked at two years of data
vehicle fuel efficiency and
for a group of motor carriers
greenhouse gas standards
and then followed those carri-
by March 2016. Under this
ers for 18 months.
THE
EXPERTS
IN FOREIGN LABOR FOR THE ust ry! Mobile Ente rtainment Ind
With over 30 years experience in getting the job done! Full service filings with the US Dept. of Labor, US Dept. of Homeland Security, Customs & Border Patrol and The Dept. of State! Recognized as the industry leader in legislation, regulation, litigation and compliance.
timeline, the agencies are
The study found that
expected to issue a Notice
companies the SMS would
of Proposed Rulemaking by
have identified for inter-
March 2015. This second
ventions, such as roadside
round of fuel efficiency stan-
inspections, warning letters
dards will build on the initial
and on-site investigations,
standards for medium- and
had a future crash rate of
heavy-duty vehicles for mod-
more than double the na-
el years 2014 through 2018.
tional average. In addition,
The Administration believes
79 percent of the carriers
these existing standards
that SMS would have ranked
will save vehicle owners and
as high risk in at least one of
operators an estimated $50
the seven safety categories it
billion in fuel costs and save
monitors, had higher future
530 million barrels of oil.
crash rates compared to
In developing the stan-
Now is the time to start working on your labor needs for 2014! Email or call today! CARNIVAL.WORKFORCE@GMAIL.COM | (956) 748-0550
those it would not have iden-
dards, EPA and NHTSA will
tified. The study concluded
assess advanced technolo-
that the SMS was working ef-
gies that may not currently
fectively to identify high-risk
be in production, and will
carriers for future enforce-
consider:
ment interventions. H
WWW.JKJWORKFORCE.COM
22
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please Take Them Seriously By Eric Arnold, Arnold Safety Consulting I have written at least two columns for the ShowTime detailing the consequences of an Unsatisfactory safety rating. Due to the increasingly aggressive posture of the Federal Motor Carrier Safety Administration (FMCSA), another column is warranted. The FMCSA issues ratings at the conclusion of its audits. If violations are discovered, a motor carrier may be rated Conditional, or Unsatisfactory. The Unsatisfactory rating means numerous violations were discovered, or the motor carrier had numerous accidents, or both. A motor carrier who does not transport hazardous materials or passengers, such as OABA members, has 60 days to get approval from the FMCSA in order to keep operating. This approval comes in the form of a rating upgrade to Conditional, which allows a motor carrier to keep operating indefinitely. If a motor carrier fails to win approval within the 60 day period, it is no longer allowed to keep operating. In the past, winning approval from the FMCSA was a relatively routine matter. A motor carrier would submit paperwork to the FMCSA detailing how it has corrected the violations discovered, and how it has implemented systems to ensure the violations do
not happen again. The FMCSA would almost always work with the motor carrier to coach it through the upgrade process, to ensure the carrier was complying with the rules, and to see it was not needlessly placed out of business. Those days are long gone. This current version of the FMCSA has been directed by its bosses in Washington to aggressively enforce the regulations and to pull the DOT numbers of carriers whenever it thinks it prudent. If an OABA member is given an Unsatisfactory safety rating, it is critical it begin working on getting the FMCSA rating upgrade immediately! The local FMCSA offices are unable to review all of the petitions they get in a timely manner, with the result being it is often weeks before a carrier’s petition is even read, let alone ruled upon. Remember, you only have 60 days to get an upgrade out of FMCSA before they pull your DOT number. Petitions which do not dot every I, and cross every T are rejected, even if it means the carrier is placed out of business. As if that is not bad enough, the agency recently revised its fine assessment model which it uses to assess civil monetary penalties. Not surprisingly, the penalties they are now assessing are much higher than the previous ones. In many cases, the penalties are as much as double what would have been assessed just a year ago. I have been working in the trucking regulatory field since 1990. The first 13 years were with the FMCSA. I resigned in 2003. I have spent the past 11 years operating my own consulting company, helping motor carriers comply with FMCSA’s increasingly byzantine regulations. I have never seen the agency as draconian and harsh as they are now. Please take them seriously! H
Eric Arnold, owner of Arnold Safety Consulting, is a former U.S. Department of Transportation agent, with 24 years regulatory and transportation compliance experience. His column will appear periodically in the ShowTime magazine. As part of your OABA dues, Mr. Arnold is available for free consultations regarding the DOT rules and regulations.
