COLUMBUS (WCMH) — Cedar Point, Kings Island, and Kalahari Resorts have filed a lawsuit against the Ohio Department of Health stating the amusement parks should be allowed to reopen.  

The lawsuit filed Friday by the 1851 Center for Constitutional Law states the Ohio Department of Health Director Dr. Amy Acton’s order signed May 29, singles out amusement and water parks even as nearly all other Ohio businesses are permitted to operate. 

“The Order provides no opening dates for these seasonal businesses that employ thousands and generate the bulk of the economic activity in their respective counties, even though these businesses are safe to operate,” the 1851 Center for Constitutional Law released in a statement.  

However, during Friday’s news conference, Ohio Governor Mike DeWine announced amusement parks and water parks in the state can reopen in two weeks.

The complaint states Acton maintains no power to close otherwise lawful Ohio businesses or create her own sanctions to enforce those closures. 

The lawsuit also claims Acton’s order permits businesses with similar features, such as pools and large crowds, to open, while singling out amusement and water parks for disfavored treatment.  

On Thursday, Ohio Governor Mike DeWine announced a number of entertainment facilities including zoos and movie theaters can begin reopening next week. 

“The Ohio Constitution’s protections apply to all, including those businesses that the state’s highest public officials view as non-essential. The Governor and his Health Director must end their unnecessary and unconstitutional assault on Ohioans’ businesses and traditions,” explained 1851 Center Executive Director Maurice Thompson. “We and our clients remain committed to ensuring that these arbitrary policies never again recur.” 

The cases are pending in the Erie County Courts of Common Pleas.