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To me, the way the Phase 3 guidelines are written absolutely means the park would not open during Phase 3. What's happening right now is basically SeaWorld doing everything it can in order to convince the state to give them special dispensation, based on the distinct circumstances of the park and the rigor of their proposed opening guidelines.

But the fact that this didn't happen BEFORE the Phase 3 guidelines suggests that their involvement on a state level is a far cry from the level of involvement of Disney/Universal/SeaWorld in Florida. I did check the state lobbying records, and SeaWorld (unlike Cedar Fair) does have someone registered as a lobbyist on behalf of the company, so theoretically they're on the phone with him so he can be on the phone with the state hoping that between now and when Phase 3 is officially given a start date that there's some kind of clause that lets them open at, say, 25-30% capacity. But the fact this didn't happen before tells us that without the same central role in the state's tourism industry as you see with the Florida parks, their sway over this situation is going to be limited.
 
I read the guidelines to mean the greater of 1000 or 50% capacity (explanation below). However, it really doesn't matter whether this is correct.

If this were a statute, then statutory interpretation by the Court would determine the enforced meaning. However, being an XO, if there is an issue, the Gov can simply issue a new clarifying XO.

Knowing this, those affected simply let the Gov explain what the XO means, and go with that. Further, the Gov is the sole author of the XO, so the Gov's interpretation of it goes a long way.

Statutes can not so easily be changed, and have many authors (all members who vote "yes" could have their own idea of it's meaning). Therefore, statutory interpretation by the Court becomes much more meaningful. Congress/state legislatures can, of course, pass new statutes when it feels the Courts interpretation is wrong, but this is much more difficult to get done than for an XO, and, as such, makes the Court's interpretation stand (as a side note, an example where Congress did manage to overwrite a Supreme Court decision was it's passage of the Religious Freedom Restoration Act).

As for the XO:
It states two possible requirements: A= 50% max capacity, and B=1000 max.

"Occupancy cannot exceed "A," if applicable, or "B."

This is distinctively different from:
"Occupancy cannot exceed "A," if applicable, and "B."

If the conjunction were "and," then, clearly, both conditions must be met. If condition "A" is not applicable, then only condition "B" must be met.

The conjunction "or" means one of the conditions must be met, but not necessarily both. ("You need a season pass or dated ticket to enter" is clearly different from "You need a season pass and a dated ticket to enter.") Therefore, if condition "A" is not applicable (i.e. there is no such listed capacity), then condition "B" would have to be met. If Condition "A" is applicable, then the business can meet either one to satisfy the requirement, but does not need to meet both.

If the sentence in question had further explanatory qualification, such as "whichever is greater/lesser," then that would change the meaning of the sentence. While only one of the conditions would still need to be met because of the "or" (not both), the qualification specifies which of the conditions needs to be met.

All that said, with the (poorly written) Phase 3 guidelines published, BGW MUST seek clarification ASAP, and, once they do, make a public announcement regarding their plans going forward. Obviously they can't give dates before a starting date of Phase 3 is announced, but they can say what Phase 3 means for BGW, once it comes.

I think it's safe to say that most members of the GP realize that BGW can open in Phase 3, and will thus be expecting it to open, without realizing the issues they may be facing resulting from capacity limits. As such, I'd be very disappointed in BGW if we don't get an announcement from them by the middle of the week.
 
This definitely bodes well for BGW’s eventual opening.

To ensure that discussion about SWO’s COVID ops are consolidated in one place, please respond with any non-BGW comments about the article here:

 
This definitely bodes well for BGW’s eventual opening.

To ensure that discussion about SWO’s COVID ops are consolidated in one place, please respond with any non-BGW comments about the article here:

Yes wasn’t sure so i put it in both !
 
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While I believe this cap is bad for both parks, business-wise KD may benefit the longer the shutdown goes on relative to BGW. KD has been struggling relative to BGW since closing down Volcano and needs time to get a new lineup designed and schedule. Forcing BGW to close or operate under really low caps for 2020 almost neutralizes Pantheon and the 2021 ride until the parks fully re-open, at which time KD can be better setup for going forward.
But any improvements will be delayed by at least as long as they are closed, and probably twice the duration. Probably until a year after a vaccine. When they do resume, they will be smaller. I would estimate that it could be as long as decade before we see another giga coaster, for example, unless BGW can't back out of the 2021 project. Expectations will be reduced. Removed rides at KD will be less a factor in many guest's minds when they return. Pantheon is still a factor whenever it finally opens, but at this point the financial obligation is a big problem and awful timing.
 
Just noticed something....
They had been pushing back the opening date a week at a time, with opening on a Thursday. This time, they pushed back the date to July 6, which is a Monday. Significant?

Second:
If you go to buschgardens.com, it says Williamsburg is "opening soon." That's changed isn't it? Didn't it recently say something like "temporarily closed?" Or is my mind playing tricks on me?
 
Hopfully when BGW opens they get the reservation system worked out. So for Seaworld my payment auto renews on the 4th....so the last day the system will let me book a reservation is the 3rd. So I guess on the morning of the 4th I will have to go in and try and make a reservation for that day.Its going to be fun doing that and finding a place to print it all that morning.
 
Hopfully when BGW opens they get the reservation system worked out. So for Seaworld my payment auto renews on the 4th....so the last day the system will let me book a reservation is the 3rd. So I guess on the morning of the 4th I will have to go in and try and make a reservation for that day.Its going to be fun doing that and finding a place to print it all that morning.
FWIW - Most folks I saw entering SWO, BGT and Aquatica were showing the reservations codes on their phones.
 
If you want the Governor to do something, may I suggest picking up the telephone and telling him what you want him to do.
.
This might have worked in Lincoln's day when we had "government of the people, by the people, for the people", but unfortunately, unless you are a deep-pocketed lobbyist, you are not going to get the attention of most politicians today, be it Democrat or Republican.
 
"Kevin Lembke, president of Busch Gardens, expressed his disappointment Tuesday during a James City County Board of Supervisors work session about Busch Gardens being lumped into a category with other entertainment.

“We also continue to be confused by the groups of entertainment business we are associated with in the guidance,” he said. “Our parks are largely outdoor facilities, spread across hundreds of acres but we continue to be lumped in with businesses…like bowling alleys and skating rinks.”

 
"Kevin Lembke, president of Busch Gardens, expressed his disappointment Tuesday during a James City County Board of Supervisors work session about Busch Gardens being lumped into a category with other entertainment.

“We also continue to be confused by the groups of entertainment business we are associated with in the guidance,” he said. “Our parks are largely outdoor facilities, spread across hundreds of acres but we continue to be lumped in with businesses…like bowling alleys and skating rinks.”

“Based on this guidance…we’re looking at being closed well into July and maybe later,” Lembke said.
 
This might have worked in Lincoln's day when we had "government of the people, by the people, for the people", but unfortunately, unless you are a deep-pocketed lobbyist, you are not going to get the attention of most politicians today, be it Democrat or Republican.
Me thinks you’d be pleasantly surprised. When a Governors office receives multiple calls on the same topic repeatedly, they tend to take notice.
 
Got to remember that 95% of the staff at the park is still on furlough, so re-opening is going to be a process. If the park was going to open by mid-July these people need to be returning to work almost immediately.
 
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