LOCKPORT, N.Y. (WKBW) — More than a year ago, one person was killed and 11 others were injured during a Lockport Cave boat tour. The boat capsized with 28 passengers on board and one employee.
Now, the owners of Lockport Cave have filed a federal civil rights lawsuit against several city officials and the City of Lockport.
The lawsuit, spanning nearly 50 pages, alleges city officials violated their constitutional rights and mishandled the investigation into the June 12, 2023, incident. The defendants named in the lawsuit include:
- Former Mayor Michelle Roman
- Chief Building Inspector Jason Dool
- Police Chief Steve Abbott
- Fire Chief Luca Quagliano
- Detective Lt. Steven Tarnowski
- Former Common Council President Paul Beakman
- Inspection Data Coordinator and Zoning Officer Megan Brewer
- City Clerk Richelle Pasceri
- John Doe
Allegations of Misconduct
The lawsuit alleges that the plaintiffs' Fifth and Fourteenth Amendments were violated by denying the owners procedural due process. It contends that the business was unjustly shut down and electrical meters were removed without proper notice or justification following the incident.
It states that on the day of the incident, the Chief Building Inspector conducted an inspection of the Lockport Cave premises and made "several defamatory statements" about the safety conditions of the attraction to news outlets.
The lawsuit says the Chief Building Inspector found issues with the site and wires exposed which was considered an "electrical hazard." It states that the Chief Building Inspector comments made it seem that the owners were running an unsafe business.
The lawsuit asserts that the Chief Building Inspector informed the co-owner, Thomas Callahan, and the tour guide, who was on the boat, that the business could not open. The lawsuit characterizes the shutdown of all business operations as “arbitrary, capricious, and in violation of Plaintiffs’ due process rights.”
It also suggests that the Chief Building Inspector might have been seeking a "kickback" to allow the business to reopen, indicating possible corruption among city officials.
The lawsuit says the Chief Building Inspector posted signs on the doors of the business and declared that the property was unsafe which demonstrated an "excessive and potentially retaliatory approach to enforcement.”
It also stated, “Instead of conducting a thorough and impartial investigation into the incident, Defendants engaged in a series of actions that violated the Plaintiffs’ constitutional rights and caused significant harm to their business.”
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It alleges that the defendants ordered the electrical meters to be dismantled and removed at the Lockport Cave property and that the Chief Building Inspector ordered NYSEG to shut down power without any justification or notification to the business.
According to the lawsuit, this action was taken without any proper notice and without providing an opportunity for plaintiffs to address any alleged issues or concerns.
Police Investigation
On the day of the incident, the lawsuit says Callahan attempted to 911 twice immediately after the boat capsized, but says he was unable to connect to anyone, so he called the mayor's secretary for help.
The plaintiffs believe “the more likely explanation for why the boat capsized is that a very heavy-set woman...potentially weighing 300 pounds or more, jumped over the side of the boat because it was rocking when she was moving on the boat.”
It's alleged that this evidence is supported by eyewitness accounts and physical evidence at the scene but the Lockport Police Department failed to properly identify witnesses.
The suit says that there was "a video posted on social media appears to show a large woman jumping overboard which could have destabilized the boat.”
Despite this "exculpatory evidence," it's alleged that the city failed to thoroughly investigate this aspect of the incident.
Despite claims of running an unsafe business, the complaint asserts that safety instructions were provided to the passengers prior to the incident, the business maintained a comprehensive emergency action plan and safety practices were in line with industry standards.
During the investigation, the owners made multiple attempts to request information through the Freedom of Information Act about the incident, but the suit says the city failed to disclose this “crucial public information” and says this is a persistent pattern with the city.
The suit claims without this information it "demonstrates a conspiracy to deprive Plaintiffs of their constitutional rights to due process and equal protection under the law.”
The lawsuit further outlines that city's actions and conduct have caused “irreparable harm" to the plaintiffs and believe its actions were motivated by "improper influences and personal vendettas rather than legitimate public safety concerns.”
The lawsuit indicates that the city has the next three weeks to respond. The plaintiffs seek relief from the alleged improper actions of city officials and the City of Lockport and have demanded a jury trial.