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ASSOCIATION H circus members
From The Center Ring Connecting & Protecting the Circus Industry! Rodney Huey, RAH PR Strategies OABA Circus Media Consultant
W
inter’s “polar express” that gave way to a new “polar vortex” may finally be subsiding this month, albeit leaving behind a battered path from the West Coast to the Northeast. Several circus performances had to be cancelled last month due to the inclement weather, but by and large “neither snow nor rain nor heat nor gloom of night” kept true circus lovers away from America’s Big Top experience. Ringling Bros. and Barnum & Bailey’s Legends, Built to Amaze and Super Circus Heroes plied their way through a stormy March toward major East Coast openings in April; the Big Apple Circus is hunkered down in Boston this month; while universoul treks cross-town from the Bronx to Brooklyn. Coles Bros. Circus continues it northerly heading for its annual New York-area openings, and Circus Vargas stays warm and dry in southern California. Each spring two circus-related events oc-cur near Altoona, Pennsylvania. First, the Ringling Bros. and Barnum & Bailey train passes around the famed and picturesque “horseshoe bend” on the Norfolk Southern Railway’s Pittsburgh Line. The second is the Altoona Circus Bonanza hosted by the forepaughBarry “Grandma” Lubin Circus fans Association Tent No. 2 in nearby Duncanville. This year, Lubin himself will be the guest of honor and entertain CFA fans from Pennsylvania and surrounding states. Springtime 2014 also means World Circus Day observances worldwide. Created and hosted by the Monte-Carlo-based federation ederation Mondiale du Cirque,, WCD-related celebrations will begin on March 20 — uN’s international Day of Happiness — and culminate with the fifth Annual World Circus Day slated for Saturday, April 19. Showing your true circus colors on World Circus Day requires only four simple steps (an easy task for any reasonable circus fan!): 1. plan any circus-related event; 2. register it at www.circusfederation.org/register_wcd_event; 3. build a human pyramid with your friends and take a group “selfie”; 4. upload your digital photo at www.circusfederation.org/upload_wcd_photos to become part of the World’s Longest Digital “Pyramid of Happiness.” Additionally, amateur and professional photogs can enter their
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favorite circus photos into this year’s World Circus Photo Contest that ends on World Circus Day (see Photo Contest on the Federation’s website). Giving it the ol’ college try are student circus performers with florida State university’s flying High Circus and illinois State university’s Gamma Phi Circus. Flying High will open its Annual Home Series Performances at the Haskins Circus Complex on April 3; and Gamma Phi will be presenting its Spring Show in the Redbird Arena on April 11–12. The Circus Harmony youth group will open its flying Trapeze Center this month at St. new f Louis’ union Station train depot and marketplace. According to Circus Harmony founder Hentoff, the flying trapeze center Jessica Hentoff will serve as a place for “recreational flying and will also help fund our social circus programs.” Funds for the new center were generated through the youthbridge Social Enterprise and innovation Competition (SEIC), the Regional Arts Council and Daughters of Charity f foundations of St. Louis. Theatrical production veteran Scott Zeiger has been named president and managing director of Cirque du Soleil’s Division. Zieger, new Cirque Theatrical Division Clear Channel alum and co-founder of BASE Entertainment, has a long history of presenting Entertainment theatrical successes in Las Vegas, including a sixyear run of ““Phantom” and “Rock of Ages” at the Boys” at Paris and “Absinthe” at Venetian, “Jersey “ creCaesars Palace. His primary responsibility will be to cre ate “Broadway-type shows” with traditional “book, lyrics and definitive storylines” designed to “play anywhere in the world.” Cirque Theatrical will be based in New York City. According to Ben Bromley of Capital Newspapers, Circus World Museum in Baraboo, Wisconsin is trying to free up storage space by culling its collection and “finding new homes for items that don’t fit” CWM’s criteria. Proceeds will be used “toward the restoration and acquisition of Circus World artifacts and archival
