Talley Amusements v. The 32nd Dist. Agricultural etc.

FACTS

California is divided into numerous agricultural associations. (See Food & Agr. Code, §§ 3851-3904, 3951.) These associations are “state institution[s],” and their purpose is to “[h]old[ ] fairs, expositions and exhibitions” and to “[c]onstruct[ ], maintain[ ], and operat[e] recreational and cultural facilities of general public interest.” (Id., §§ 3953, 3951.) Defendant 32nd District Agricultural Association (the Association), which is the agricultural district for Orange County, operates the County Fair of Orange County (OC Fair). (Food & Agr. Code, §§ 3884, 3951.) This event is held every July and August at the Orange County Fairgrounds and welcomes over a million visitors during its 23-day run. For more than twenty years, the Association contracted with defendant Ray Cammack Shows (Ray Cammack) to provide and run the OC Fair’s midways, which is where the Ferris wheels, roller coasters and other rides, carnival games, and food concessions are located. Ray Cammack is one of the largest carnival operators in North America and for many years has operated the carnival midways for the OC Fair, the Los Angeles County Fair, the Arizona State Fair, and the Houston Livestock Show…