Will California theme parks sue state to reopen? They say ‘all options are open’

The heads of California’s largest theme parks are considering a lawsuit against the state over coronavirus reopening guidelines they consider to be too stringent, their representatives said at a press conference held one day after public health officials released the rules.

“I think that all options are open at this point and we’re going to continue to explore our options,” said Erin Guerrero, executive director of the California Attractions and Parks Association.

The large theme parks put on a united front this week contesting new state guidelines that would prevent them from reopening until their home counties are declared minimal risk for the coronavirus outbreak, a status the state refers to as Tier 4 or Yellow Tier.

It’s a more stringent standard than the state is applying to smaller theme parks, a distinction the Newsom administration is making because it considers theme parks like Disneyland and Universal Studios to be tourism draws that attract visitors from many different communities.

The theme park heads object to that requirement, arguing that it is highly unlikely that counties such as Los Angeles and Orange County will reach that threshold in the near future.

“At the heart of it, we don’t see the guidelines as based in science and facts,” said Karen Irwin, president of Universal Studios Hollywood.

She was joined by Kurt Stocks, president of Legoland California Resort; Raffi Kaprelyan, regional vice president for Cedar Fair (which operates Knott’s Berry Farm, California’s Great America and Gilroy Gardens); and Ken Potrock, president of Disneyland Resort.

California Secretary of Health and Human Services Mark Ghaly on Tuesday released guidance for how large theme parks, with more than 15,000 people capacity, can reopen. In addition to reopening being restricted to Tier 4, large theme parks will have their capacity limited to 25%, Ghaly said.

Irwin said those guidelines are stricter than the state’s requirements for similar businesses.

“The restriction of 25% capacity for indoor restaurants at our parks is an example of kind of an arbitrary guideline that contradicts guidance for all other California restaurants that can be seated up to 50% in Tier 4, including those just outside of our gate in City Walk,” Irwin said.

Irwin, and others speaking Wednesday, said that their parks should be allowed to open in Tier 3 (Orange) counties.

“I would feel completely safe bringing my children back to the park,” said Stocks, who added that the state has allowed beaches, card rooms and race tracks to reopen ahead of theme parks.