May 2015
n i n o s a e S g n i w S l l Fu In This Issue: H OABA Leadership in H-2B Cooperative Advocacy H Performing and Exhibition Animals in the Mobile Amusement Business H Essay Contest Winner H ASTM Looks at Jet Packs
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Contents The Official Publication of the Outdoor Amusement Business Association
Features Finally! Jet Packs! New OABA Advertising Sales Team OABA’s Commitment to Owners of Performing and Exhibition Animals in the Mobile Amusement Business Prairie Financial, Inc. is now OA Finance, LLC
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May 2015
ASSOCIATION 4 FROM THE OABA CHAIR
18, 22 SERVICES, BENEFITS & PROGRAMS
Spring Board Meeting with “Pono”
Jammin’ Jamborees and Contribution Fund
6 ASSOCIATION BUZZ Season in Full Swing
GOVERNMENT REGULATIONS 24 DOT REGULATORY NEWS
8 ON THE EARIE
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Essay Contest Winners
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OABA Leadership in H-2B Cooperative Advocacy
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State and Federal Legislation and Regulations
Tom Powell reports on the industry’s shows, fairs, colorful show folks and amusing events.
circus members 26 from the center ring
18, 20 photo gallery The OABA catches members in action.
Rodney Huey follows circuses around the country.
28 CAPITOL UPDATE Joan Galvin, Government Relations Consultant
Facebook www.facebook.com/oabainfo
Twitter @oabainfo
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Our Mission: To promote the preservation and growth of the outdoor amusement industry through leadership, advocacy and education. 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 publisher|managing editor Robert Johnson 407.681.9444 H bobj@oaba.org editor Dee Dee Alford 407.681.9444 H deedeea@oaba.org Graphic Design Avic-Versi Creative Jen Burge H 817.602.7254 H avicversi@att.net advertising sales 407.681.9444 H oaba@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. 2015
OABA OFFICERS
OABA trustees
CHAIR Michael Wood 1ST VICE CHAIR Thomas J. Gaylin, III 2ND VICE CHAIR E. J. Dean 3RD VICE CHAIR Jay Strates trustee 2014 Chris Lopez trustee 2013 Mike Featherston TRUSTEE 2012 Jeanne McDonagh Treasurer Larry Yaffe President Bob Johnson
OABA directors Michael Brajevich Doug Burtch Joe Burum Tony Cassata Brad Dallman Andy Deggeller Michael Doolan Blake Huston
Stacey Jamieson Mitchell Kaliff Melissa Kibby Michael Lauther Charlene Leavitt Ron Morris Ben Pickett Debbie Powers
Rick Reithoffer Lorelei Schoendienst Joseph Skerbeck Mary Chris Smith Greg Stewart Holly Swartz Amber Swedgan Rob Vivona
Bill Johnson-2011 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
Spring Board Meeting with “Pono” Michael Wood
F
rom 35,000 feet above the Pacific on my return home Undoubtedly, when you have your workers as I do, it is easy to from our spring board meeting in Honolulu, I would not look at this all as a crisis, and if you do not it is much more like to give a big thank you to all of those who took difficult not to view it as anything else, but we need to remain the time and resources to attend. For those who were unfocused on our long term goals. Judge Rodgers, in the 11th able, we missed you. I would also like to thank my Hawaiian Circuit Court, gave us a great victory by tying the hands of DOL brother Scott Fernandez, Donna Smith, and the rest of the EK when it comes to rule making authority. We must remain focused Fernandez Shows family, for their gracious hospitality! If not on keeping that authority where it current resides, solely in the for their efforts, our 50th spring board meeting in the 50th hands of DHS. With the intentional pain inflicted, those within state of Hawaii would not have been possible. Our meeting the agencies following a political agenda intend on making it a was one of the smoothest I can remember — not only procrisis solely for their own needs. You see, with a crisis, an Interim ductive, but efficient and almost Final Rule is allowed to be promulrelaxing. In the Hawaiian language, gated without the required notice one of the most powerful words and comment period. Removing any In the Hawaiian language, is “Pono.” Literally translated, it voice we are due in the process, and one of the most powerful words means righteousness. Pono certainthey get a free pass to just do as they is “Pono.” Literally translated, it ly dominated our meetings there, please. The 2013 program on steroids and in return Hawaii gave back to means righteousness. Pono certainly will result – rules there is no way we us all for making the trip. can live with — so let’s not let them dominated our meetings there. As we begin our seasons and the take another run at us and preserve travel associated with doing so, I our hard fought victory. I am confident wish you all a safe and prosperous 2015 season! I would also that as in the past, pressure applied by Congress and you, the like to remind you that there is still much to be done on many constituency of Congress, will get us yet another temporary meafronts. The H-2B program again tops that list, and rightfully sure of relief. Whether it be the H-2B-R, or returning worker exso due to its importance to so many in this industry. As many emption as it’s commonly known, or some other measure, it will of you already know, first processing was suspended because only be achieved if you, the voter, exercises the power granted of a ruling in the 11th Circuit Court, and now the cap for the to you by the Constitution, your voice! Let it be heard loud and second half of fiscal year 2015 has been met. Something likely clear on Capitol Hill, and with purpose. to affect several thousand employees and many employers with In closing, I would like to point that this organization belongs to late dates of need in our industry alone, and designed by our you, the members, and will only be as effective as you want to help own government to inflict maximum pain. Unfortunately, the us make it. We — the officers, directors, and the staff of the OABA — branches of government administering the H-2B program operare merely stewards of your Association, now is the time to step up ate in the absence of Pono. and be active. Help us, help you... our futures depend on it! H
