August 2014 by Spotlight Graphics

August 2014

In This Issue: H Benefits of OABA Membership H H-2B Reform Legislation H Ward Hall â&#x20AC;&#x201C; King of the Sideshow! H Eric Arnold on 30 Minute Break Rule Misconceptions H Worldwide Circus Summit 2015

Contents The Official Publication of the Outdoor Amusement Business Association

Features Benefits of OABA Membership Why I Support H-2B Reform Legislation Ward Hall – King of the Sideshow!

12 13 14

August 2014

ASSOCIATION 4 FROM THE OABA CHAIR

GOVERNMENT REGULATIONS 20 REGULATORY UPDATE

Safety – It’s Good Business

State and Federal Legislation and Regulations

6 ASSOCIATION BUZZ What Do Millennials Want From Member Education?

21 DOT REGULATORY NEWS 25 ARNOLD SAFETY CONSULTING

10 ON THE EARIE

Misconceptions About 30 Minute Break Rule

Tom Powell reports on the industry’s shows, fairs, colorful show folks and amusing events.

CIRCUS MEMBERS 26 FROM THE CENTER RING

15, 17 PHOTO GALLERY The OABA catches members in action.

15, 18 SERVICES, BENEFITS & PROGRAMS Jammin’ Jamborees and Contribution Fund Drawing Winners

Rodney Huey follows circuses around the country.

28 W ORLDWIDE CIRCUS SUMMIT 2015 SLATED FOR “THE BIG E” FAIRGROUNDS 29 CAPITOL UPDATE Joan Galvin, Circus Unit Consultant

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Twitter @oabainfo

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All advertisements appearing in this ShowTime publication are paid by the advertiser and the OABA reserves the right to refuse any advertising. The ads are provided on an “as is” basis and do not necessarily carry the endorsement of the OABA. In addition, the OABA does not guarantee, warrant, or endorse the information, products, or services of any corporation, organization, or person contributing to this publication.

ShowTime

OABA OFFICERS

OABA TRUSTEES

EDITOR Dee Dee Alford 407.681.9444 H deedeea@oaba.org

CHAIR Chris Lopez 1ST VICE CHAIR Michael Wood 2ND VICE CHAIR Thomas J. Gaylin, III 3RD VICE CHAIR E. J. Dean TRUSTEE 2013 Mike Featherston TRUSTEE 2012 Jeanne McDonagh TRUSTEE 2011 Bill Johnson TREASURER Larry Yaffe PRESIDENT Bob Johnson

GRAPHIC DESIGN Avic-Versi Creative Jen Burge H 817.602.7254 H avicversi@att.net

OABA DIRECTORS

PUBLISHER|MANAGING EDITOR Robert Johnson 407.681.9444 H bobj@oaba.org

ADVERTISING SALES Kim Weeks 612.501.4600 H kimw@oaba.org ASSOCIATION OFFICE Outdoor Amusement Business Assn., Inc. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792 407.681.9444 H fax 407.681.9445 © Outdoor Amusement Business Assn. 2014

Michael Brajevich Joe Burum Tony Cassata Brad Dallman Andy Deggeller Michael Doolan Bob Hauser Blake Huston

Stacey Jamieson Mitchell Kaliff Melissa Kibby Michael Lauther Ron Morris Ben Pickett Debbie Powers Rick Reithoffer

Lorelei Schoendienst Joseph Skerbeck Mary Chris Smith Greg Stewart Jay Strates Holly Swartz Amber Swedgan Rob Vivona

Dominic Vivona, Jr.-2010 Wayne McCary-2009 Andy Schoendienst-2008 John Hanschen-2007 Guy Leavitt-2006 Ron Burback-2005 Don Deggeller-2004 James E. Strates-2003 * Jackie Swika-2002 Danny Huston-2001 Jeff Blomsness-2000 Sam Johnston-1999 Buddy Merten-1998 * Richard Janas-1997 Jean Clair-1996 James Murphy-1995 Dominic Vivona-1994 * Bill Dillard, Sr.-1993 Tom Atkins-1992 * Red Wood-1991 Billy Burr-1990 * Deceased

Bob Coleman, Sr.-1989 * Milt F. Kaufman-1988 * Andy Andersen-1987 * John Vivona-1986 * Mike Farino-1985 James H. Drew, III-1984 Gerald L. Murphy-1983 * John A. Campi-1982 * Buster L. Brown-1981 * Hub Luehrs-1980 * Lloyd J. Hilligoss-1979 * Hal F. Eifort-1978 * Alfred H. Kunz-1977 * P.E. Reithoffer, Jr.-1976 * Bernard P. Thomas-1975 E. James Strates-1974 * Rod Link-1973 * C.J. Sedlmayr-1972 * John Portemont-1971 * William T. Collins-1966-70 * W.G. Wade-1965

ASSOCIATION H MESSAGE FROM THE OABA CHAIR

Safety – It’s Good Business Chris Lopez

o now that many are in fair season, we are all energized Industry media expert David Margulies helped the OABA produce by the sounds and images of BIG crowds and late nights a media relations video that helps you with such events. providing safe, fun and profitable events. It is the reason Safety is our number one priority and what we rely on daily, why we are all in this industry, and although the slow and posso making it routine and never straying from that mindset or sibly costly spring days are behind us, energy and efforts have cutting corners will only have the positive results. This soon turned to paying for new equipment purchases, maintenance upspreads like a good infection and results in less safety incidents grades and upgrades to existing equipment, such as LED lighting. and can only improve our bottom line! Because your safety During this “Change of Season” it’s programs are not revenue generating, easy to become complacent in daily preventative measures with fewer to routines. Just like those upgrades that Whether done in-house or no incidents justifies that with lower were made months ago, so should the through third-party companies, insurance premiums and legal fees, plus administrative upgrades! Safety, educamanagement time. don’t forget about the great tion and training should all be part of Thanks to OABA President Bob Johnson this. Consider it a “re-grand opening” programs and webinars offered for making the trip out west to the San to safety programs that were reviewed Diego County Fair last month and to First by the OABA. and/or learned at the beginning of the Vice Chair Michael Wood, Jim Hall with season! Butler Amusements, and Bruce Perelman Whether done in-house or through third-party companies, don’t and Tony Guadagno for their leadership in our CalPRO meeting. It forget about the great programs and webinars offered by the OABA. was also good to see many of our friends at the WFA Del Mar meetWhichever program works best for your operation should be reining at this fair. This fair provides a great array of rides and owners, forced daily or weekly, just like daily inspections on equipment. such as OABA Trustee Jeanne McDonagh and her husband, Tom, We can all set our timepieces to a summer incident in our busiand always a great time to catch up and share industry news. ness, whether it is an undercover news story on cell phone usage Safe travels, and remember to keep safety top of mind! H or a negative game story, and more newsworthy, a ride incident.

Even after 70 years, we still get a rush from helping our customers through the ups and downs of the amusement business. Haas & Wilkerson offers the most comprehensive and cost-effective specialty programs available to operations like yours. Perhaps that’s why so many clients want us by their side year after year. To find out more, call us today. 800.821.7703 • www.hwins.com Independent agent representing ACE Westchester Specialty Group Programs Division. Most insurance products are underwritten by insurers within the ACE Group of Insurance Companies.

