Park News Park Law
Park surveillance basics
Do you have CCTV cameras in your park? Should you? If so, should they be contemporaneously monitored? Record? If they record, how long must you keep the footage? Should they have audio, or only visual, recording? The use of surveillance cameras involves complex issues and some laws governing surveillance vary by locale. Pros and cons surround the use of cameras and should be fully understood before deciding whether to implement a camera system. First, you must decide whether to have surveillance
cameras in your park. Generally, they are an asset for amusement venues. They not only deter theft from retail outlets, but they can capture invaluable footage that will aid you in prosecuting offenders and assist in defending personal injury, excessive (security) force and discrimination claims. Of course, this assumes the claims are bogus. The one downside to cameras is, of course, that valid claims will likely also be captured in real time video. From the deterrence perspective, “dummy” cameras may be just as effective as “live” cameras. Think carefully about camera placement and be prepared to answer questions in litigation about why you chose those locations and not others. Of course, cameras should never be placed in locations where privacy is expected, for example restrooms (toilets) or waterpark changing rooms. Camera systems may record or not. Some are monitored on an ongoing basis by employees and others are left unwatched, but recording, until footage is needed to verify an incident. Depending on the size of your venue, monitoring with only one or two employees may be unrealistic and costly and, in the case of a large property, cameras that record will likely be most beneficial. If you choose not to record, your surveillance system will
serve as no more than a deterrent unless you have sufficient employees monitoring the screens on a continuous basis to readily see when an incident occurs. Such employees will then be able to testify as witnesses regarding what they observed. However, any employee who observes an incident on your surveillance system should immediately prepare a “witness statement” to be preserved in the event a claim is later made. If you choose to have your camera system record,
whether that footage can include audio or only visual recording varies by venue. Generally, the most significant aspect of recording will be visual; so audio should not be recorded unless you have definitively verified that your locale allows recording without the consent of both parties.
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In the United States, for instance, wiretap laws (which govern the lawfulness of audio recordings) are enacted state by state. Visually recording an alleged accident will go far
toward defending your business against an unwarranted or exaggerated claim, whereas the audio from same is likely to be lost in the ambient noise of a busy park or midway so is likely not worth the added cost and legal risks of audio recording. So, if you implement a surveillance system that records,
how long must you (or should you) preserve the footage? There is no correct answer except to say that you must have, and strictly adhere to, a written retention policy for the footage. If you have no retention policy, or if you do not follow one you have, you are susceptible to a claim for “spoliation” of evidence. For example, your system may be set to “overwrite” the recorded footage every 24 hours, 10 days, or monthly. Make sure your policy is written so if you receive a request in litigation you have a credible explanation for why the footage no longer exists. The best course, of course, is to preserve all footage relating to incidents captured on your system by a backup recording. With digital technology that is easier and cheaper than ever to do. . Finally, note that you should never alter or destroy
surveillance footage once you are aware of a claim or could fairly “anticipate litigation”. Precisely when this point arises under the law will vary on a case by case and regional basis. Again, if you have footage but alter or destroy it after being made aware of a potential claim, you coiuld be risking judgement against your business. Err on the side of caution and preserve footage in all instances where a patron claims an incident occurred until the time for making a claim or filing a lawsuit expires.
Heather M Eichenbaum is a member with Spector Gadon & Rosen PC, practicing in Pennsylvania, New Jersey, Florida and New York. Ms Eichenbaum concentrates her practice in the defense of amusement, sports, hospitality and recreation venues. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA OABA, and IISF. For legal assistance regarding surveillance issues, reach her at: +1 215-241-8856, or
heichenbaum@lawsgr.com.
Generally surveillence cameras are an asset for amusement venues. They not only deter theft from retail outlets, but they can capture invaluable footage that will aid you in prosecuting offenders and assist in defending claims
Kernels
parkworld-online.com
Jeff Klocke is the new vice-president and general manager of Pacific Park, the amusement operation on the famous Santa Monica Pier, California. Former GM Mary Ann Powell has stepped aside from day-to-day operations but remains as CEO and owner of Santa Monica Amusements, which has managed operations for Pacific Park since 2012. Klocke joined the team in 1999 and together with Powell generated record- setting growth, including building attendance to more than 8 million annual visits at this, Los Angeles' only free admission theme/amusement park. He's also worked with Landmark Entertainment Group and Paramount Parks.
Belgian animal/amusement park Bellewaerde, operated by Compagnie ddes Alpes, is to open a €4 million duelling Alpine Coaster toboggan ride from Wiegand for 2017. Starting from a height of 25 metres, it will feature two parallel tracks.
Camelback Lodge & Aquatopia indoor waterpark, Tannersville, Pennsylvania, has a new general manager, Emilio Fabico. Most recently, he spent six years as general manager for Disney’s EPCOT park in Orlando.
Over 20 new Triotech XD Dark Ride interactive theatres opened across the glove in 2016. Happy customers include Deno's Wonder Wheel Park at Coney Island, New York City, I-Drive 360 in Orlando (operated by Face Amusement Group) and Pier Park in Panama Beach, Florida, where operator Brian E Martin of MSquared Productions commented: “Every single customer raves about it and repeat sales are through the roof!”
Dippin’ Dots has extended its contract with Premier Parks for a further three years. The flash-frozen beaded ice cream will be continue to be available at 11 of 12 Premier Parks locations throughout the United States, from Hawaii to New York.
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Accesso has signed a three-year agreement with Village RoadshowTheme Parks to implement its LoQueue virtual queuing system on nine slides and attractions at Wet’n’Wild Sydney. For a fee, guests at the Australian waterpark will be able to save their spot in line for their favourite attractions using touchscreen kiosks, and then jump the queue when their Qband RFID wristband’s countdown display tells them it’s their turn. This will be the second Village Roadshow venue to feature the Qband, joining Wet’n’Wild Las Vegas.
NOVEMBER 2016
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