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CALENDAR July 14–18 Worldwide Circus Summit 2015 West Springfield, MA
worldwidecircussummit2015.com
October 14–17 ASTM F24 Amusement Rides and Devices Westin San Diego Gaslamp Quarter San Diego, CA www.astm.org
may 2015 | OABA ShowTime Magazine H
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ASSOCIATION H association buzz
Season in Full Swing Bob Johnson, OABA President
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ith the 2015 season in full swing for many, show’s Donna Smith. It was a meeting never to forget in a the IAFE’s Spring Management meeting takes wonderful state! place in Buffalo, NY and the Florida FederaTake a glance at this month’s H-2B lobbying updates by tion of Fairs and Zone II meetings take place in St. Augustine our lobbyists Gregg Hartley and Joan Galvin, as both the 11th later this month to wrap up industry education and trade District Court decision and announcements by DOL/USCIS/ shows this year. Our IAFE Carnival Associate board member, DHS hitting the second half cap of 33,000 H-2B seasonal John Hanschen, OABA trustee workers is unprecedented so soon! and owner of Thomas Carnival, In addition, by the end April we is serving us well at their board may hear more from these agencies Our Quality Assessment meetings. on new Interim Final Rules for the The OABA is presenting H-2B seasonal, foreign guest workauditors, Jerry Aldrich and Jeff Smith, an educational panel in St. er program. Several board memare gearing up for a busy season of Augustine titled Fairs and bers are traveling to Washington, audits for carnivals, independent ride Midways — Let’s Strengthen DC mid-April to lobby our friends our Partnership, which I will be in Congress about our industry’s owners and concessionaires. leading. That will be taking place concerns with this program. at the World Golf Resort in St. Our Quality Assessment audiAugustine on Saturday, May 16. tors Jerry Aldrich and Jeff Smith are gearing up for a busy The spring board meeting and strategic planning session season of audits for carnivals, independent ride owners took place at the beginning of April in Honolulu, Hawaii, and concessionaires. This is program that raises the bar for to coincide with our 50th anniversary in the 50th state, led all in the mobile amusement industry, with our Circle of by Chairman Michael Wood. Although attendance by board Excellence designation being sought after by fairs, festivals members was somewhat lighter than usual due to the travel and other events, who understand guest satisfaction and distance, we had 19 directors and trustees who were charged high-quality midway operations. up for three days of meetings and serving you, our memIf you would like more information about this program, bers. Several key committee meetings were held and Action please contact our independent third party Audit Coordinator Plans developed for the next two years. Thanks again to Jerry Aldrich at 407-239-6336. Scott Fernandez, owner along with his mother Linda, of E. K. Safe travels to all as you begin your spring season, and Fernandez Shows for being a very gracious host and to the hurray for lower fuel costs! H
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ASSOCIATION H on the earie
On The Earie Tom Powell, OABA News Ambassador
A
s of April 1, the San Antonio Stock Show & Rodeo, which ran February 5–22, had not released attendance figures for this year’s event, and that’s not an April Fool’s joke. Meanwhile, the Houston Livestock Show & Rodeo, which ran March 3–22, announced its attendance figures daily, while drawing a record attendance of 2,483,193. I’ve made numerous calls to San Antonio officials and finally got a response that they will let me know when the figures are compiled. Could the computers work better in Houston than San Antonio? Just asking. Not only did Houston officials provide attendance numbers, but also such tidbits as the facts that Ray Cammack Shows rides were ridden 2.4 million times, games were played nearly 6.7 million times, and the three most popular rides were Steve Vander Vorste’s Windstorm Roller Coaster, Sky Ride and Rave Wave. Also, Mini-Basketball was the most popular game, nearly half a million riders enjoyed the La Grande Wheel, three semi-truck loads of cookies were battered, fried and enjoyed, and 70 semi-truck loads of Teddy Bears, minions and basketballs were won by visitors. I received a nice phone call from a fellow named Pete Petke of Apollo, PA, who said he was thrilled to read that his old friend, Stu Miller, had been inducted into the International Independent Showmen’s Association’s Hall of Fame. Petke, 79, said he used to play in circus bands and book talent. He recalled Miller and his Magic Show performing with his own show, plus the Hoxie Tucker and James M. Cole Circuses, among others. Petke, whom I have never met, boosted my ego when he said, “You have brought a lot of enjoyment to me for many years, and I thank you so much.” Things like that make it all worthwhile.
