Wichita City Council suspends license of inflatables business for 90 days

The Wichita City Council suspended the license of an inflatable amusement business on Tuesday, saying the owner violated a city ordinance by not having his rides properly inspected.

"In my mind it was very clear what they had to do, and they didn't do it," said Vice Mayor Jeff Longwell, who supported the suspension.

The council voted 6-1 to suspend a license issued to Duane Zogleman, owner of Moonwalks For Fun Inc., for 90 days.

The company owns inflatable equipment operated by Pure Entertainment, a facility near Kellogg and Tyler, where a 5-year-old boy suffered a fatal fall in March.

Mayor Carl Brewer voted against the suspension because, he said, "I don't believe that it's long enough."

During the suspension, Moonwalks For Fun will not be allowed to operate rides at Pure Entertainment or elsewhere in Wichita. According to its website, the business owns more than 150 inflatable bounce houses, slides and obstacle courses, which are popular at children's birthday parties and other events.

Deputy Police Chief Tom Stolz said he expected the suspension order to be given to Duane Zogleman today and go into effect in five days. The business could appeal the suspension to district court but would not be allowed to operate in Wichita city limits during the appeal. It was unclear whether the company would appeal.

Council members said the case has raised concerns about ride safety in general. They plan to review a Wichita ordinance and related procedures intended to regulate inflatable rides and safeguard children.

"There's some culpability on our part that we did not do a sufficient job in verifying" ride inspectors' credentials, said council member Paul Gray. "That's my concern, that we have fallen short."

Five-year-old Matthew Branham died March 22 after falling from an inflatable ride at Pure Entertainment and hitting his head on a concrete floor. Police and national product safety officials are investigating the case. No charges have been filed.

Wichita police revoked Zogleman's amusement ride license April 1, but the company was allowed to stay open during the appeals process.

Wichita police Det. Tim Relph told council members that 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, Relph said. His initial certification, issued by the Amusement Industry Manufacturers and Suppliers International, expired in March 2008.

'Devastating blow'

Duane Zogleman appealed the cease-and-desist order, and his business has been allowed to operate during the appeal process.

But Mark Schoenhofer, an attorney representing Zogleman, told council members Tuesday that Pure Entertainment "may never overcome the devastating blow to its business."

Schoenhofer said sales at the indoor inflatable facility are down 98 percent "as a result of the accidental death on March 22 and the inevitable effects of media attention."

The business currently employs eight people, he said, down from 42 earlier this year. "Every reservation made prior to March 22 has been canceled, and not a single new reservation has been made," he said. "Punishment has been doled out already."

Schoenhofer further argued that Duane Zogleman's license should not be revoked because he was unaware that his son's certification as a ride inspector had expired.

"Duane did not know Jesse had to renew his license every two years," Schoenhofer said. "If he had known Jesse's license had lapsed, he would have surely remedied the situation."

City Attorney Gary Rebenstorf argued that business owners "cannot use ignorance of the law as an excuse for their not complying."

Longwell, the vice mayor, pointed to a document on the amusement industry's trade group website that says ride inspectors must recertify every two years by completing classes and passing a written exam.

"They... continued to inspect rides knowing they were in violation," Longwell said. "That bothers me, and so I think with that needs to come some kind of penalty."

Various proposals

After a nearly two-hour discussion, council members proposed various measures. Gray suggested a 30-day suspension; Brewer and council member Jim Skelton pushed for a stiffer penalty. "Maybe a year," Brewer said.

After the meeting, Schoenhofer said the 90-day suspension would be difficult for the business. Duane and Jesse Zogleman attended the council meeting but left shortly after the vote and declined to comment.

Schoenhofer added that recent media reports have been unfair, and that Matthew's death "has absolutely nothing whatsoever to do with the licensing issue."

Owners of other ride companies said the incident has affected business citywide. Wichita and Haysville schools recently banned inflatable rides at school events, citing liability concerns.

Jay Jones, owner of Kids Fun USA, said school district bans coupled with increased parental concerns could cost him between $80,000 and $150,000 in lost revenue.

"This... has pretty much decimated our industry," Jones said after the council meeting. "It's got everybody so scared."

Jones, who has pushed since 2004 for tougher regulations of inflatable amusements, hopes the council will amend its ordinance to address not just ride inspections but their operation as well.

"We're focusing on the wrong things here," he said.

Several council members agreed.

"Unfortunately, when we have these circumstances in our community, it does bring things under the microscope, and it should," Longwell said.

"We ought to bring this ordinance back and review it in the context of, 'Does it truly create a safe environment for our citizens?' "

This story was originally published May 19, 2010 at 12:00 AM with the headline "Wichita City Council suspends license of inflatables business for 90 days."