Columbus Zoo Appeals Court‑Ordered $1 EMS Surcharge Imposed by Liberty Township
Updated (2 articles)
Zoo Files Appeal Challenging Surcharge Legality On Feb 13, the Columbus Zoo and Aquarium submitted an appeal to the Delaware County Court of Common Pleas seeking to overturn a prior order that forced the zoo to add a “protect and serve” fee to each ticket [1]. The appeal argues the court erred by classifying the zoo as a “qualifying event venue” and by permitting the township to collect a per‑visitor charge [1]. The zoo contends the surcharge is improper and requests a reversal of the decision [1].
Township’s Fee Origin and Reduction Details Liberty Township trustees initially approved a $1 surcharge on general admission tickets in July, then lowered it to 75 cents before implementation [1]. The fee was slated to begin at the end of August to help offset emergency‑service costs incurred at the zoo [1]. Township Fiscal Officer Rick Karr reported more than 100 EMS calls to the zoo this year, totaling about $350,000, and noted the zoo draws roughly two million visitors annually [1].
Legal Basis Cited by Both Parties House Bill 315, enacted in April 2025, authorizes Ohio municipalities to charge up to $1 per admission ticket for public‑safety expenses, originally targeting large entertainment venues [1]. Liberty Township asserts the bill also covers the zoo, justifying the surcharge [1]. The zoo argues that the legislation does not apply to its operations and therefore the township lacks authority to impose the fee [1].
Previous Lawsuit Sought Immediate Halt In August, the zoo filed a lawsuit demanding a court order to delay the surcharge and to have the court rule that House Bill 315 does not apply to the zoo [1]. The suit sought an injunction against the township’s fee and challenged the legal foundation of the charge [1]. This earlier action set the stage for the current appeal filed in February [1].
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Timeline
Apr 2025 – Ohio enacts House Bill 315, authorizing municipalities to levy up to $1 per admission ticket for public‑safety costs, a law later used by Liberty Township to justify a zoo surcharge [1].
Jul 2025 – Liberty Township trustees approve a $1 “Protect and Serve” fee on Columbus Zoo general‑admission tickets, targeting the emergency‑service expenses generated by the zoo’s roughly two‑million annual visitors [1].
Aug 2025 – The township schedules the surcharge to take effect at the end of August, planning to collect the fee before the zoo’s peak summer season [1].
Aug 2025 – The Columbus Zoo and Aquarium sues Liberty Township, seeking an injunction to halt the surcharge and arguing that House Bill 315 does not apply to a nonprofit zoo that does not pay property taxes [1].
2025 – More than 100 EMS calls to the zoo generate about $350,000 in costs for Liberty Township, prompting officials to view the surcharge as a direct cost‑recovery measure [1][2].
Late 2025 – After the initial $1 proposal, township trustees lower the fee to 75 cents, maintaining the goal of covering fire and EMS expenses [1][2].
Jan 28, 2026 – Delaware County Judge orders the Columbus Zoo to add a 75‑cent ticket surcharge, stating the fee will fund Liberty Township fire and EMS services; Administrator Cathy Buehrer says, “The Protect and Serve Fee is solely to cover township first‑responder expenses, not to shift costs to residents.” [2].
Feb 13, 2026 – The Columbus Zoo files an appeal challenging the court‑ordered surcharge, disputing its classification as a “qualifying event venue” and asserting that the $1‑per‑visitor charge exceeds the township’s authority under House Bill 315 [1].