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Food concessionaires Brenda and Joe Premont, who had an inside booth in Houston, were thrilled with the results as they kicked off their season on a high note. “There was lots of rain, but that didn’t hurt us at all,” said Brenda. She pointed out that Joe, who traveled for years with the Paramount Arcade, also had two stands set up during the Rio Grande Valley Livestock Show, Mercedes, which was operating March 13–22. “Joe is 73, still going strong, and tearing down and driving a truck up here to get me,” said Brenda. She thinks this will be a great season, mainly “because we have a terrific route. Canadian dates include the Calgary Stampede, K-Days in Edmonton, Queen City Exhibition in Regina, Saskatoon Exhibition, and Pacific National Exhibition in Vancouver, British Columbia. All are independent locations. In 2011, Brenda won first place in the Gold Buckle Foodie Awards in Houston for the best food on a stick and best fried food. This year she came in third for best fried food with cheesecake, and second for best food on a stick — chocolate dipped cheesecake rolled in Oreos. Several years ago the Premonts introduced Deep Fried Coke at the Kansas State Fair “and it was a big hit.” Until last year, the Premonts lived in Cibolo, Texas, a suburb of San Antonio. But they have since moved to Riverview, FL. “It was convenient because we opened and closed our season in Texas for a long time. We used to play West Palm Beach, Tampa and Miami but when we’ve gone back before moving there it was for vacation, not work, and I think we’ll keep it that way.” After Houston, the Premonts played the South Texas Fair, Beaumont, Oyster Bake in San Antonio, which is part of the old Battle of Flowers and Fiesta San Antonio, and Buc Days, Corpus Christi, which was held April 23–May 3 this
year. “Then we take off until we head to Canada.” Brenda wasn’t kidding when she said the Premonts had a great route. Bookings with three units include the Wisconsin State Fair, West Allis; Minnesota State Fair, St. Paul; Kansas, Mississippi State Fair, Jackson; State Fair of Oklahoma, Oklahoma City; East Texas State Fair, Tyler, and the closing spot of the season, the Washington Parish Free Fair, Franklinton, LA, October 21–24. Joe Premont traveled for 18 years with Royal American Shows. He started in the business with Gillette Shows and LaGasse Shows, was on Ray Cammack Shows, Mighty Thomas Shows and so many more that Brenda laughed and said, “I think he played with more than he hasn’t.” Joe figures he has been on 97 over the years. When I heard in March that Ralph Biancardi of Ace Amusements in Yonkers, NY had died at the age of 64, it brought back a lot of good memories. Ralph’s dad, the late John Biancardi, grew up with one of the best friends I ever had in the business, the late Buddy Lee, who owned Buddy Lee Attractions in Nashville. He never forgot his roots, and each year, threw a party for the less fortunate guys he had grown up with in New York. When I first met John, he embraced me as if I were family when he learned I was one of Buddy’s best friends. He wanted to take me to dinner and it was fun to meet members of his family, who included John’s jovial wife, Philomena, Ralph, and Ralph’s sister, Madeline, who is married to Tommy Murray. They would gather at the main bar at the Gibtown club and nothing but laughter could be heard from everybody at their table. Tommy and Madeline own Tommy’s Midway and when I saw Tommy at the Gibtown the trade show this year, I asked about Ralph. He told me he was in bad
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Dick Knoebel of Knoebel’s Amusement Resort was presented with a five pound Hershey Bar during the Pennsylvania park meeting in recognition of being inducted into the IAAPA Hall of Fame. From left are Mary Frances Knoebel, Trevor’s wife, Trevor Knoebel, Leanna Muscato, Dick’s sister, Dick Knoebel, Brian Knoebel, Rick Knoebel and his wife, Dawn.
Sam Whitaker, left, partnered in Sam’s Amusements of Oklahoma with Gary and Jodi Montgomery, visits in Gibtown with Archie (Hawk) Lidey, Tropical Amusements. Lidey was president of the International Independent Showmen’s Association in 2003.
health and the prognosis was not good. Ralph was a fun-loving guy, never seemed to have a care in the world, and always had a big smile. That’s a pretty good way to live, and the way I’ll always I think of the Biancardi’s and Buddy Lee. By now, my Phillies are probably in last place, but I’ll still be rooting for them along with the Boston Red Sox, who at least were predicted to have a pretty good season. Win or lose, I love the game, but mainly I’m rooting for everybody to have a safe and profitable season. Please send news to tomp@oaba.org, or call 615-319-1258. Have all great days, and God Bless! H
From left, at the trade show in Gibsonton are Mark Blumhagen, Rides-4-U, Tom Abad, Mary O’Jevich, Steve Swika, S&S Amusements, and Little Richard Thomas, food concessionaire.
Tony Cassata, second from left, an OABA director, visits at the trade show in Gibsonton with members of the Owen Trailer family, including Jeff, at left, Ross, third from left, and David.
Tommy Murray, left, Tommy’s Midway, Bronx, New York, relaxes in Gibtown with Stephen Lopez, center, from his carnival, and Darin Janis, Ace Amusements, Yonkers, New York.
JoAnn and Doug Colbert own Funtime Amusements of Danville, VA. Speaking in Gibtown of the low fuel costs, Doug laughed and said, “It would be nice if we could fill up everything now.”
Dennis Lynch, left, of D. C. Lynch Shows trades ideas with Larry (Kadoty) Nieukirk, Sam’s Amusements. Nieukirk was president of the Gibsonton Showmen’s Club in 2010.
Kathy and Terry Swyear, Swyear Amusements, toured the NICA trade show where they met up with Pierogi Joe Stanavich, a Pennsylvania food concessionaire, right.
Art Forcier, left, and his son, Randy Forcier of Gopher State Exposition, St. Cloud, MN, take a break from the activities at the OABA president’s reception during the Gibtown trade show.
From left, at the OABA’s 50th annual meeting and Chair’s Reception are Jim Sinclair, Minnesota State Fair; Rick Frenette, Wisconsin State Fair, and Alison and Rich Byrum, Butler Amusements. may 2015 | OABA ShowTime Magazine H
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H FEATURES
Finally! The future is now: jet packs are real. O
ne of the latest trends in water sports is the rise of waterpropelled jet packs that provide thrilling rides on, and above, the water. To keep the jet pack industry progressing safely, an ASTM subcommittee is now developing a new standard, WK47642, Practice for Water Propelled Jet Packs for Commercial Use.
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WK47642 will provide guidelines and procedures for the operation, maintenance and inspection of water-propelled jet packs, equipment and associated activities. “Water jet packs are a relatively new sport, which grew very quickly,” says ASTM member David Duprat, director of operations, Atlanticorp LLC. “Our main
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Jet Packs!
goal behind this standard is to keep the sport safe.” Duprat notes that primary users of the proposed standard will be those who run commercial operations that provide jet pack rental rides, with the possibility that regulatory bodies such as the U.S. Coast Guard will also use WK47642. The standard will encompass the full realm of jet pack-related products
that currently exist. While not all of the products to be covered under WK47642 have the same specific functionality, they share similar characteristics — most obviously, water propulsion — that will allow all to be covered. Subcommittee F24.70 on Water Related Amusement Rides and Devices, part of ASTM International Committee F24 on Amusement Rides and Devices, is
developing WK47642. All interested parties, particularly those who currently run water jet pack businesses, are encouraged to join in the ongoing development of WK47642. H Photos Courtesy of Francois Rigaud and Atlantic Flyboard (www.atlanticflyboard.com).
