Cedar Fair customers aren't owed refund for 2020 COVID-19 closure, Ohio Supreme Court says

Cedar Point customers who purchased 2020 season passes aren't entitled to a refund for the two months the park was closed because of the COVID-19 pandemic, the Ohio Supreme Court ruled Thursday.

In a unanimous decision, the court ruled that Cedar Fair L.P., the owner of Cedar Point, Kings Island and other amusement parks, did not breach its contract when Cedar Point remained closed in May and June 2020 because of the global pandemic.

“(T)here is no question that Ohio’s government-mandated shutdown during the COVID-19 pandemic was a condition that required Cedar Fair to close its parks for approximately two months,” wrote Justice Sharon Kennedy for the court's opinion. Kennedy is a Republican running for chief justice against Democratic Justice Jennifer Brunner this fall.

Laura Valentine filed the lawsuit after Cedar Point refused to give her a refund for her 2020 season pass.

"In sum, there is no law that allows Cedar Fair to sell consumers a 2020 Season Pass, deny them two months of the season, and keep the money. There is no provision in their contract that allows them to do that either," Valentine argued in court documents.

An appeals court found that the terms of the pass Valentine purchased were ambiguous and she might be entitled to some relief. But the Ohio Supreme Court ultimately disagreed.

"Even if we assume it is true that Cedar Fair’s season regularly runs from May through October, that would not mean that Cedar Fair was contractually bound to open its parks in May 2020," Kennedy wrote.

The terms of the pass included language such as: "All operating dates and hours are subject to change without notice. All rides and attractions are subject to closings and cancellations for weather or other conditions.” Cedar Point also extended the season passes' benefits into 2021.

Cedar Fair is a publicly traded company that owns and operates 11 amusement parks, four water parks and other properties that draw 28 million guests each year. The company, which started in Sandusky in 1870, employs 4,000 full-time and 42,000 seasonal workers.

Ohio bureau reporter Laura Bischoff contributed to this article.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

Read the decision here:

This article originally appeared on Akron Beacon Journal: Cedar Point doesn't owe customers for 2020 COVID-19 closure, court rules