H OABA ShowTime Magazine | AUGUST 2014

CALENDAR

September 17–21 CFA 2014 National Convention Dubuque, IA

October 15–18 F24 Meeting – Amusement Rides and Devices Valley Ho Hotel Scottsdale, AZ

October 17–19 IAFE Institute of Fair Management Summit Sheraton Dallas Dallas, TX

October 23–25 Washington State Fairs Association Annual Convention Red Lion Hotel Pasco, WA

AUGUST 2014 | OABA ShowTime Magazine H

ASSOCIATION H ASSOCIATION BUZZ

What Do Millennials Want from Member Education? Bob Johnson, OABA President

or many of you who are of the baby boomer generaa webinar is unwelcome for most Millennials. Instead, it is tion and now in your 60’s, CBS News reports that 80 important for Millennials to have engaging visuals they can million Millennials born between 1980 and 1995 are latch onto. now taking over in many businesses. This question caught my eye in a recent ASAE (American Society for Association Gaming Executives) article in their daily e-newsletter. As a member of Millennials tend to be very competitive; perhaps this is an earlier generation, I believe it’s due to the fact that they have been crucial for the OABA and its board surrounded by gaming their entire to prepare this trade association lives. The competitive spirit has been for future Millennials’ needs and ingrained in them from a very early Marketing strategies have wants, which are drastically differage. If that wasn’t enough, the relachanged and now it is crucial for ent from prior generations. tively new ability to share personal the marketer to find out exactly However, when it comes to achievements with social networks member education there are have made “winning” that much sweetwhere the buyer is receiving their certainly similarities in how we er for Millennials. information. like to receive information and The recent addition of the OABA’s learn. This is because we’ve grown “Insta”Famous photo contest proaccustomed to the visual stimulation, instant gratification, vides an incentive for members to participate in educational and quick access to the wealth of knowledge that’s available opportunities at your association. Some ideas that come to through digital technology. mind for me would be: awarding certification credits, recognizing the most active members each month, or incorporating Visuals contests. The rise of YouTube took the music videos that I remembered on MTV and elevated them to another level. This is true Technology for every form of media and entertainment today. Even music Millennials tend to see technology failures in a harsher concerts have come to include some pretty over-the-top visulight than others; they expect things to “just work.” als that make use of our sense of sight. So, it is no wonder The OABA, as a provider of online member education, most Millennials are disinterested in webinars or e-learning continues to provide an intuitive system on our website that courses that are text heavy or slow moving. Millennials have is easy to navigate. They say if a Millennial member has to grown up in the era of text messaging and tweeting; they like pause in frustration because the resource they’re trying to concise, easy-to-read messages. A huge block of text during (continued on page 8)

H OABA ShowTime Magazine | AUGUST 2014

ASSOCIATION H ASSOCIATION BUZZ

What Do Millennials Want from Member Education? (cont’d)

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H OABA ShowTime Magazine | AUGUST 2014

find isn’t in a logical location or is buried deep within your portal, you risk losing the learner. They will recognize this as an inefficiency in the system that could have been prevented and are less likely to overlook the poor design and may not return again. Recognizing the shared desires between different individuals is the key to understanding how to adapt your business website to appeal to those searching for entertainment options. In conclusion, a well-respected media and marketing executive with Ray Cammack Shows’ team, Tony Fiori, told me, “Marketing strategies have changed and now it is crucial for the marketer to find out exactly where the buyer is receiving their information. Once you have that information, you feed the buyers what they want and where they will actually get that information from. The marketers need to build a relationship with the buyers in order to find out exactly what they are looking for, then feeding them what they desire.” H

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ASSOCIATION H ON THE EARIE

On The Earie Tom Powell, OABA News Ambassador

im Przybycke, owner of Jim’s Rides, Moss Bluff, Louisiana, is one of the few guys I have known in the business to make the transformation from being an independent ride operator to becoming a show owner, and he’s glad he made the move in 2007. When I spoke to Jim, the carnival finished a successful run at the June 9–14 Crosby, Texas Fair and Rodeo, and moved to the Beauregard Water Melon Festival, DeRidder, LA, that was scheduled to run June 26–28. His rides are inspected every time they are set up in Louisiana. “I believe the fee each time is $20 a ride and $20 a plant. In Texas, it’s just once a year, by the insurance company. I have been with Haas & Wilkerson since I was 16, and I deal with Dave Garrett. They ought to give me a gold star or something.” Pryzybcke left the life of being an independent when he decided he wanted to stay closer to home. “We play another watermelon festival that’s called the What-A-Melon Festival, July 10–12, in Center, Texas,” said Przybycke. The farthest he travels is for the Schulenburg, Texas Festival, July 31–August 3, stating that Schulenburg, a town with a large German population, is 250 miles from home and approximately 100 miles from both San Antonio and Houston. He then moves to Port Arthur and returns closer to home for a Labor Day Celebration in Carlyss, Louisiana. The main reason for his drastic career move was due to the poor health of his wife, Paula, who has since recovered and now runs the show’s two food wagons. A son, Jeff, has a couple games and is the carnival’s main man. A daughter, Joy Lantz, comes out on weekends to help when she can. Now 67, Jim has been in the business his entire life. His mother was Elva, and his stepdad, Randy Moss, worked with rides and was electrician on Tubby Hale Shows, C. W. Byers Shows, and Matt Armstrong Shows. When Jerry Murphy of Murphy Brothers Exposition purchased Hale Shows from Jim Roller, Przybycke stayed with the show for five years. He was ride superintendent and had his own rides that included a KMG

H OABA ShowTime Magazine | AUGUST 2014

Experience, Persian Camel Fun House, Star Trooper, and Pharaoh’s Fury. During his independent days, he was welcome wherever he wanted to go, especially with the Experience. “I worked Pueblo (Colorado State Fair), St. Paul (Minnesota State Fair), Dallas (State Fair of Texas), Little Rock (Arkansas State Fair), some county fairs in Minnesota, and others I can’t immediately recall.” Przybycke then booked with Mid America Shows that was owned by Danny Huston and Jim Wegerly, playing Goshen, IN (Elkhart County Fair), South Bend, IN (St. Joseph County Fair), and the rest of the spots on their route. Przybycke said he was invited to go to Hawaii by the late Kane Fernandez but declined. “That was even though some people I knew had gone over and done well. I also chose not to go as far away as California, even though I would have been welcome at Del Mar. I was offered that opportunity but didn’t go. I did travel from the Gulf of Mexico to the Canadian border and I have to admit, I enjoyed almost every minute of it.” Przybycke said he can’t think of anybody else who went from being an independent to living the life of a show owner, though he’s certain it probably happened many years ago. “It’s usually the other way around.” Asked about some of the differences, he said, “I can open and close when I want to, not have to stay on the lot and grind out the last dollar. It’s actually a lot easier. I set the dates when I want to open for the most part. It has worked out pretty good.” Asked if he received a break on percentages when he was booking, he said he didn’t and understood why. “The show owner has to pay a lot to get a date and has tremendous expenses, including, fuel, labor, dealing with the committees and different regulations. They have to recoup some of that. I probably understand it a lot more now that the shoe is on the other foot.” When Przybycke decided to start his own operation, he jump started it by buying eight rides from Vern D’Heilly and Sons.

“We operate with 15 and are what I would call a Classic Carnival. The last ride I bought was a Spider from Albert Wagner three years ago, but our equipment is in tip top shape.” What Przybycke said he misses is the camaraderie. “It was fun being around all those different people, all of us basically with the same goals.” He still attends the fair conventions in Louisiana and Arkansas. The show opens during Mardi Gras in February in Lake Charles, LA, making it impossible to attend the annual trade show in Gibsonton. The season ends at a Christmas Under the Oaks Celebration in Sulphur, LA. I first met Przybycke during one of several times Christine and I attended the Arkansas Fair Convention in Hot Springs, and served several times at the invitation of then-Secretary Gene McQuater, as master of ceremonies of the Hot Springs Showmen’s Association’s annual banquet. Gene and I were sitting at the club’s bar one night after everyone else had left. He called Jim, who was there within minutes. We exchanged tall tales and had a great time until I looked up at my watch and saw it was about 4 in the morning. I had been waiting for them to tell me it was time to leave. Obviously, we became fast friends. I recall another time when the Mid-West Fair Managers Association was meeting at the San Antonio Livestock Show and Rodeo where Przybycke was booked with Frank Zaitshik’s Wade Shows. I found him huddled in his car in freezing temperatures. Maybe that was the turning point when he decided to become a show owner. Who knows? I do know that Jim has no regrets about his decision. I thought I would have been scolded by now by either Andy or Lorelei Schoendienst, or Jean Clair of Luehrs’ Ideal Rides about my reference to major league baseball broadcaster Tim McCarver being retired. He’s an analyst with the St. Louis Cardinals and still over-working the word perhaps. Please send news to tomp@oaba.org, or call 615-319-1258. Have all great days, and God Bless! H

From left, during the trade show in Gibsonton, FL, are Ron and Laura Porter, Fare Foods, Christine Powell, and food concessionaires Linda and Bill McKinney.