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H FEATURES
New OABA Advertising SalesTeam
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ffective March 1, Dee Dee Alford, OABA Vice President and Brenda Ruiz, OABA Manager of Programs & Services are the in-house advertising sales team working with our manufacturers, suppliers and other advertisers to help promote your products and services in all our publications, as well as the OABA’s website and weekly “Xtra” email news to members. They are contacting current advertisers with ShowTime contracts that will expire this year, as well as potential new advertisers with proposals for these publications. In the fall, they will begin contacting OABA board members, manufacturers and suppliers, current and past advertisers to secure advertising commitments for the 2016 Midway Marquee annual directory. Any advertising questions can be directed to either Dee Dee or Brenda by email to oaba@oaba.org, or call them at 800-517-6222. We appreciate your advertising with the OABA, as it helps us to assist our members and your business while protecting and promoting the mobile amusement industry for years to come. H
THE PEOPLE YOU TRUST HAVE A NEW NAME. Complete financing for the Outdoor Amusement industry since 2000.
Formerly Prairie Financial, Inc. Paul Muller Wade Muller Mark Walker Pam Muller
paul@oafinance.net wade@oafinance.net mark@oafinance.net pam@oafinance.net
816-581-0033 • 839 NE Woods Chapel Road • Lee’s Summit, MO 64064 12
www.oafinance.net
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FEATURES H
OABA’s Commitment to Owners of Performing and Exhibition Animals in the Mobile Amusement Business
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he Outdoor Amusement Business Association’s (OABA) Board of Directors believes that performing and exhibition animals are an integral part of the circus, fair and festival experience. Exhibition animals provide an opportunity to both educate and entertain while imparting to our patrons the value of the human/animal bond, an appreciation for animals in agriculture, and the importance of species conservation. The care and handling of performing and exhibition animals is a responsibility that should not be taken lightly and one that requires a great deal of commitment and experience. Our Guidelines, re-published in 2012, reflect the combined expertise of OABA’s members and incorporate by reference the most current best practices available for the care, housing, transport and handling of exotic and performing animals in the public display and mobile exhibition community. These guidelines are consistent with, but not limited to, the rules and regulations set forth by federal, state and local authorities, including the federal Animal Welfare Act as administered by the U.S. Department of Agriculture, under which all animal exhibitors must be licensed and subject to regular unannounced inspections.1 Members of the OABA are expected to abide by all federal, state and local laws governing the care, housing and handling of their animals. OABA members are expected to be knowledgeable of all regulatory requirements and to exceed these requirements whenever feasible or in the best interests of the animals. OABA members are further encouraged to work with regulatory authorities to improve animal welfare laws and to cooperate with inspectors in a respectful and professional manner.
OABA recognizes that due to the diversity of animal exhibits, species and performances, as well as the limitations imposed by travel and venue, there is no one approach that will work for every exhibitor. As a result, these guidelines are intended as a template upon which each member will design their own animal care program to include each of the elements set forth, tailored to each exhibitor’s unique situation.
For more than twenty years, the OABA has worked hand-in-hand with Feld Entertainment (Ringling Bros.), the World Circus Federation (FMC), Circus Fans of America, the International Association of Fairs and Expositions and others to preserve and protect the rights of exotic and domestic animal exhibitors to educate the public and provide wholesome, family entertainment.
We respect the recent decision by the Feld Family with regards to phasing out elephants in their Ringling Bros. Circus in 2018. However, we also know that their passion for these magnificent exotic animals, their Elephant Conservation Facility and perpetuation of elephants in America will continue well after 2018. The OABA will continue to fight animal extremists and regulations seeking to eliminate any exotic, performing or exhibited animal in the mobile amusement industry and we are committed to helping fairs, festivals and other venues that seek educational and wholesome family entertainment for the majority of Americans. Wayne McCary, Eastern States Exposition retired President & CEO, an OABA Trustee and Vice President of the World Circus Federation has stated that, “It is the responsibility of this generation to insure that exotic animals can continue to be shown at circuses and fairs throughout the country. More often than not it is the rare and only opportunity for children of all ages to experience up close these magnificent animals. The OABA is committed to providing national leadership to guarantee this important goal.” The Worldwide Circus Summit to be held in W. Springfield, Mass July 14–18 is a once in a lifetime opportunity for circus enthusiasts and professionals to celebrate everything circus including the past, present and future of the industry. Hundreds of convention delegates are expected to attend the opening reception sponsored by the OABA. H 1 Citation: 7 U.S.C. §§ 2131 – 59. The full text of the Animal Welfare Act is available through the USDA website at http://www.aphis.usda.gov/ animal_welfare/ downloads/awa/awa.pdf
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H FEATURES
Prairie Financial, Inc. is now OA Finance, LLC April 2, 2015, Lee’s Summit, MO: Prairie Financial, Inc. is now OA Finance, LLC, continuing a 15-year track record serving the complete financing needs of the outdoor amusement industry. Prairie Financial, Inc. was founded in 2000 to serve the outdoor amusement industry. In 2011, it became the outdoor amusement division of a Midwest bank. “It was a very synergistic relationship,” says Paul Muller, the company’s co-founder. “Despite the downturn in the overall economy at that time, our business was strong. Our bank partner provided an excellent source of funding. It was a great match.” Prairie Financial, Inc. was co-founded by Paul Muller and his wife, Pam. Son Wade joined the company in 2007. Mark Walker was added in 2011, having at one time been on the banking side of the equation, serving Prairie Financial as a representative of a regional bank. Fast forward to the fall of 2014, when the bank made the decision to cease offering new financing for the outdoor amusement industry. At that point, the four members of the company made the decision to continue on their own, and OA Finance, LLC was born. “We have very close, long term relationships with our customers,” says Paul Muller, whose roots in outdoor amusement date back to a company for which he worked in 1993. “We’re committed, and we’re in it for the long haul,” he says. The four associates look forward to continuing their relationships with their existing customers, and expanding their business deeper into the industry. “At heart, this is a family business, very much like our customers in the industry,” says Paul. “And we know that with Wade and Mark, OA Finance will carry forward well into the future, even when the time comes for Pam and me to retire.” The important thing for people to know is that while the name on the door has changed, the faces and the service remain the same. “As OA Finance, we’ve already helped our customers with packages ranging from ten-thousand to over a million dollars,” comments Wade Muller. “We have bank lines and funding partners in place who are committed to us, and committed to the outdoor amusement industry.” For more information call 816-581-0033, or visit oafinance.net.
