House passes Ethan’s Law

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Ethan Cory

  

Yellow Pages

By John Ford
Posted Apr 04, 2008 @ 04:51 PM
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Final approval was granted Thursday by the Missouri House of Representatives to a law requiring for-profit swimming pools to carry liability insurance.

House Bill 1341, commonly known as “Ethan’s Law,” will now go to the Missouri Senate for approval. The law was named after 6-year-old Ethan Cory, who drowned last July at The Swimmin’ Hole, a northern Newton County water park, while on an outing with the Joplin Boys and Girls Club.

The bill, which passed the House 143-5, contains an emergency clause which makes it effective as soon as the governor signs it, said state Rep. Marilyn Ruestman, R-Joplin, sponsor of the legislation.

“I am very pleased with the support I’ve received throughout the process,” Ruestman said. “Our intent is to implement this legislation prior to this year’s swimming season.
Perhaps the tragic death of Ethan Cory will provide a path to safety for other children in the future.”

The bill applies to private, for-profit swimming pools and water parks which charge admission and are more than two feet deep to carry $1 million in liability insurance.
Those who do not have the insurance could be fined $250 a day, up to $10,000. The measure doesn’t apply to swimming pools run by hotels, governmental bodies or larger water parks, because those are already covered by state regulations, according to the Associated Press.

John and Lauren Cory, Ethan’s parents, have filed suit against the Swimmin’ Hole, owners James and Diana Burt, and the Joplin Boys and Girls Club and its representative, Skip Drouin.

Burt has said he was being singled out by the Corys and their attorney and that the legislation was aimed at driving him out of business. He said liability insurance would cost him $72,000 a year, and he couldn’t afford it.

Ethan was one of 31 children ages 5 to 7 attending a field trip at the privately-owned water park. The boy was found by another swimmer submerged in about four feet of water near a water slide. Efforts to revive the boy failed and he was pronounced dead at St. John’s Regional Medical Center in Joplin.

The drowning was ruled an accidental death by the Newton County Sheriff’s Department, which cited a lack of supervision.

In past interviews with the Neosho Daily News, Sheriff Ken Copeland said there were only two lifeguards on duty at the time of the incident, and four chaperones with the Boys and Girls Club were also present.

The lawsuit seeks unspecified damages. Electronic court records posted on Case.Net indicate Drouin and another person underwent depositions in the case Wednesday.
Another court date has not been set.

Currently, there are no regulations in place on the number of lifeguards a swimming pool must have, or even if they are properly trained and certified. Most swimming pools in Newton County aren’t required to have lifeguards on duty, but must be fenced and have signs posted warning there are no lifeguards present.

o o o

The Associated Press contributed to this report.

Final approval was granted Thursday by the Missouri House of Representatives to a law requiring for-profit swimming pools to carry liability insurance.

House Bill 1341, commonly known as “Ethan’s Law,” will now go to the Missouri Senate for approval. The law was named after 6-year-old Ethan Cory, who drowned last July at The Swimmin’ Hole, a northern Newton County water park, while on an outing with the Joplin Boys and Girls Club.

The bill, which passed the House 143-5, contains an emergency clause which makes it effective as soon as the governor signs it, said state Rep. Marilyn Ruestman, R-Joplin, sponsor of the legislation.

“I am very pleased with the support I’ve received throughout the process,” Ruestman said. “Our intent is to implement this legislation prior to this year’s swimming season.
Perhaps the tragic death of Ethan Cory will provide a path to safety for other children in the future.”

The bill applies to private, for-profit swimming pools and water parks which charge admission and are more than two feet deep to carry $1 million in liability insurance.
Those who do not have the insurance could be fined $250 a day, up to $10,000. The measure doesn’t apply to swimming pools run by hotels, governmental bodies or larger water parks, because those are already covered by state regulations, according to the Associated Press.

John and Lauren Cory, Ethan’s parents, have filed suit against the Swimmin’ Hole, owners James and Diana Burt, and the Joplin Boys and Girls Club and its representative, Skip Drouin.

Burt has said he was being singled out by the Corys and their attorney and that the legislation was aimed at driving him out of business. He said liability insurance would cost him $72,000 a year, and he couldn’t afford it.

Ethan was one of 31 children ages 5 to 7 attending a field trip at the privately-owned water park. The boy was found by another swimmer submerged in about four feet of water near a water slide. Efforts to revive the boy failed and he was pronounced dead at St. John’s Regional Medical Center in Joplin.

The drowning was ruled an accidental death by the Newton County Sheriff’s Department, which cited a lack of supervision.

In past interviews with the Neosho Daily News, Sheriff Ken Copeland said there were only two lifeguards on duty at the time of the incident, and four chaperones with the Boys and Girls Club were also present.

The lawsuit seeks unspecified damages. Electronic court records posted on Case.Net indicate Drouin and another person underwent depositions in the case Wednesday.
Another court date has not been set.

Currently, there are no regulations in place on the number of lifeguards a swimming pool must have, or even if they are properly trained and certified. Most swimming pools in Newton County aren’t required to have lifeguards on duty, but must be fenced and have signs posted warning there are no lifeguards present.

o o o

The Associated Press contributed to this report.

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