Park News
parkworld-online.com
accesso® TM
announces Park Law
plan to acquire The Experience Engine
(TE2) a
ccesso Technology Group plc, the technology solutions provider to leisure, entertainment and other cultural markets, plans to acquire The Experience Engine TM. The move will provide accesso the capabilities to offer a higher
level of personalisation and real -time marketing to customers across a range of venues. The $80 million acquisition is the largest in accesso’s history, and they believe the deal will make its existing technology solutions more powerful, more customisable, and more beneficial to their customers around the world. “The addition of TE2 is a major step forward in the evolution of accesso and the
innovative solutions we offer to the broad-ranging leisure, attractions and hospitality marketplace,” said Steve Brown, accesso CEO. “Our customers will have options to connect with their guests in new and exciting ways – from ticketing to food and beverage, retail, queuing and more.” The San Diego-based TE2, which
serves brands including Merlin Entertainments, Cedar Fair Entertainment, Carnival Corporation and SeaWorld Parks & Entertainment, offers platform-as-a- service (PaaS) technology solutions that help marketers drive engagement and revenue.
“Joining the accesso team is perfect fit
for TE2. We’ve long admired the innovative approach accesso has taken with its focus on high quality service, working with its clients as partners and continuing to raise the bar on technology,” said Scott Sahadi, TE2 CEO.
Construction begins on The Producers Group new headquarters
All-new CAD design workstations, a state-of-the- art video production suite and multimedia conference rooms are currently under construction at The Producers Group’s new expanded Los- Angeles office. TPG are nearly doubling their original footprint and the new office will accommodate their anticipated 25% growth of team members creating, designing and producing multiple parks, shows and attractions for clients across the world.
6 by Heather M Eichenbaum Esq
A hazy future: Marijuana legalisation and the United States amusement industry
As of Summer 2017, nearly 30 states have liberalised or entirely legalised marijuana for medical or recreational use although marijuana remains illegal under federal law. Unfortunately for park operators, this form of states ‘going green’ has created a patchwork of inconsistent laws concerning our responsibilities as employers in a particularly safety-critical industry. Have you considered how your park will respond to an employee who presents a state- issued medical marijuana ‘license’? Are you required to offer any ‘reasonable accommodation’ for such an employee’s disability? Perhaps the most pressing question for a park operator is, “What does this mean for our zero-tolerance drug policy?” For the moment, such policies are safe for recreational use. No State where recreational marijuana use has been legalised restricts employers from terminating employees for even off-site use. Policy concerning medical use, however, is less certain. Typically, under the Americans with Disabilities Act (ADA), employers must offer
“reasonable accommodations” for employees with disabilities. With marijuana still illegal under federal law, there is currently no duty for employers to provide any accommodation for marijuana use under the ADA. However, things are not so simple. Most states have their own anti-discrimination regimes that may impose some duty to accommodate. The types of accommodations required in these state vary widely, and can include prohibiting an employer from firing a registered user of medical marijuana. Many states, including California, Oregon, and Massachusetts, mirror the ADA and do not protect employees from discipline or discharge, even if that state allows for medical marijuana use. Recently, the Supreme Court of Colorado ruled that an employer could terminate an employee who tested positive after using medical marijuana outside of work because, with marijuana still illegal under federal law, that use could not be protected by Colorado’s “lawful activity” statutes that would otherwise protect an employee’s legal activities outside of work.
On the other hand, some state anti-discrimination laws, as in Arizona and
Delaware, impose a duty to accommodate and may prohibit employers from terminating an employee testing positive for marijuana use if that employee has a valid medical marijuana license. However, even these state laws do not require an employer to allow use at work, and do not protect an employee who is under the influence of marijuana while at work. This is refreshing news for park owners who may be nervous at the thought of the law protecting a right to operate a ride while under the influence. So, what are your responsibilities to make accommodations for an employee
authorised under state law to use medical marijuana? The short answer is, as with many legal questions, “it depends.” Ultimately, our industry is one where guest and employee safety is paramount. So far, even in the states requiring accommodation (that have addressed the issue), laws recognise the overriding importance of public safety, and they have not put employers in a position where they must place the public at risk (and risk exposure to lawsuits for negligent hiring or supervision) to comply with employment discrimination regulations for employees in safety-sensitive positions. Again, the laws in this area are far from settled and park operators must pay close attention to the evolution of this issue in their venue. Always consult with an attorney to discuss your rights and responsibilities as an employer.
By Heather M. Eichenbaum, Esquire and Kevin J. Kelly, Esquire
Heather M. Eichenbaum is an Executive Committee 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, hospitality, and recreation venues and sports entities. 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 employment issues, reach her at: +1 215-241-8856, or
heichenbaum@lawsgr.com.
AUGUST 2017
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