Richard Byrum, center, Butler Amusements, is the recipient of the 2014 Blue Ribbon Award from the Friends of Dixon, CA May Fair for his continued support of the fair and its youth. With him are JoAnn Gianonni, secretary of Friends of the Fair, and Donnie Huffman, president of the Friends.

Giovanni Zoppe, left, and Hans Wynn are veteran circus performers. Zoppe puts on a show for the SLA Christmas party in Chicago for schoolchildren every year.

From left, in Gibtown, are Grace Yeager, who had a cookhouse for many years; Tony Thomas, a food concessionaire from Wilkes-Barre, PA, Canadian showman Dave Farberman, and Gene McQuater, Swyear Amusements.

Tom Powell, right, OABA news ambassador, visits with Mark Duryea, vice president of bookings for Ringling Brothers and Barnum & Bailey Circus. Powell was a friend of Markâ&#x20AC;&#x2122;s father, Earl, now retired, who held the same job for many years. Chris Giordano succeeded his late father, Sam, as president and general manager of the State Fair of Louisiana. With him is his wife, Jennifer.

Debbie and Christine Case are seen during the trade show in Gibtown. After years with Myers International Midways, Debbie and her husband, Harold, are now with Arnoldâ&#x20AC;&#x2122;s Amusements.

Larry Habeck, left, a food concessionaire who was president of the IISA in 1987, discusses zoning issues for the area with Philip (Pee Wee) Hoskins, club president in 1983 and 1997, who booked a cookhouse with Reithoffer Shows.

Debbie Powers, Powers Great American Midways, an OABA director, discusses the state of the business with Martin Svrcek, executive director of the Montgomery County Fair, Gaithersburg, MD.

Bill Lordy, right, Elephant Ear Bakery, plays the Coastal Carolina Fair, Ladson, SC, where Joe Bolchoz is the veteran public relations director for the Exchange Club, which operates the fair.

AUGUST 2014 | OABA ShowTime Magazine H

H FEATURES

Benefits of

Membership D

uring the fall of 1964 in the windy city, two men came together. They realized there was a need for an association on behalf of the carnival industry. With an awry view on showmen coming together for the greater good, John Vivona and E. James Strates agreed to meet. A little over a year later in February of 1965, the Outdoor Amusement Business Association was founded. Along with the help of countless others, including but not limited to, Robert Blundred, Bill Collins and C.C. Groscurth, OABA has been shaped into an organization that has reached thousands of members, giving excellent services and support for the carnival industry. From the beginning OABA has been about its members. Whether it’s lobbying in Washington or providing a clear code of ethics, the association has strived to stand up for its profession. OABA has worked diligently to provide money and time savers for both personal and professional needs. Personally, some of the benefits include: H FREE $10,000 AD&D Insurance H Supplemental Insurance with Rezilient Direct H Truck Equipment Services with GCR/TDS Tire Centers and Wingfoot Commercial Tire Systems H Discounts on hotel accommodations, car rentals, and much more Professionally, some of the benefits include:

Advocate for You... H Professional lobbyists in Washington, DC and key states throughout the country representing the mobile amusement industry

Wing Industries Gull Wing Working with the Carnival Industry since 1989 Contact us at:

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H OABA ShowTime Magazine | AUGUST 2014

by Carly Skerbeck Skerbeck Bros. Shows

H Represent you on the ASTM F24 committee for Amusement Rides and Attractions setting ride safety, inspection and operational standards H State legislative and regulatory advocacy on issues such as ride inspections, wage and labor laws, state fees and taxes, and DOT compliance issues

Educational Programs... H Training DVD’s and industry guidelines such as:

• Professional Safety & Guest Relations DVD training series, plus trainer instructions and employee exams to satisfy state regulations • Food and Game Concessions, Safe Fun at the Carnival, Media Training and Animal Welfare & Education H Scholarships for OABA-Duke Smith Memorial Education foundation for members attending college or trade schools beyond high school H Scholarships to attend industry training and certification programs such as AIMS and NAARSO

Quality Assessment Audit Program... H This exclusive, confidential OABA third-party audit program is available to members who wish to have their business operations measured against industry guidelines. This will lead to their business being recognized as exceptional industry operators. Fairs and event planners look for shows that are in the OABA’s Circle of Excellence. OABA members are kept “in the know” with the latest industry news and trends both in print and online. The monthly published ShowTime magazine is full of industry-related articles and photos of amusement companies around the country. This quality printed magazine is a prized perk for members. Going above and beyond, OABA offers the ShowTime Xtra weekly email blast, which presents the three top new stories, and “On the Earie” by Tom Powell, OABA News Ambassador. OABA also is on several social media platforms including Facebook, Twitter, and now Instagram. Within the social media world, they provide incentives and acknowledgement of hard-working showmen throughout the nation. Don’t miss out on this great opportunity! Check in with one of the many OABA Representatives or go online to www.oaba.org for more information about OABA membership benefits. H

FEATURES H

By Congressman Andy Harris, M.D., of Maryland’s First Congressional District

Why I Support H-2B Reform Legislation

espite our floundering U.S. economy and high unemployment rate, some employers still struggle to find temporary seasonal workers, especially in the summer months. The H-2B guestworker visa program has always been a lifeline for seasonal businesses

employers in my district and, last March, introduced a comprehensive H-2B guestworker reform proposal (H.R. 4238: “To amend the Immigration and Nationality Act to provide for requirements for employers of H-2B non-immigrants, and for other purposes”), which would put the

The seasonal nature of these businesses and industries means that they routinely face shortages of local workers during their peak work periods. By filling temporary jobs, H-2B workers not only keep these businesses open; they contribute to the creation of additional,

committed to maintaining a legal workforce and filling critical jobs during peak tourism and travel seasons. However, about three years ago, the U.S. Department of Labor began enforcing new, burdensome rules governing the H-2B program, including tedious regulations, long processing delays, and an arbitrary cap on the number of H-2B workers that could be hired during each fiscal year. These regulations left small businesses who wanted to do the right thing with two unacceptable choices: either go out of business or hire illegal workers. A large portion of my district — including the resort town of Ocean City, MDD, which boasts a world-class beach and boardwalk, almost 10,000 hotel rooms, 200-some restaurants, and countless amusement park rides and games — relies on the H-2B guestworker program to keep its economy afloat. I felt compelled to protect the interests of the

program back on reasonable ground. My proposed legislation would make use of a private wage survey to determine “prevailing wage,” to ensure that wages are fair and reflective of economic realities; lift the “cap” on H-2B visas for returning H-2B workers; streamline the recruitment process and permit “staggered entry” to allow employers to bring workers in on multiple dates as they ramp-up for their busy seasons; and set guidelines for H-2B employers’ reimbursement of workers’ travel expenses. Small and seasonal businesses rely on the H-2B program to fill temporary vacancies in seafood harvesting and processing, hospitality and amusement parks, forestry, landscaping, golf courses, circuses, carnivals, food concession stands, swimming pool maintenance, horse training, and other occupations when sufficient domestic workers are unavailable.

year-round jobs for local workers. A well-run H-2B program is essential for small and seasonal businesses that are committed to maintaining a legal workforce, and I am proud to stand behind H.R. 4238. H [OABA supports H.R. 4238 and urges all of its members to contact their Representative in the U.S. House and ask them to become a co-sponsor.] About Congressman Harris The son of immigrants who fled communist Eastern Europe, Andrew P. Harris, M.D. has spent a lifetime serving his neighbors, country and community as a physician at the prestigious Johns Hopkins Hospital, as a medical officer in the Naval Reserve, as a hard-working state senator, and as a member of Congress where he serves on the Committee on Appropriations.