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FEATURES H
Essay Contest Winners The 2015 Essay Contest sponsored by the OABA-Duke Smith Memorial Education Fund resulted in four excellent essays submitted by talented young writers! Macey Kenna, Travis Elsperman, Morgan Thomas and Shane Powers each received $250 for their efforts on the topic “What have you learned from working with foreign guest workers in our industry?” Look for these essays to be published in future editions of ShowTime. This month’s featured essay was written by Travis Elsperman, age 13.
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n this essay, I am going to tell you about my experiences with foreign guest workers. As a child who is growing up in this business, it has been an educational journey of welcoming and saying goodbye to many different individuals. I would like to share those experiences with you. I have learned many things, especially over this past summer, from working side-by-side with South African guest workers. In just the few short weeks of summer, they helped me to learn how to make cotton candy, candy apples, caramel corn, and frosted pop in our poppers. In our dough stands, I learned to make fried Oreos and funnel cakes. They also taught me how to fix the soda lines, the flash, and the popcorn machine. And some of them were new to all of these things themselves! Outside of our stands, they showed me how to hook up water and power. Some of the best times were during set up when our South African guest workers would let me help wash the stands. It certainly helped make those hot summer days on the lot much more fun. I have enjoyed getting to know many things about their country. They speak a different language then we do, and even when they speak English some of the words are different. For example, they would call the sink the basin or the trunk of the car a boot. I learned that South Africa has eleven official languages. I have only heard them speak English and Afrikaans. I wanted to know what they were saying when they would speak to each other in Afrikaans. They taught me to count up to five, and some other common words. I learned that there is a seven-hour time difference, so when it is 10 AM here it is 5 PM in South Africa. Also, our guest workers get two summers. When they arrive in America
it is summer, and when they return home in November it is summer in South Africa. I enjoy sports, and they told me that different sports are popular in their country than in the USA. My favorite sport they have is Rugby. It is sort of like football with no pads, and some different rules. They encouraged me to try some of their foods that their families would send them from home. My favorite, popular South African food is called bull tongue. It is sort of like beef jerky, just a bit spicier. This past summer was great, and the South African guest workers that I met and worked with became some of my best friends out of everyone that works for my family’s company, Deggeller Attractions. The fun times and learning experiences I had with all of them at only 13 years old will definitely be some of my best summer memories. H
Gull Wing Industries Working with the Carnival Industry since 1989 Contact us at:
www.gull-wing.com
Pack-Man 175 kw or 250 kw Quiet Power Tractor or Trailer Mounted
GFlex 400 Amp
309 N.E. 1st Street P.O. Box 128 Alta, IA 51002 Toll Free: 800-838-1482 Fax: 712-200-1936 may 2015 | OABA ShowTime Magazine H
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H FEATURES
OA BA L ea d ers h i p i n H -2 B Coo p e rat i v e Advocacy by Gregg Hartley, Cloakroom Advisors
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arly on March 5, while going through overnight emails, a member of the OABA advocacy team found an alert from the DOL Ombudsman: “On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14cv-682 (N.D. Florida, Mar. 4, 2015).…effective immediately, DOL can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the H-2B program.”
