HUNTINGTON — The owner of The Haunted Majestic, a haunted, floating barge attraction that was shuttered for the 2020 season is suing the state, alleging that it didn't have the right to shut down his attraction.
Dana L. Tomes, of Lesage, filed the lawsuit against State Fire Marshal Kenneth E. Tyree, the West Virginia State Fire Commission and the State of West Virginia for closing his haunted attraction after an inspection by the State Fire Marshal's office, according to a complaint filed July 6 in U.S. District Court for the Southern District of West Virginia.
Three representatives of the state fire marshal's office visited his business on Oct. 15, after a fire safety complaint had been made by a customer, according to the suit. Tomes claims his business was governed by the U.S. Coast Guard and that the vessels were outside of any state or local government agency.
Tomes claims he was intimidated by how the fire marshals were dressed — in tactical gear with bulletproof vests and semi-automatic pistols — so he reluctantly let them on the barge. He claims the following day they issued a cease and desist order so that he could not open for the 2020 season.
Tomes claims he provided the defendants with information showing that his attraction was not governed by their agencies and that the U.S. Coast Guard had stated the barge met the definition of being an attraction vessel. He wants to reopen for the 2021 season after having lost at least $60,000 for not being open during the 2020 season.
"It is the plaintiff's belief that Mr. Tyree is willfully and deliberately attempting to stall the request for release of the Cease and Desist order and waiver of inspection rights so that the plaintiff's business will not have adequate time to prepare the business for opening as scheduled for the 2021 season on Oct. 1, 2021," the complaint states.
Tomes claims if he does not have everything straightened out by Aug. 1, his losses will jump to $100,000.
Tomes is seeking for the court to timely issue a ruling in his case so that he may reopen for the 2021 season. He is representing himself.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00385