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mwalker@blvdbank.net AUGUST 2014 | OABA ShowTime Magazine H

H FEATURES

By Tim O’Brien

’ve known Ward Hall for more than 25 years and as an editor at Amusement Business magazine, I had many opportunities to talk with him and his partner C.M. “Chris” Christ. Whenever

during his long career, Ward has written four books, four musical stage productions, appeared in seven movies and more than 100 videos and TV specials, performed at Madison Square Garden and

I needed to fill a space or a story with a fun quote, I would track down Ward. Through the years I pestered him with the same question. “Hey Ward, when are you going to let me write your biography?” Each time I would get the same answer. “I’m not ready yet,” he would say. “It’s too soon, my career isn’t over yet.” The last time I asked, he was 80. When he gave me the same answer, I figured it was a nice way to discourage me from asking him again so I didn’t. As I was having a cold beer in Coconuts Lounge one hot February afternoon in 2013 during the IISF Trade Show & Extravaganza, Chris came up to me and simply said, “Ward is ready.” Having caught me off guard and in an entirely different mindset, I asked, “Ward is ready for what?” He looked at me incredulously and said, “The book; he is ready to talk with you about writing his biography.” For the next 15 months I spent hours talking with Ward about his life. That man can talk! I talked with him, Chris, former and current employees, and with fair, amusement park and carnival leaders who had worked with him. The result is the book Ward Hall – King of the Sideshow! Available on Amazon.com and direct from my own site, www.Casaflamingo.com, has more than 100 photos and illustrations, most of which have never been published before. This biography is a work of love and a great opportunity to shine a fun, positive and historical light onto our industry. The release of the book corresponds with Ward’s 70th anniversary of a life in show business. He joined his first circus in 1944 when he was a 14-year-old kid living in Colorado. A year later, as a 15-year-old 10th grade dropout, he ran away for good, joining the Dailey Bros. Circus. By 16 he was performing in a sideshow, and by age 21 he owned a sideshow! It’s the first-ever biography of the man who has helped shape the American Circus Sideshow into what it has become today. In addition to owning many different sideshows and circuses

Lincoln Center in New York City and sung at Carnegie Hall. Ward was introduced to the OABA in 1971 and became the first show operator to be elected onto its Board of Directors, where he would remain for 17 years. On February 9, 2008, Ward also became the first show operator to be elected into the OABA Hall of Fame. When I asked him how important the OABA had been in his career, he did not hesitate to answer. “Without it, there wouldn’t be a carnival business as we know it today. They have been a watchdog for our industry and we have all benefited greatly from their vigilance.” The early reviews are in and I am delighted at the response. I have two favorites: “Tim O’Brien’s direct path to the heart and soul of Ward Hall allows us to be exposed to the daily trials, tragedies and achievements of the showman that we have not seen or read before.” The other: “Many observers have tried to capture the fleeting, magnetic image of impresario Ward Hall. Few, if any have gained a greater insight into the highly unorthodox life and times of the King of the Sideshow than Tim O’Brien.” Of course, quotes of that nature are great ego boosters to a writer, but they tell me something that is much more important than ego. They tell me that I achieved what I set out to do – capture the passion and the essence of this important itinerant showman, preserve his illustrious and colorful history, and tell a story that informs, interests and excites the readers. It was a fun project. Thanks Ward. H

H OABA ShowTime Magazine | AUGUST 2014

Tim O’Brien is an award-winning photo-journalist who has been chronicling the outdoor amusement industry for nearly 30 years, 18 of which he spent as senior editor of Amusement Business magazine. Ward Hall – King of the Sideshow! is his 13th book. He can be reached at tim@casaflamingo.com.

ASSOCIATION H SERVICES, BENEFITS & PROGRAMS

Jammin’ Jamborees PROGRAM

2014 OABA Jammin’ Jamboree

2014 OABA Jammin’ Jamboree Schedule Twentieth Century Rides Brownsville, TX . . . . . . . . . . . . . . . . . . . . March 5 PBJ Happee Days Shows Marion, AR . . . . . . . . . . . . . . . . . . . . . . . . . May 6 Skerbeck Bros. Flushing, MI . . . . . . . . . . . . . . . . . . . . . . . June 17

OABA Jamborees are fun, exciting and entertaining. They provide an opportunity for everyone on the show to get together and have a great time while doing some good for the OABA.

2014 Jammin’ Jamboree Totals

Twentieth Century Rides . . . . . . . . . . . . . . . 8,139 Skerbeck Bros. Shows . . . . . . . . . . . . . . . . . 5,638 PBJ Happee Days Shows . . . . . . . . . . . . . . . 4,000 TOTAL $17,777

A Fantasy Amusement Co. St. Charles, IL . . . . . . . . . . . . . . . . . . . . . . July 15 West Coast Amusements Red Deer, AB, Canada . . . . . . . . . . . . . . . July 15 Butler Amusements – Mick’s Unit Turlock, CA . . . . . . . . . . . . . . . . . . . . . . . July 16 Butler Amusements – Lance’s Unit Sacramento, CA . . . . . . . . . . . . . . . . . . . . July 17 West Coast Amusements Vermilion, AB, Canada . . . . . . . . . . . . . . . July 23 Rosedale Attractions Upper Marlboro, MD . . . . . . . . . . . . . . . . . Sept. 3

Get in on the

FUN !

Support your trade association. Participate in the Jammin’ Jamboree Program! Please call Al DeRusha at 612.991.2984.

Photo Gallery The Patriotic Featherston Family on the Fourth of July

AUGUST 2014 | OABA ShowTime Magazine H

ASSOCIATION H SERVICES, BENEFITS & PROGRAMS

Jammin’ Jamborees continued Skerbeck Bros. Shows – Flushing, MI The sign says it all: “Betty’s Sweet Tooth Bake Sale.” Betty Stroup baked a variety of goodies and proceeds went to the Jamboree.

The Jamboree was held on Bill Skerbeck’s unit. Bill, second from left, is pictured with his wife CJ, son Bobby, and Bobby’s friend Jamee Henry.

Working the live auction were Niki Skerbeck, Sean “the Kodiak Kid,” and Al DeRusha.

Cindy Koleff did a great job selling the tip boards. Cindy is the sister of Joe and Bill Skerbeck.

Taking care of the refreshment center were Casey Taivaloja and Cindy Skerbeck.

They danced the night away with music from the kickin’ DJ.

Al DeRusha is pictured with OABA Show Reps Niki Skerbeck, Joe’s unit, and Carly Skerbeck, Bill’s unit.

Tyler Gifford with his new OABA jacket.

It was karaoke time! Gina Frucci was one of the many who entertained.

H OABA ShowTime Magazine | AUGUST 2014

Having a great time at the jamboree, from left, Ray Campana, Eva Cartwright, Joe and Debbie Skerbeck. Eva is 90 years young and still working every day in games. Wow, what a lady!

ASSOCIATION H PHOTO GALLERY

Photo Gallery San Diego County Fair

OABA Trustee Jeanne McDonagh is seen here with her husband Tom at their Big Bamboo Funhouse.

OABA Trustee Buddy Merten and his wife Laurie at her balloon game.

OABA Chair Chris Lopez with John Dodson, Comspeq Consulting, who heads up the third-party ride inspection program at the fair.

OABA member Jerry Damon was enjoying himself selling his homemade crafts to benefit the Braille Institute.

Jeanne McDonagh and her son Blake at Vivaâ&#x20AC;&#x2122;s Cookhouse.

OABA First Vice Chair Michael Wood, Wood Entertainment Co., and Mike Demas, Demas Enterprises, operating rides at the fair.

AUGUST 2014 | OABA ShowTime Magazine H

ASSOCIATION H SERVICES, BENEFITS & PROGRAMS

Contribution Fund 2014 OABA Contribution Fund Program Participants

PROGRAM

GOLD • Get Your Contribution Fund Tickets Now • This is deductible as a business expense

OABA Contribution Fund Program

THE OABA’S CONTRIBUTION FUND offers three different plans to meet your show’s contribution to the OABA and in turn rewards the show and concessionaires for these donations.

WHY SHOULD I PARTICIPATE? You will be given the opportunity to receive cash prizes for your contributions to this program and help the OABA protect the carnival industry.

WHAT IS IT? Fund-raising for the OABA has always been based on the generosity of its members and depends on members to pay their fair share, the theory being that the organization belongs to the members who raise relevant issues and in the belief that they will also underwrite activities. Support and participation of enough members will provide the revenue necessary to continue and improve on membership services.