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While many had been watching this activist induced litigation, the speed of the decision was surprising. After alerting OABA officials and other members of the H-2B Workforce Coalition, the OABA advocacy team including President Bob Johnson, former Chair Chris Lopez, 2015 Chair Michael Wood, attorney Wayne Pierce, lobbyists from Cloakroom Advisors and Kelley Drye, and other board members leapt into action. The team began analyzing the impact on employers and employees, and initiated outreach to key Congressional contacts to inform them of the crisis and asking for support to resolve. Coordinating closely with the H-2B Workforce Coalition and its co-chairs, an effort was launched to build a strong reaction from Congress to challenge the response to the court case by DOL and DHS At the date of this article, we are still long way from resolution of the crisis but clearly we see the benefits of cooperative advocacy. Just as members of the outdoor amusement industry are stronger addressing internal industry issues by joining OABA, the challenges of dealing with the federal government are enhanced by working with a larger coalition of fifty plus industry groups. By March 6, a campaign was launched by the Coalition utilizing the Washington lobbying capacity of the trade groups and companies. Impressively, the grassroots formed by local employers, employees and friends, such as state and county fair executives, kicked in overnight as well to contact their local Member of the House of Representatives and Senators. Encouraged by the intense outreach by the Coalition, on March 17 a House Appropriations Subcommittee hearing with DOL Secretary Perez resulted in him facing almost two hours of scrutiny on the agency’s intended actions. (A special thanks to Chairman Tom Cole and Representatives Andy Harris, Charlie Dent and Scott Rigell for their tough questioning of the Secretary.) Also by March 17, a social media campaign led by the Coalition had 9,242 posts by 342
users using the #saveH2B hashtag with nearly 1 million impressions. This social media dialogue has fueled much Congressional interest. Following that Congressional hearing, DOL sought and received a temporary stay of the Perez court order that allowed processing to resume through April 15, 2015, and DOL/DHS announced that they plan to issue an emergency or interim final rule (IFR) related to the H-2B program by April 30, 2015. Since by statute, DOL’s role in the H-2B program is to consult with DHS, not to set new regulations, the Coalition is aggressively lobbying Congress to exercise substantial oversight during this process. Our position is that the IFR must not be used as an opportunity by the Administration to place new burdensome requirements on H-2B employers. Both DOL and DHS have faced several other congressional hearings during the past month, including one before the Senate Appropriations Subcommittee on Labor, Health and Human Services chaired by Senator Roy Blunt. Many members of the Senate and House have either issued joint or individual letters of inquiry to DOL and/or DHS. In fact, such bi-partisan letters have been signed by 32 Senators and 89 House Members. We particularly appreciate the effort by Senator Barbara Mikulski to lead a Senate joint letter, and Representatives Zoe Lofgren and Andy Harris for driving a House letter. In conjunction with the legislative strategies, your legal team continues to aggressively engage. A motion to intervene as Parties Defendant was filed by Strates Shows, Inc., Reithoffer Shows, Inc., and the Outdoor Amusement Business Association, Inc. The goals of litigation include keeping the pressure on the government and to encourage the judge’s displeasure with the opposition while attempting to minimize any future role to be played by the Department of Labor. There is an important argument as to longstanding statutory empowerment of DHS to process petitions and certifications based on countervailing evidence submitted by employers, thereby negating the reliance on DOL. Success with our litigation may strengthen our position with the impending interim final rule by taking away the “emergency” that might otherwise justify emergency regulations; demonstrating the DHS is capable of fulfilling requirements without DOL; and putting some measure of public comment in the record when none will be available for some months under the emergency regulations. H
may 2015 | OABA ShowTime Magazine H
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ASSOCIATION H photo gallery
Photo Gallery
Jammin’ Jamborees PROGRAM
OABA in Washington, DC
2015 OABA Jammin’ Jamboree
OABA Jamborees are fun, exciting and entertaining. They provide an opportunity for everyone on the show to get together and have a great time while doing some good for the OABA.
2015 OABA Jammin’ Jamboree Schedule Twentieth Century Rides Brownsville, TX . . . . . . . . . . . . . . . . . . . . . . . March 4 PBJ Happee Days Shows Marion, AR . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 5
2015 Jammin’ Jamboree Totals OABA Chairman Michael Wood in Washington, DC lobbying Senator Roy Blunt (R-MO) on the H-2B seasonal labor program and attending his OABA-sponsored reception and dinner.
Twentieth Century Rides . . . . . . . . . . . . . . . . 9,117 TOTAL $9,117
NAME/Astro Amusements at Borderfest, Hidalgo, TX
Sandy Weaver, food manager and Wayne Ong, concessions manager
Three busy guys, from left, Jerry Coffey, Pat Repp and Dennis Konkey.
Happy Birthday Bridget Sparks! She’s holding at 29!
Roll call and pre-open safety meeting
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Conducting the pre-open mid-day inspection were Tom Thebault and Pat Repp, NAME.
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ASSOCIATION H services, benefits & programs
Twentieth Century Rides – Brownsville, TX
Leonard Martin, center, had a fun time at the Jamboree with his son-in-law Phillip and daughter Chrissy Dorman. Steve Pegg and Chris Atkins conducted the live auction.
The beautiful Jamboree cake.
Rose Loyd with her OABA glow hat. Art Moss was the highest bidder on this poster celebrating Twentieth Century Rides’ 50th year playing Washington’s Birthday celebration in Laredo, TX.
GoldStar Amusements had rides booked with Twentieth Century Shows. The GoldStar crew, from left, Jerry Bybee, Billy Bell and Wanda Folks. Trudy West with her new OABA jacket. Attending the Jamboree were Kenny Hart, Jr., Heart of America Shows, and Rickey Moore, Moore’s Greater Shows.
First place costume winner was John Aaron. He is a ride operator on the show. The Jamboree costume party was a fun event!
John Hanschen was the highest bidder for this beautiful candy jar engraved with Twentieth Century Rides Jamboree 2015 by Deanna Parker. Pictured with John are Jim Wilkins and Art Moss. may 2015 | OABA ShowTime Magazine H
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ASSOCIATION H photo gallery
Photo Gallery SLA St. Patrick’s Day Parade and Party
SLA members getting ready for the St. Patrick’s Day Parade in Chicago.
Mary and Bill Johnson enjoying the SLA party.
Ready for the big parade, from left, Rick Haney, Fundways of IL, with Kathy and Terry Swyear, Swyear Amusements.
Renate and Doug Skinner, DRS Skinners’ Amusements.
Front, from left, Danielle Loveridge, Andrew Loveridge, Kylie Kasin and Kevin Kasin; Karen and Paul Kasin in back.
Spring Board Meeting
OABA Chairman Michael Wood presenting Scott Fernandez and Linda Smith with the OABA’s appreciation for hosting the spring board meeting and sponsoring a board event.
