Inflatables business to appeal to council

A local inflatable amusement business where a 5-year-old boy suffered a fatal fall will take its case to the Wichita City Council on Tuesday.

Pure Entertainment, an indoor playground and special-events facility near Kellogg and Tyler, will appeal a cease-and-desist order that alleges its rides were not inspected properly.

Wichita police revoked Pure Entertainment's amusement ride license April 1, but the business has remained open and been allowed to operate during the appeals process.

Duane Zogleman, owner of the business, said its rides have since been inspected by an independent, nationally certified inspector and were deemed safe.

Five-year-old Matthew Branham died March 22 after falling from an inflatable at Pure Entertainment and hitting his head on a concrete floor.

On Tuesday, the City Council will hold a hearing on the appeal. If council members uphold the cease-and-desist order, Pure Entertainment has the option of appealing to district court.

Mark Schoenhofer, an attorney representing Zogleman, said last month that the city's revocation of Pure Entertainment's license "has nothing to do with" the March 22 incident.

"There is and has been absolutely no link between the inspection or lack of inspection and the unfortunate death of this child," Schoenhofer said.

Before the police order, inspection certificates for 40 rides owned by Moonwalks For Fun had been submitted by Jesse Zogleman, Duane Zogleman's son, who manages Pure Entertainment.

Jesse Zogleman was not certified to inspect portable amusement rides, as required by city ordinance. Duane Zogleman said he didn't know his son's certification through the Amusement Industry Manufacturers and Suppliers International was not current. Police said Jesse Zogleman's certification expired in 2008.

The U.S. Consumer Product Safety Commission is investigating circumstances surrounding Matthew's death, including safety concerns with the ride itself.

In an unrelated incident, a 6-year-old boy was injured on an inflatable ride at a school carnival last week in Kansas

City, Mo. Officials say the boy nearly suffocated after becoming lodged between two pieces of an inflatable obstacle course.

The boy, whose name was not released, had to be ventilated upon arrival to Children's Mercy Hospital and remained hospitalized Saturday.

North Kansas City School District officials said that before any similar equipment can be used at school events, the items will be required to be inspected and preapproved by the central office.

This story was originally published May 17, 2010 at 12:00 AM with the headline "Inflatables business to appeal to council."