HOW IS IT HANDLED? This OABA program advises member carnivals to collect funds from all office-owned and independent concessions and rides, side shows and arcades. When the show owner collects the money, they need to give or complete a receipt. The show or concessionaires then send the receipts to the OABA office, which will be eligible for monthly and annual incentive prizes. Please note that it is important to include your phone number on your receipt, as we want to be able to contact you when you win!

WHAT IS THE MONEY USED FOR? The funds collected for this program are earmarked for legal, legislative and lobbying issues. Also, funds are used to continually upgrade member services. CAN’T I JUST CONTRIBUTE? Sure, but then you lose out on the opportunity to participate in winning cash incentives.

SEND IT ALL IN! Funds are solicited and contributed in the name of the OABA. Once money is collected, please send it monthly to the OABA office in form of a check or money order. You may check ShowTime magazine where the contributions and monthly winners in each plan will be published monthly. H

Bronze Plan

Contribution from Concessions & Rides $5.00 per event Monthly drawings April-October Final drawing in February First Prize $300 First Prize $3,000 Second Prize $200 Second Prize $2,000 Third Prize $100 Third Prize $1,000

Silver Plan

Contribution from Concessions & Rides $10.00 per week Monthly drawings April-October Final drawing in February First Prize $400 First Prize $4,000 Second Prize $300 Second Prize $2,000 Third Prize $200 Third Prize $1,000 Bronze and Silver Plans: If the carnival contributions exceed $5,000, 2015 OABA dues are waived for carnival.

Gold Plan

Contribution from Concessions & Rides $5.00 per day Monthly drawings April-October Final drawing in February First Prize $500 First Prize $5,000 Second Prize $400 Second Prize $2,000 Third Prize $300 Third Prize $1,000 Gold Plan: If the carnival contributions exceed $10,000, 2015 OABA dues are waived for carnival.

H OABA ShowTime Magazine | AUGUST 2014

Calkins Midways Ava Holtz Julia Holtz Kathy Holtz Crabtree Amusements Marina Carraza Karen Gibson Melissa Kibby Pat Martinez Amber Nemeth Barrett Nemeth Brittany Nemeth Jackie Nemeth Jennifer Nemeth Madison Nemeth Paul Anthony Nemeth

Paul Nemeth Paul’s Concessions Cas Sheridan Patrick Sheridan Philip Sheridan Deggeller Attractions Candy Anderson Any Name Jewelry Barrett’s East Coast Foods – Dennis Rowland California Boys Brandon Concessions – Alex Brandon CF Variety Beverly Chapman Chen – Name Art Chen – Pictures

2014 OABA Contribution Fund Ray Cammack Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19,895 Powers Great American Midways . . . . . . . . . . . . . . . . . . . . 6,090 Deggeller Attractions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,040 Frazier Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,095 Reithoffer Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,770 Luehrs’ Ideal Rides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,600 Strates Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,665 NAME/Amusement South . . . . . . . . . . . . . . . . . . . . . . . . . . 1,160 NAME/Mid America Shows . . . . . . . . . . . . . . . . . . . . . . . . . 1,210 S&S Amusements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,060 Showmen’s League of America-St. Louis . . . . . . . . . . . . . . . 1,000 Rosedale Attractions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714 NAME/All Star Amusement . . . . . . . . . . . . . . . . . . . . . . . . . . 545 Calkins Midways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 Doolan Amusement Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 A Fantasy Amusement Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Crabtree Amusements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 TOTAL $47,379

June Drawing Winners BRONZE

Carlos Ramirez Frazier Shows $300 Christian Lopez NAME/All Star Amusements $200 Jamie & Andy Deggeller Deggeller Attractions $100

SILVER

GOLD

Andy & Lorelei Schoendienst Luehrs’ Ideal Rides $300

Bill Morton Ray Cammack Shows $400

William Ryan Powers Great American Midways $200

Andrew Schoendienst, Jr. Ray Cammack Shows $300

Diane Huston NAME/Mid America Shows $400

Steve VanderVorste Ray Cammack Shows $500

Cypress Enterprises, Inc. – Jamie & Andy Deggeller DEA Games – Andy & Jamie Deggeller Deggeller Attractions Deggeller Foods Dizon Food FABCO – Jason & Angela Floyd Fairplay Games – Dale & Sharon Negus Jeremy Floyd Gail’s Face Painting Gone Country Heidi & Wendell – Raiders Chris Hopp Hot Stuff & Co. – Bonnie Jacobson Kat’s Quarters Thomas Lauther Little Richards LT’s Airbrush M&D Rides – MacNeill & Deggeller Rob Myers Anthony Oaks PB3 – Paul Bury Porky’s BBQ R&A Concessions Raiders – Heidi & Wendell Gilcrest Robbeloth Concessions Robert’s Concessions – Paul & Nancy Russell Foods – Jay Russell Stuart Confections T&T Concessions Teacups – Heidi & Cliff Elsperman Upsplash Doolan Amusement Company Abigail Doolan Heidi Doolan John Doolan Michael Doolan Sean Doolan Tina Doolan Frazier Shows 3 G’s Blazen Enterprises Broetsky Equipment Broetsky Foods Andrea Broetsky Ashley Broetsky Bryan Broetsky Cash Broetsky Jan Broetsky Julie Broetsky S.P. Broetsky S.T. Broetsky Steve Broetsky Frazier Shows Garfield Miller Garry Miller Ginny Miller Carlos Ramirez Jaxon Scales Adam Schrum

AJ Schrum Betsi Schrum Schrum Enterprises Barb Sloan Larry Sloan Tobias Sky Andrea Tobias Dylan Tobias George Tobias Georgie Tobias NAME – All Star Amusements Pat Blomsness Beverly Chapman Libbertts Concession Christian Lopez Jason Marotta Mike O’Connor Carl Waggoner Reithoffer Shows – Blue Unit Tony Albanese Gary Alberry Mike Bronchik Wesley Burnett Ray & Patty Hrudra Jan Husted Michael Lauther Shelby Lauther Jimmy LeBaron Nicole Popovich Beau Pugh Bob Pugh Rick Reithoffer Mario Rojas Dave Rothstein Shelby Royal Louie Rucubo Paul Smith Richie Stafford John Stoorza Robert Vinson Rosedale Attractions Michelle Farrow Barbara Gaylin Jason & Joe Gaylin Tom Gaylin Wayne Hinson Susan Shreve S&S Amusements Andrew & Britt’s Novelty Andrew’s Balloon Andrew’s Blockbuster Andrew’s Fishy Fish Andrew’s Waterrace BAJ’s Bottle Up BAJ’s Cork Gun BAJ’s Poster Britt’s Basketball Britt’s High Striker Britt’s Long Range Butch’s Balloon Butch’s Bebe Gun Butch’s Duck Butch’s Fish Butch’s French Fry Butch’s Fry Butch’s Kiddie High Striker

Butch’s Skeeball Elsie’s Lemonade Jimmy’s Break a Bottle Jimmy’s Gun Ball Jimmy’s Long Range Jimmy’s Shark Jimmy’s Sponge Bob Jimmy’s Tubs Josh’s Novelty Larry’s Balloon Larry’s Bebe Gun Larry’s Bowler Larry’s Fish Larry’s Goldfish Larry’s Machine Gun Larry’s Rollover Larry’s Whack a Mole Mary’s Jewelry Michael’s Cotton Candy Michael’s Family Bust 3 Michael’s Family Diner Michael’s Family Miniball Michael’s Family Ring Toss Michael’s Family Waterrace Michael’s French Fry Michael’s Funnel Cake Michael’s Ice Cream Michael’s Ring Toss Paula’s Pretzel Princess Pizza S&S Monkey Maze Vince’s Steak Skerbeck Bros. Shows Tim & Cindy Koleff