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The sign says it all – Karen and Paul Kasin with Al DeRusha. Paul is the 2015 SLA President. Ready to party were Giovanni Zoppe, Zoppe Family Circus, and Sondra Stutzman, Showmen’s Supplies.
Getting ready to partake in the corned beef and cabbage feast, from left, Bill Johnson, A Fantasy Amusement Co., Sandy Thebault and her husband Jonathan. Sandy is the home office manager for A Fantasy Amusement Co.
Pictured in the SLA headquarters are Al DeRusha, Al’s son Gregg, and Fr. John Vakulskas, Jr., the carny priest. Peter Kasin and his daughter, Jackie.
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Shopping for Affordable Health Insurance Insurance Programs for Members of
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ealth care costs have increased more than twice the cost of inflation in recent years. The key to finding affordable group and individual health insurance is to know exactly what you need and what you can afford. By knowing what you need, you can choose the right insurance plan that suits you and your employees best without costing too much. However, researching health insurance is very time consuming and can be very frustrating unless you are extremely savvy in the healthcare arena. Therefore, OABA has partnered with Mass Marketing Insurance Consultants, Inc. (MMIC) to help you design a health care program to fit your needs, your employee’s needs and your budget.
Provided by:
OABA members can obtain a free no obligation quote through Mass Marketing Insurance Consultants, Inc. (MMIC). Complete a proposal request form by going on line to: www.mmicinsurance.com/OABA Within 48 hours, MMIC evaluates and negotiates with two companies to tailor a plan that best fits your needs and sends you the proposal with the rates and benefit comparisons. OABA members should explore this opportunity and take advantage of healthcare options and savings MMIC can provide. Working with MMIC will be a very positive experience. H
FINANCING FUN FOR 50 YEARS!
No one knows how to finance the outdoor amusement industry like Firestone!
• Seasonal payment options • Secured working capital loans • Shows of all sizes • Financing for new and used rides • Financing available for concession trailers, game trailers, generators and more! 1-800-851-1001 ext. 42 websales@firestonefinancial.com may 2015 | OABA ShowTime Magazine H
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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
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veryone expected a windy March following a frigid February, but nobody expected the Mary Poppinsstyle “winds of changes” that blew through the circus industry on March 5 when Feld Entertainment, Inc. announced that Ringling Bros. and Barnum & Bailey would remove elephants from its performing lineup by 2018. As we approach summer, many of those breezes are still swirling around the industry, media and general public, and some predict stormier days down the road. But, time will tell. No true circus fans can fault Feld Entertainment for it decision, although there will always be a lingering sadness to see those majestic creatures go. Harder yet is having to listen to the animal rights activists touting victory cheers when we all know that Ringling Bros. and Barnum & Bailey is only doing what it has done for nearly a century and a half — listening to its audiences and changing with the times. It is interesting to note, however, that many journaliststurned-social-commentators suddenly realized that watching performing elephants live and in person is a good thing, both for the public and the elephants. Steve Cuozzo of the New York Post chastised Ringling for not fighting back harder and “capitulating” to the animal rights activists. Jeff Stier of USA Today lamented the Feld Entertainment decision, noting that “Ringling Bros. has done far more to preserve Asian elephants on planet earth than the flailing animal rights groups” while admitting that the announcement was “met with disappointment by people like myself who value the wholesome entertainment that the circus provides.” The lamentations and premature epitaphs go on and on. But where were these journalists, editors and selfrighteous pundits when the radicals were bashing circuses far and wide with false accusations, baseless charges and outright lies? Sorry guys, too little too late! Nonetheless, the vibrant and “never-changing, everchanging” American circus promises a summer of thrilling, if not sentimental, circus treats. Ringling’s three traveling units (complete with performing pachyderms) are following their traditional late spring itineraries. Circus Xtreme is touring the Northeast with dates in Providence, RI, Hartford, CT and Trenton, NJ before heading south to Hershey, PA and on to Omaha, NE. Legends is hitting towns in upstate New York, then on to Ohio and Kentucky while Built to Amaze fulfills Midwestern engagements. Big Apple Circus’ Metamorphosis closes out its run in Boston on May 10 and returns to home turf in Queens on May 17, the same day that Universoul closes out in Queens before moving to Newark, NJ.
