McGraw sues carnival ride business
CHARLESTON, W. Va. (Legal Newsline) - West Virginia Attorney Genearl Darrell McGraw filed a lawsuit on Sunday against an entertainment company for unlawful, deceptive and unfair sales practices in the operation of an amusement and carnival ride business.
McGraw's suit alleges that All American Rides and Shows and Tony Best, the company's owner, entered into a contract in March with Bruce Finely and the Wayne County Fair Board. Under that contract's term, Best agreed to provide 10 carnival rides and a cotton candy trailer in exchange for $15,000.
After accepting a $5,000 payment up front, McGraw alleges, Best did not honor the agreement and failed to provide any of the amusement rides or services promised.
As a result of Best's failure to deliver the promised amusement rides, the Wayne County Fair suffered a dramatically low attendance this year, McGraw says.
"This company not only broke the law but the hearts of hundreds of children hoping to enjoy the final days of summer at their local county fair," McGraw said.
In West Virginia, carnival and amusement operations must obtain proper permits from the Safety Section of the West Virginia Division of Labor. Proof of insurance or a bond, as well as a business registration certificate, are also required. All American Rides and Shows allegedly failed to satisfy any of those legal requirements.
McGraw's office is seeking a preliminary injunction barring All American Rides and Shows from engaging in unlawful practices in West Virginia and to freeze the company's bank account. The complaint also requests restitution and civil penalties.