SILVER

A Fantasy Amusement Co. Jeff Lapin Luehrs’ Ideal Rides Chris & Kristin Atkins Clair’s Classic Foods – Joe & Jean Clair First Class Attractions – Andy & Lorelei Schoendienst Luehrs’ Ideal Rides, Inc. Oliver C. Atkins, Inc. – Chris & Kristin Atkins Andrew Schoendienst, Jr. Powers Great American Midways Amy Albert Balliet Bear Corl Dave Debbie East Coast Air Ruthie Evans Steve Ianni Janas Jason Brad Klingenhymer Chris McGuire McKnight Mythic Pam

PGAM Eddy Powers Raymond Willie Ryan Chris Sherbert Jeremy Thomas Ron Thomas Tracy Thomas Tomlinson Brad Urwin Piers Weston-Burt NAME – Mid America Shows Gary & Lori Crabtree Ray DeFrates Amy Huston Blake Huston Cooper Huston Danny Huston Diane Huston Lucy Huston Richard Huston Troy Meadows Justin Peperak RANN Sales – Ray DeFrates

GOLD

Ray Cammack Shows Jim Bradshaw Bradbury Family Bradbury Kids Brian Bradbury Jacqueline Bradbury Matthew Burton Nathan Burton Kincaid Dwyer Joyce Hutchins Ashley Kastl Cameron Kastl Savannah Koehl Joseph Lewis Vanesa Lewis Lopez Concessions Tanner Lopez Tom & Jeanne McDonagh Bill Morton Burt Morton Carrie Morton Deborah Morton Ashley Murray Bobby Ousey Emmett Ousey Hailey Ousey Kate Ousey Kirsten Ousey M.J. Ousey Mary Ousey Mike Ousey Jayce Pacheco Dominic & Kim Palmieri Ethian Perez Ben & Joy Pickett Andrew Schoendienst, Jr. Steve VanderVorste

AUGUST 2014 | OABA ShowTime Magazine H

GOVERNMENT REGULATIONS H REGULATORY UPDATE

State Legislative Issues CONNECTICUT Bill number A04735A, simi-

MASSACHUSETTS In July, the Alliance of

lar to Senate bill S07846, spon-

Massachusetts Amusement

sored by Assemblyman Perry,

Businesses and Attractions,

co-sponsored by Gottried,

Inc. (AMABA), an alliance of

Clark, Galef and Weisenberg,

carnivals, amusement parks

has passed and is on its way

and attraction operators

to the Governor for signature.

along with NEAPPA and the

This bill requires operators of

OABA, asked state senators

petting zoos to maintain hand

to support Amendment #138

washing or hand cleansing

to S2231, attached to the

facilities for persons attending

Senate’s economic stimu-

such petting zoos within no

lus bill. Senator Humason’s

more than fifty feet of the exit

amendment was unfortu-

from the petting zoo area; and

nately not included in the

requires other public estab-

economic development bill.

lishments featuring animals

This amendment would

that patrons may reason-

bring Massachusetts into

ably come in contact with to

further alignment with both

provide hand washing or hand

national and international

cleansing facilities.

standards of inspection for

amusement devices. This

the amendment would have

the admission gate to the fair, it is taxed. As a part of NC Sales Tax, this tax of 4.75% is also subject to county tax, thus making it 6.75% in most counties, according to Bess Brinkley. The OABA is continuing to research this new tax with fairs and the NCAAF to help inform our members operating in this

provided the certainty that

state.

amendment enhances public safety and ensures operators comply with rigorous regulations. Amusement industry members stated that they employ thousands each year and generate hundreds of millions of dollars in economic activity in Massachusetts. And,

amusement business owners need to expand their businesses in the Commonwealth.

NORTH CAROLINA HB 1051, Admission Tax law that affects fairs, festivals and amusements was signed into law by the Governor on May 29. The actual admission tax does not go into effect until January 1, 2015. There are many questions regarding implementation of this tax and how it affects non-profit 501(c)(3) fairs. Bess Brinkley with Brinkley Entertainment, an associate board member of the NCAAF, worked with Bonnie Holloman, Executive Director of NCAAF, to try and exempt agricultural fairs and festivals. We understand that as far as the gate on fairs in concerned, it won’t take effect until January 1, 2015. Each fair will have to apply for a sales and use tax number via a BR-150 form, which is on the state’s website. Also, when the sale of ride tickets or wristbands are sold separately, after the patron pays for admission (and is taxed 4.75%), this tax is not collected. However, if it’s sold at

H OABA ShowTime Magazine | AUGUST 2014

STATES State Minimum Wage Thirty eight states have considered minimum wage bills this year, with nine and the District of Columbia adopting measures to hike their wage incrementally over the next few years. Similar legislation is currently awaiting action in Rhode Island, where Governor Lincoln Chafee (D) is expected to sign SB 2249 into law. Most of the approved measures max out at around $10 per hour, though Massachusetts Governor Deval Patrick (D) signed legislation on June 26 that would give the Bay State the highest minimum in the country at $11 per hour, beginning in 2017. The D.C. standard is even higher, $11.50, and goes into effect a year earlier. Both, however, pale in comparison to the city of Seattle, which adopted a $15 per hour minimum, the highest in the nation. H

DOT Regulatory News Appeals Court Dismisses

that the suit should have been

victims. Truckers Against

munity and as shippers, are in

SMS Challenge

brought within 60 days of the

Trafficking (TAT) is an

a strategic position to further

2010 Federal Register notice.

organization that helps the

the impact of this battle by

This decision clears the

trucking community rec-

training your drivers and urg-

Circuit has dismissed the

way for the FMCSA to publish

ognize human trafficking

ing your third party providers

lawsuit brought by motor

a proposed ruled to amend its

when it’s happening and the

to train their drivers with TAT

carriers and their associations

safety fitness determination

steps to take to help fight

materials.

challenging the CSA Safety

standards for motor carri-

this egregious crime. Calls

Measurement System of the

ers to a new program based

from truckers to the National

perspective, this is also a

Federal Motor Carrier Safety

on the SMS. According to the

Human Trafficking Resource

strategic move, as drivers

Administration, which re-

FMCSA, that proposed rule is

placed SafeStat. Alliance for

expected to be published by

Center have risen from 18 in

caught colluding with traf-

Safe, Efficient and Competi-

December of this year.

2009 to 300 in 2013. And last

fickers, either through the

year, the trucking industry

purchase of sex or the trans-

was commended on the floor

portation of human trafficking

of Congress twice, as well as

victims, face jail time and the

honored by the United Na-

impounding of the loads they

tions, for the work they’re do-

may be transporting.

The U.S. Court of Appeals for the District of Columbia

tive Truck Transportation, et al., v. Federal Motor Carrier

Senators Announce Proposal

Safety Administration, No. 12-

To Increase Fuel Tax

1305, (D.C. Circuit), decided June 17, 2014. The petitioners alleged that

Senators Bob Corker (R-TN) and Chris Murphy (D-CT) have announced a bipartisan pro-

the system should be set aside

posal to support the Highway

because it amounted to “a new

Trust Fund by increasing the

model for compelling compli-

federal gasoline and diesel

ance and determining the safe-

tax by six cents per gallon in

ty fitness of motor carriers,”

each of the next two years and

and because “FMCSA ha[d] not

indexing the tax for inflation

provided adequate notice and

thereafter. Proponents claim

opportunity for comment,” as

the plan would provide enough

required by the Administrative

funding to sustain current

Procedure Act.” The court dis-

MAP-21 spending levels for

missed the petition, however,

highways, bridges and transit

holding that it was not filed in

over the next 10 years and

a timely manner.

replace all of the buying power

Under the APA, petitions for judicial review of an agency final rule or order must

the federal fuel tax has lost

From a financial and safety

If you are interested in

ing to end human trafficking.

learning more about TAT,

Private fleets, both as members of the trucking com-

contact tat.truckers@gmail.com

U O Y K N A H T

Y PLIMENTAR

ECENT COM FOR YOUR RR. PASS ORDE

since it was last raised in 1993. To offset the fuel tax

be filed within 60 days of the

increase, the senators also

final agency action. In this

propose to reduce net taxes

case, the FMCSA published

for the average taxpayer by

notice of the change to the

making current some of the

SMS in the Federal Register in

currently temporary reduc-

April 2010, and implemented

tions in taxes and by other as

the change in December 2010.

yet undisclosed methods.