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Cole Bros. Circus launched To the Max on March 21 at the DeLand, FL Municipal Airport, then headed north. Carson & Barnes Circus kicked off its 79th edition by proudly touting its elephants as “the biggest stars of them all” and putting them front and center in their promotional performance photographs. Check them out at www.carsonbarnescircus.com. Kelly Miller Circus, featuring tiger trainer Ryan Holder and Armando Loyal’s Performing Pachyderms, moves into Indiana this month. Circus Vargas continues in Irvine, CA into early May before moving on to other California appearances. The Big Top Circus at Circus World Museum in Baraboo, WI opens May 22 and will present two shows daily, seven days a week thru August 30 (and are proud to be presenting performing elephants). The Great Y [Youth] Circus in Redland, CA celebrates its 75th year with A Circus Legacy: 75 Years of a Community at Play on May 1-17. Circus Juventas, Minnesota’s premiere youth circus group, opened its Spring Show schedule late in April and plays through May 9 in St. Paul. In St. Louis, MO, Circus Harmony initiated the “first chapter” of a specially designed Peace Through Pyramids: Ferguson initiative that restates the strong intercultural commitment between the St. Louis Arches and the Galilee Circus for the racially torn town of Ferguson, MO. The program was made possible by a “social impact grant” from the Regional Arts Commission and a PNC Project grant from the Arts & Education Council of St. Louis. The Circus Conservatory of America in Portland, ME recently presented the Garden of Circus Delights as “an interactive circus performance inspired by the work of 15th century Dutch painter Hieronymous Bosch.” The original production was performed by Tanya Burka, Spencer Novich, Joshua Oliver, Dwoira Galilea Scheffer, and Cory Tabino. The American Youth Circus Organization (AYCO) launched a new user-friendly website that, among other things, lists upcoming events, such as the regional workshop in Boston, MA hosted and presented by Esh Circus Arts of Somerville, MA on May 16. Check it out at www.americancircus.org. Additionally, The School of Acrobatics & New Circus Arts (SANCA) in Seattle, WA is accepting applications for its unique 2015-16 Professional Preparatory Program that includes the teaching of circus skills. Although major stockholder Guy Laliberte recently announced that Cirque du Soleil was for sale, according to press reports the circus giant wants to take over Broadway’s
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2015 Circus Fund Lyric Theatre as a longtime tenant. Cirque and Canadabased Bell Media also announced a pact with Samsung “to produce a live-action virtual reality aerial show to be viewed on its flagship Galaxy S6 and S6 Edge smartphones” through use of a Gear VR Virtual Reality Headset to enjoy Kurios — Cabinet of Curiosities. Really? Why not just buy a ticket and see the show live! Disney has announced that edgy movie director Tim Burton has been inked to direct a remake of the family classic Dumbo. Ehren Kruger of Transformers fame will write the script and produce the movie along with Justin Springer of Tron: Legacy and Oblivion. PETA has asked Disney to change the original movie’s ending by allowing Dumbo and his mother to live out their lives in a sanctuary instead of a circus. These people are exasperating! Finally, in last month’s column, Bronze winner at the Massy festival in France Jordan McKnight was incorrectly identified as a male contortion artist when, in reality, she is an accomplished and talented 17-year-old female artist. Apologies to Ms. McKnight and congratulations on her achievements. H
Circus Producers Association, Inc. . . . . . . . . . . . . . . . . . . 3,000 Kathleen Nelson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Zoppe Family Circus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Alliance of Professional Animal . . . . . . . . . . . . . . . . . . . . . . 500 Edward Limbach – in honor of James Cole . . . . . . . . . . . . . . . . 350 Jen Burge, Avic-Versi Creative . . . . . . . . . . . . . . . . . . . . . . . 250 Bari & John E. Hart, Jr. – in memory of Jake Conover . . . . . . . . . 250 National Showmens Association . . . . . . . . . . . . . . . . . . . . . 250 OABA Circus Committee Meeting . . . . . . . . . . . . . . . . . . . . 170 Niles F. Calhoun – in honor of David & Sharon Orr . . . . . . . . . . 100 CFA Adler/Binder Tent Officers Maxine House, Henry Pearce & Jack Belles – in memory of Frank Robie . . . 100 Connie Thomas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Felix Adler-Paul Binder Tent No. 12, CFA . . . . . . . . . . . . . . . 100 Wayne Scheiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Brian Liddicoat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Bruce L. Johnson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 TOTAL
$7,342
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.
may 2015 | OABA ShowTime Magazine H
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ASSOCIATION H circus members
Capitol Update By Joan Galvin, OABA Government Relations Consultant
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pring is here and summer is just around the corner. I know we are all happy to see this past winter far, far behind us! Efforts on the H-2B front heated up in March with a flurry of court rulings that got the attention of lawmakers across Capitol Hill — and demonstrated the value of grassroots and coalition efforts in making sure our voices are heard — clearly, firmly and with a common goal. Dozens of Members of Congress responded to OABA’s efforts at the grassroots and in DC to bring pressure on DHS to take action to resume the processing of petitions after Judge Casey Rogers, Chief U.S. District Judge in the Northern District of Florida vacated the 2008 rule. It was a strong bipartisan response and we thank you for stepping up and making your voices heard! But while Congress may have come to our aid in a crisis, the challenge ahead is to keep the focus on long term and meaningful reforms to the H-2B process. OABA remains a pivotal player in this fight. From keeping up the pressure on Congressional appropriators to temporarily rein in DOL, provide relief from arbitrary caps on visas and keep the process open while the courts wrangle on the legalities of the rules — to forging ahead with long term reform — we are fully engaged.
In March we were invited to meet with key staff for Chairman Goodlatte (R-VA) at the House Judiciary Committee to talk about Andy Harris’ (R-MD) bill and how to ensure a workable H-2B guest labor program as Congress continues its quest to achieve consensus on immigration and labor reform. Together with our colleagues at Cloakroom Advisors, we are continuing to ensure OABA’s leadership role on Capitol Hill. Turning to the animal world, I think it is safe to say we were all surprised with the announcement by Feld Entertainment of its decision to phase its elephants out of the circus over the next two to three years, returning them to their home base at the Ringling Bros. Center for Elephant Conservation in Florida. While the news sparked a variety of emotions and reactions, I think Bob Johnson summed it up best in his statement: “No one can question the commitment of the Feld family and Ringling Bros. to the legacy of circus and performing animals. They have stood with the circus community time and again in defending the rights of generations of circus goers to be amazed, educated and, yes, entertained by these magnificent animals. We value this partnership and we look forward to continuing our work
together on behalf of performing animals in the circus and beyond.” Regardless of the Feld elephant decision, OABA’s commitment to protect and defend the rich tradition of performing animals — in circus, fairs, petting zoos, and animal parks and in entertainment — remains unwavering. We were recently fully engaged, along with EK Fernandez Shows in Hawaii, and successfully defeated efforts to restrict traveling animal exhibits and we remain active on multiple efforts in various other venues across the country. The OABA and I remain steadfast and committed to these efforts. H
Puppy Roll Faribault, MN
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Outdoor Amusement Business Assn. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792
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