A Wyandotte County grand jury last week handed up a searing 47-page involuntary manslaughter indictment against Schlitterbahn Waterpark of Kansas City, Kan., and one of its former employees.
On Monday, Schlitterbahn co-owner Jeff Henry was taken into custody in Texas.
They're all charged in connection with the 2016 death of 10-year old Caleb Schwab on Verruckt, a 17-story water slide, and with injuries others allegedly suffered on the ride.
The defendants are entitled to a presumption of innocence. If the charges are proved, however, Schlitterbahn should shut down the entire park, quickly and permanently.
If company officials won't take action, authorities should do it for them.
And while the legal process unfolds, Schlitterbahn must do more to convince the public it has changed its approach _ or customers will correctly decide to go somewhere else.
The indictment claims the company knew of critical safety problems with Verruckt, the park's now-closed water slide, before the accident that killed Caleb.
Design standards were ignored, the grand jury says. Riders were hurt. Builders rushed to finish the ride.
The Verruckt manual "failed to instruct employees how to operate the ride," the indictment says.
"No guidance was given for inspecting or repairing critical safety systems," it continues. "Maintenance information was essentially non-existent, which manifested in Verruckt's state of severe disrepair."
Schlitterbahn says it will fight the charges. "The indictment presented is so full of false information that it has shocked the Kansas legal community," the company said in a statement Monday.
But the accusations will raise serious concerns for anyone contemplating a visit to the park this spring and summer.
Closing the park before the defendants go before a jury would be premature. And closing the facility without proof of wrongdoing would punish innocent employees.
At the same time, the safety of visitors must be the priority.
Kansas has strengthened its amusement park inspection regime since the fatal accident. But Schlitterbahn Kansas City must do more to illustrate its commitment to safety, or patrons should simply stay away.
The company could pay for an independent safety inspection, for example, and allow reporters and cameras into the park to observe the inspection process.
The Kansas Department of Labor should commit to a permanent annual audit of Schlitterbahn's compliance with design, operation and maintenance standards. That audit should be easily accessible for the public.
Some argue these suggestions represent unreasonable regulation of a private business. It's a common complaint, and it underlies the current push to shred regulatory protections across the United States.
But regulations save lives. The Schlitterbahn indictment says Verruckt was designed haphazardly without oversight from anyone other than its builders. It alleges the company knew the water slide was unsafe but let people ride it anyway.
Schlitterbahn's customers have a right to know if the park is operated that way now. Improved regulatory oversight remains the best way to ensure patrons' safety.
Without it, customers should simply avoid going to the water park. They would be justified in doing so.