SHOWS

entary Complim ass No. 100 ce Ride P rnival Offi ited Ride

For Unlim

deem at Ca

Bracelet Re

r suppor ciate you ce! re p p a e W den and confi

The petitioners did not file their lawsuit until July of 2012. Petitioners claimed

Fight Human Trafficking Forced prostitution is hap-

that the FMCSA’s PowerPoint

pening along our highways

presentation published on its

and roadways. A number of

website in May 2012 was a

traffickers target easily acces-

new policy statement by the

sible locations and transient

FMCSA, but the court ruled

populations to market their

America’s #1 Outdoor Amusement Business Printers!

APHICS SPOTLIGHT GR 0 941.929.150 s.com tgraphic

barb@sponttlerigAvhe., Sarasota, FL 34238 6054 Clark Ce

AUGUST 2014 | OABA ShowTime Magazine H

provide evidence of correc-

fitness to operate has ad-

Motor Carrier Safety

has justified itself a valuable

tive actions taken or a cor-

equately accounted for data

Administration’s supplemen-

tool in safety and compliance

rective action plan underway;

limitations.

tal notice of proposed rule-

programs for member compa-

making on Electronic Logging

nies. While recognizing that

and (2) the FMCSA finds that those actions or plan would be

FMCSA Issues Policy

Devices and Supporting

FMCSA must respond to the

insufficient to address specific

Statement On Handling

Documents. The comments

statutory mandate to ensure

and apparent safety concerns

Of Challenged Violations

noted that the vast majority

that ELDs are not used to ha-

raised by the carrier’s inspec-

Under DataQ

of NPTC member companies

rass commercial motor vehicle

already have implemented

drivers, NPTC’s comments

Safety Administration issued

ELDs for driver hours of ser-

applauded the agency clarify-

mittee report on the bill

an interpretive rule and state-

vice compliance, and also use

ing that carriers may use ELDs

addressed concerns with the

ment of policy on how the

that technology for a variety

“to improve productivity or

agency’s Motor Carrier Man-

of management and produc-

for other appropriate busi-

agement Information System

tivity functions.

ness practices,” and that the

tion citations.

The Federal Motor Carrier

Finally, the House com-

FMCSA’s CSA program. The report stated: The

Committee

directs

(MCMIS) handles adjudication

NPTC noted that by virtu-

rulemaking will not “ban or

FMCSA to carry out recom-

results from DataQ showing

ally eliminating form and man-

impose significant new restric-

mendations for its Compli-

that a citation was dismissed

ner violations of the hours of

tions on those functionalities.”

ance, Safety, Accountability

or resulted in a finding of not

service regulations, which im-

79 Fed. Reg. at 17675.

program (CSA) as outlined

guilty; resulted in a conviction

proves a carrier’s SMS scores

in the Government Account-

of a different or lesser charge;

for the Hours of Service BASIC,

ported the proposal’s approach

ability

adoption of ELD technology

for short-haul drivers that

February

or, resulted in conviction of

2014 report. FMCSA shall

Office’s

the original charge. 79 Fed.

revise Safety Measurement

Reg. 32491 (June 5, 2014).

System (SMS) methodology

Under this change, mo-

to better account for data

tor carriers or drivers may

limitations that undermine

submit the results of an

meaningful comparisons of

adjudicated citation through

safety performance infor-

the DataQs system. After

mation across carriers. FMC-

confirming the adequacy of

SA is directed to conduct a

the documentation submitted

formal analysis that spe-

in a Request for Data Review,

cifically identifies what are

the state will submit the

the limitations in data used

adjudication results into the

to calculate SMS scores as

new field created to record

well as limitations in result-

this information. Adjudication

ing SMS scores and report

results recorded in MCMIS

that analysis to the House

will potentially impact other

and Senate Committees on

FMCSA data systems, such as

Appropriations within 180

the agency’s Safety Measure-

days of enactment. Such

ment System (SMS) and the

analysis shall also identify,

Pre-employment Screening

for each purpose for which

Program (PSP). The change

SMS scores are used, what

goes into effect for inspec-

data sufficiency standard is

tions occurring on or after

necessary to ensure SMS is

August 23, 2014.

In addition, NPTC sup-

reliable enough to serve that purpose. FMCSA is also di-

NPTC files comments on

rected to demonstrate that

ELD Proposal

any use of data, including SMS, to determine a carrier’s

NPTC filed comments on June 26 on the Federal AUGUST 2014 | OABA ShowTime Magazine H

Misconceptions About 30 Minute Break Rule By Eric Arnold, Arnold Safety Consulting

ne of the largest, yet most correctable, sources of CSA points is DOT’s new 30 minute break rule. This rule has been in effect since July 1, 2013. Many drivers still do

not understand it and are not logging it correctly. It is important because drivers who fail to do it are generating huge amounts of CSA points for their employers. Enough CSA points mean a DOT audit, along with crippling fines in the tens of thousands of dollars. So what is this 30 minute rule? A driver must take a 30 minute break on either Line 1 (off-duty) or Line 2 (sleeper berth) for every eight hours of duty. For example, I start my pre-trip inspection at 4 AM. At noon, I can no longer drive and must show at least 30 minutes in either the sleeper or off-duty. If I drive beyond noon without taking that 30 minute break, I am in violation. Local drivers not required to complete logbooks are not required to take the 30 minute breaks. Some common errors regarding the 30 minute rule: 1) Taking the break on Line 4 (on-duty, not driving). You cannot take the break when you are loading, unloading, fueling the truck, or otherwise on-duty. 2) Splitting the 30 minutes. I have seen drivers take 15 minutes off-duty and then take another 15 minutes later in the day, and claim that is their break. Nice try, but the DOT does not accept splitting of the 30 minutes. 3) Counting only driving time in calculating when the 30 minute break must be taken. For example, I start my shift by doing a 30 minute pre-trip inspection at 4 AM. I then drive eight consecutive hours until 12:30 PM. I am in violation; I should have stopped and taken my 30 minute break at noon, not 12:30 PM.

4) N ot taking enough 30 minutes breaks. If you take your break early in the day, you may need another one before the end of your shift. For example, a driver does his pretrip at 4 AM, drives for an hour, arriving at the receiver at 5 AM. He then is in the sleeper for two hours while at the receiver, exiting the sleeper at 7 AM. He then works and drives for the rest of his shift. By 3 PM, he needs another 30 minute break. Even though this driver already took a break from 5 AM – 7 AM, eight hours of duty has elapsed since the conclusion of his last break (7 AM – 3 PM). If he drives beyond 3 PM without another 30 minute break, he is in violation. The reason the 30 minute break rule is important is because DOT treats it just as importantly as the 11, 14 and 70 hour violations. If 30 minute violations are discovered, they create the same amount of CSA points as the other rules. Once the rule is understood, though, it is relatively easy with which to comply. The breaks must be taken as I described. More importantly, the breaks must be logged correctly on the logs. As long as the breaks show up in the proper places on the logs, no further questions will be asked. H

About Eric Arnold President of Arnold Safety Consulting, Inc., he is a former U.S. Department of Transportation agent, with 24 years regulatory and transportation compliance experience. His DOT Safety column appears periodically in ShowTime. As a member of the OABA, Mr. Arnold is available for free consultations regarding the DOT regulations and audits. AUGUST 2014 | OABA ShowTime Magazine H

