Lockport Cave owner files federal lawsuit against city
The owner of the Lockport Cave & Underground Boat Ride and the Niagara Zipper is now suing the City of Lockport and several current and former city officials following the fatal boating accident on June 12, 2023.
The federal lawsuit cites the former mayor, chief of police, chief building inspector and others, alleging that key witnesses weren't properly interviewed about the incident and that the police investigation was biased. Hydraulic Race Co., the owner-operator of the Lockport Cave, filed the lawsuit on Sept. 12. It claims its 5th and 14th Amendment rights were infringed upon after the tragedy.
The tour boat capsized during an underground ride, killing passenger, Harshad Shah, 65, of Niagara Falls. Investigations into what caused the tragedy were concluded this past December when the state Office of Parks, Recreation and Historic Preservation reported that compromised floatation devices attached to the boat were the reasons for capsizing. According to Lockport Police Chief Steven Abbott, no sufficient evidence was found to justify any criminal charges regarding the incident.
The Lockport Cave & Underground Boat Ride and the Niagara Zipper are both owned by Tom Callahan under Hydraulic Race Co. In addition to the city, the lawsuit includes former mayor Michelle Roman, former president of the Common Council Paul Beakman, former city clerk Richelle Pasceri, as well as Police Chief Steven Abbott, Fire Chief Luca Quagliano, Chief Building Inspector Jason Dool, Zoning Officer Megan Brewer and Steven Tarnowski, a detective lieutenant of LPD.
In response to the lawsuit, Deputy Corporation Counsel Anthony Serriani said, "Any claims which have been brought against the City of Lockport, or its officials acting on behalf of the city, related to the Lockport Cave incident have been submitted to the city's municipal insurance carrier, where a legal defense will be provided in accordance with the policy's terms."
Serriani went on to say that he was unable to provide any comment on any action after he was asked whether a settlement was in the works for any of the legal proceedings, "on the table." According to county records, almost 20 petitions are pending against the City of Lockport for its alleged role in the Lockport Cave Tragedy.
The complaint alleges that the City of Lockport encroached on Hydraulic Race Co.'s ability to do business when Dool conducted a June 13 inspection of Lockport Cave following the fatal incident and discovered problems with the tour's electrical system, which he documented in a June 15, 2023 document asserting that he, "believed that this electrical installation could have posed imminent danger to the occupants of the property," and shut off the power.
However, the city not only shut off the electricity to the Lockport Cave, the lawsuit says, but also that of the Zipper. Furthermore, the company was also unable to conduct its Lockport Cave Walking Tour, the Ghost Hunters Experience tour and the Lockport Haunted Cave tours.
"The power interruption was unnecessary and overly broad, as the cave portion could have been easily isolated from the main power source without affecting the other business operations," the lawsuit reads.
This isn't the first time that the city has treated the business badly, according to the lawsuit. There is a 10-year pattern of obstructing the company's access to information, claims Callahan's lawsuit.
"For example," reads the lawsuit. "between 2018 and 2023, plaintiffs submitted multiple FOIL requests to obtain audio recordings of various city meetings relevant to their business operations. On at least five occasions, Defendant Richelle Pasceri, in her capacity as city clerk, failed to comply with the FOIL law, ignoring plaintiff's requests and conspiring with the Building Inspection Department to withhold requested information"
The lawsuit also names Brewer as having "colluded" with other officials to deny Hydraulic Race Co. the information being sought.
In February, Gov. Kathy Hochul called for state oversight of attractions like Lockport Cave & Underground Boat Ride. In June, the bill was signed into law by Hochul and annual vessel inspections by the New York State Office of Parks, Recreation and Historic Preservations are now required.
Hydraulic Race Co.'s lawsuit also alleges that the Lockport Police Department "failed to properly identify and interview key witnesses at the scene," which includes a tour guide, who the lawsuit said remains unidentified in official reports, according to WIVB. There are also claims that city officials made "false and misleading" comments to the media that were "defamatory and damaging" to the owner's reputation and business, which they claim caused "reputational harm and loss of business."