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materials.” Since CWM boasts one of the world’s largest historical circus archives anywhere, that will be one big yard sale! Glen Kohlberger, president of Clowns of America international, recently told Natalie Musumeci of the New york Daily News that there is a worldwide shortage of clowns. Kohlberger based his observation on the fact that CAI’s membership “has plummeted since 2006.” Likewise, membership in the World Clown Association confirms a drop in its membership from 3,500 to 2,500 members since 2004. The reason for the decline, at least according Kohlberger, is that older clowns are dying off while young people have little interest in pursuing professional clowning as a career. However, Kohlberger’s reasoning doesn’t ring true with David Kiser, Ringling’s Director of Talent and former clown himself. The Greatest Show on Earth recently held clown auditions during its Brooklyn run last month at the Barclay’s Center. Ringling press material claims that it receives 4000 applications for Clown Alley each year, and selects about 15 new clowns for its traveling units. The old Circus Arena in Venice, Florida is looking a little barren since its roof and skin was removed last fall, leaving only its steel skeletal framework. City fathers are still undecided about what to do with the former Ringling Bros. and Barnum & Bailey Winter Quarters site. For a unique “drone’s-eye tour” through the defunct building via Chuck Sley’s remote model helicopter ride, see www.youtube.com/watch?v=J0kf8EowTNw. The 2014 Winter Olympics in Sochi, Russia highlighted some of the world’s best skiers, snowboarders, bobsledders and skaters. The opulent Closing Ceremonies included a “Magic of the Circus” segment as a tribute to Russia’s great circus history with hundreds of Russian performers. But according to reliable circus enthusiasts, NBC-TV edited out
2014 Circus Fund Circus Producers Association. . . . . . . . . . . . . . . . . . . Kathleen Nelson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill Morris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alliance of Professional Animal Exhibitors & Owners National Showmens Association. . . . . . . . . . . . . . . . . Bari L. & John E. Hart, Jr. – with appreciation to Jan & Bill Biggerstaff for Circus Report . . . . . . . . . . . . . OABA Tampa Circus Unit Meeting . . . . . . . . . . . . . . . Welde’s Big Bear Show. . . . . . . . . . . . . . . . . . . . . . . . . Felix Adler-Paul Binder Tent No. 12, CFA . . . . . . . . . . Paul Gutheil – in fond memory of Jim Hamid, Sr. . . . . . . . . Stephen A. Partyka – in honor of Wayne McCary . . . . . . . Wayne Scheiner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paul Gutheil – in fond memory of Arthur Duchek . . . . . . . Armand Ortiz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Misc. Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL
. . . . .
. . . . .
. . . . .
3,000 1,000 . . 500 . . 500 . . 250
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. 250 . 206 . 150 . 100 . 100 . 100 . . 60 . . 50 . . 40 . . 40
$6,346
To contribute to the Circus fund, make your check payable and send to: OABA Circus fund, 1035 S. Semoran Blvd., Ste. 1045A, Winter Park, fL 32792 It is important that we maintain this fund so we are able to hire professionals to assist with challenges such as legislation that threaten our members’ businesses. Please consider and make your contributions to this very important resource pool. Feel free to be creative such as matching dollars, innovative fundraisers, endowments and memorials, to name a few. Another option is to designate a percentage or daily amount of your ride operation to be set aside for this important fund.
complete segments of the circus production for its prime-time American coverage — a shame for circus fans worldwide. It looks like you just can’t keep a good elephant down. Remember Carol, the 39-year-old Ringling Bros. and Barnum & Bailey performing pachyderm that was shot in a drive-by in Tupelo, Mississippi last April? Well, she’s back on the road more fit than ever after her full recovery at a Ringling facility near Springfield, Missouri. Welcome back, Carol! H
APRIL 2014 | OABA ShowTime Magazine H
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ASSOCIATION H Market Place & advertisers’ index
Advertisers’ Index APRIL 2014 ADVERTISERS
MARkET PLACE
Allied Specialty Insurance. . . . . . . . . . . . . . 7 Berk Paper & Supply . . . . . . . . . . . . . . . . . 21 Chestnut Identity Apparel . . . . . . . . . . . . . 6 Coca-Cola . . . . . . . . . . . . . . . . . . . . . . . . . IFC Eli Bridge Company. . . . . . . . . . . . . . . . . . 19 Farrow Finance . . . . . . . . . . . . . . . . . . . . . 19 Firestone Financial . . . . . . . . . . . . . . . . . . 16 Gold Medal Products . . . . . . . . . . . . . . . . . . 9 Gull Wing . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Haas & Wilkerson Insurance . . . . . . . . . . . . 4 Hitch-Hiker Manufacturing . . . . . . . . . . . OBC JKJ Workforce Agency . . . . . . . . . . . . . . . . 22 Lifetime Products . . . . . . . . . . . . . . . . . . . . 5 Midway Stainless Fabricators . . . . . . . . . . . 5 Norton Auctioneers of Michigan . . . . . . . . 26 Owen Trailers . . . . . . . . . . . . . . . . . . . . . . 26 Prairie Financial . . . . . . . . . . . . . . . . . . . . 21 Rides 4-U. . . . . . . . . . . . . . . . . . . . . . . . 8, 20 Schantz Mfg. . . . . . . . . . . . . . . . . . . . . . . . IBC Sippers by Design . . . . . . . . . . . . . . . . . . . 25 Victor Products . . . . . . . . . . . . . . . . . . . . 26
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ShowTime
Outdoor Amusement Business Assn. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792