ASSOCIATION H CIRCUS MEMBERS

From The Center Ring Connecting & Protecting the Circus Industry! Rodney Huey, RAH PR Strategies OABA Circus Media Consultant

t’s already August — the heart of summer and blazingly hot across most of the country. Summer weather is turning out to be as turbulent as spring weather, offering its own unique challenges to many traveling circuses. Ringling Bros. and Barnum & Bailey’s three units, along with Cirque Du Soleil’s stationary Las Vegas productions and large traveling tented shows, enjoy the luxury of setting up most of the rigging inside modern, air-conditioned facilities. This month Ringling’s Built to Amaze is in Texas; Legends is working its way up the California coast; and Super Circus Heroes appears in Kansas, Arkansas and Louisiana. Cirque’s new Kurious: Cabinet of Curiosities remains in Quebec City before moving to Toronto in late August and San Francisco in the Fall. Universoul is in Texas, Alabama and Tennessee this month. Perhaps August presents a good time to recognize and honor all the hard work performed day-in-and-day-out by the smaller tented and/or family circuses that crisscross the nation while braving three of their most persistent headaches — inclement weather, luring townspeople away from the beach and back into circus tents, and radical animal rights activism. Cole Bros.’ Circus of the Stars, with Vicenta Pages’ White Tigers, the Ponce Flying Family Trapeze, and human cannonball Dale Thomsen, has become a standard bearer for consistency and high-quality three-ring tented circus entertainment. Kelly Miller Circus, dubbed “America’s One-Ring Wonder” with Girard Portugal on the Washington trapeze, the Fusco Family Gaucho Act and Armando Loyal’s performing pachyderms, never fails to “amaze and delight” with its fine array of circus talent. Carson & Barnes Circus, promoting itself as “the Real Circus,” always presents an intriguing lineup to provide plenty of good, ol’ fashioned family fun! Circus Pages, owned, operated and staffed mostly by members of the extended Pages family, is enjoying its 24th year on the road. Cousins Jimmy Earhart and Colleen Pages share Ringmaster duties and “Miss Colleen” presents her mixed lion and white tiger act. Freida Pages directs a “big and “little” horse routine and Willy Pages performs with his troupe on the trampoline. A couple of the “made-to-order” Shrine circuses enjoy longtime popularity. The Zenobia Shrine Temple of Toledo, Ohio has been sponsoring an annual circus for more than 60 years. The 2014 version, produced by Jody Jordan, featured Vincent von Duke and his tigers, the Flying Cortez aerial troupe, and Larry Carden’s Asian elephant Bo (who costarred with Bello Nock in the Ringling production Bello and Bo). Likewise, James and Shirley Hamid’s Aladdin Shrine Circus 2014 that appeared earlier this year in Ohio was also

H OABA ShowTime Magazine | AUGUST 2014

At the Meadowlands Fair in East Rutherford, NJ, Joe Bauer (third from left), Paul Gutheil, Paul Sifuentes and Brian Miser are pictured with members of the Wallenda family. Photo taken by Maxine House.

noteworthy, with Doug Terranova’s tigers, Alecia Hansen’s ”Princess Candalecia and the Peppermints,” Karl Winn on the Whirling Wheel of Death, and 33-year-old African elephant Anna Louise. Among other single-ring shows that deserve attention are Circus Sarasota under the tutelage of Pedro Reis and Dolly Jacobs, and Circus Flora that often brings in guest artists and works with the Circus Harmony youth group in St. Louis. An imported show that garners little national attention but remains popular among local circus-goers is Circo Caballero, featuring members of the Ruben Caballero family and playing primarily in Southern California. Cirque Italia’s 2014 edition features an aquatic display to complement the performances of The Alvarez Family on the teeterboard, aerialist Elena Stefanova, hand-balancers Anton Makukhin and Adam Vasquez, and clown Coco Kramer. Circus Vargas’ MagiKaria Extreme brings eclectic circus to funky Californians, yet no circus is as kinky and bizarre as New York City’s’ Bindlestiff Family Cirkus starring Stephanie Monseu and Keith Nelson. Bindlestiff offers two versions of its “Kinder Spiegel” production — one for the entire family, and a bawdy version for adults! Circus enthusiasts, friends and fans got a boast last month with the official announcement of the Worldwide Circus Summit 2015 to be held July 14-18, 2015 on the fairgrounds of the Eastern States Exposition, home of The Big E annual fair in West Springfield, Massachusetts. Founder Gary Payne explained that the WCS 2015 will offer the various national and international circus fan/friend organizations the opportunity to hold their own individual annual meetings, while at the same time provide a forum for collective exhibitions, presentations, seminars and roundtable discussions. Cole Bros. owner John Pugh has re-routed his 2015 itinerary to include a West Springfield engagement during the summit. Billed as “the largest gathering of circus friends ever assembled,” the WCS 2015 will be hosted by the Circus Fans Association of America. The American Youth Circus Organization is convening the 2014 Circus Educator’s Conference at the National Circus School in Montreal. Circus Juventas of St. Paul, selfproclaimed as “the largest youth performing arts circus in the country” with more than 1000 young members, opened its 20th anniversary summer production July 31. Entitled Neverland, the show will offer performances through August 17. You may want to buy tickets early because the shows tend to sell out.

2014 Circus Fund OABA Trustee Wayne McCary, right, is seen here with OABA member John Pugh, Cole Bros. Circus.

In international performing animal news, the Classical Circus Association (CCA) in England recently announced that the proposed “Wild Animals in Travelling Circuses” ban was NOT among the items addressed in The Queens Speech on June 4. Interpretation? The ban is NOT on the docket for the next parliamentary timetable. Strict new regulations were drafted 18 months ago to “promote and maintain the highest standards of animal well-being in circus animals.” Only two British circuses — Peter Jolly’s Circus and Circus Mondao — have complied with all conditions and have been awarded licenses by The Secretary of State. Now for the bad news! Mexico City has banned the performance of all animals in circuses with fines of up to $60,000 for non-compliance, ending a “tradition that goes back 250 years.” However, the ban is not without protest. On June 10, more than 1,000 circus performers and workers marched through Mexico City in protest of the ban. Stephen Payne, Vice President, Corporate Communications for Feld Entertainment, Inc., noted that the measure “doesn’t say anything about rodeos, bullfighting or anything else, so it does strike us as somewhat hypocritical.” We couldn’t agree more! H

Circus Producers Association . . . . . . . . . . . . . . . . . . . . . . 3,000 John F. Cuneo, Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Kathleen Nelson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Zoppe Family Circus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Bill Morris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 Alliance of Professional Animal Exhibitors & Owners . . . . . 500 Forepaugh-Lubin Tent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Edward Limbach – in honor of Frank Robie . . . . . . . . . . . . . . . . 300 National Showmens Association . . . . . . . . . . . . . . . . . . . . . 250 Bari L. & John E. Hart, Jr. – with appreciation to Jan & Bill Biggerstaff for Circus Report . . . . . . . . . . . . . . . . . 250 Circus Flora Staff & Performers . . . . . . . . . . . . . . . . . . . . . . 240 OABA Tampa Circus Unit Meeting . . . . . . . . . . . . . . . . . . . . 206 George A. Hamid Tent 109, CFA . . . . . . . . . . . . . . . . . . . . . 150 Welde’s Big Bear Show . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Ryan Henning, Hovey Burgess, Ian Garden Jr. . . . . . . . . . . . 115 Felix Adler-Paul Binder Tent No. 12, CFA . . . . . . . . . . . . . . . 100 Paul Gutheil – in fond memory of Jim Hamid, Sr. . . . . . . . . . . . . 100 Leonard Aylesworth Ring, Circus Model Builders Central PA . . 100 Fr. Richard Notter – in honor of Ward Hall . . . . . . . . . . . . . . . . 100 Stephen A. Partyka – in honor of Wayne McCary . . . . . . . . . . . . 100 Robert J. Williams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 James B. Rittle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Wayne Scheiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Robert Faust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Paul Gutheil – in fond memory of Arthur Duchek . . . . . . . . . . . . . 50 Dan Kroeger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Janeen Wilds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 John Diesso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Allan Kirk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Gordon Turner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Misc. Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 TOTAL

$10,215

To contribute to the Circus Fund, make your check payable and send to: OABA Circus Fund, 1035 S. Semoran Blvd., Ste. 1045A, Winter Park, FL 32792 It is important that we maintain this fund so we are able to hire professionals to assist with challenges such as legislation that threaten our members’ businesses. Please consider and make your contributions to this very important resource pool. Feel free to be creative such as matching dollars, innovative fundraisers, endowments and memorials, to name a few. Another option is to designate a percentage or daily amount of your ride operation to be set aside for this important fund.

AUGUST 2014 | OABA ShowTime Magazine H

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Outdoor Amusement Business Assn. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792