COLUMBUS, Ohio — Fear of frivolous lawsuits should not prevent farmers from inviting people to visit their farms. That is why Ohio state Rep. Tony Burkley (R-Payne) introduced House Bill 80.
The measure passed the Ohio House unanimously and has moved to the Senate. It would not protect the agritourism operator if there is intentional intent to harm, or if the operator is aware of something dangerous on the farm, Burkley explained.
"Those things that are inherent to agritourism, whether it be uneven ground or just things that are natural on a farm – this bill tries to limit the civil liability of those areas," he said. "You would still have to have insurance. This bill limits some of the exposure the person doing the agritourism activity would be exposed to."
Because more people live away from the farm, they need the opportunity to visit a farm and see what happens in the community, he said. People need to be aware of where their food comes from and what it takes to produce it. They need to be educated about Ohio’s No. 1 industry.
"Whether it be going to see somebody who has chickens or cows, going there and just being able to touch a cow or a horse, just making kids aware of what a farm entails," Burkley continued. "Anytime you have people becoming aware of where their food comes from and what it takes actually to produce it, we can use that to educate the public."
There were also concerns about agritourism and Current Agricultural Use Value (CAUV) – that is, if a piece of land was a corn maze for just a month or so, would the bill exclude it from CAUV? Burkley worked closely with the legal community to be certain the bill was structured so that would not be the case.
"It surprised me how much support this bill had," he explained. "Everyone from petting zoos to people who had a corn maze, the wine industry and the you-pick-your-own strawberry people."
Joyce Brown, Brown’s Family Farm Market, said she loves to invite people to the farm. But it is a concern; what if someone gets hurt? She thinks the bill is a good idea. So did Cindy Meyer, extension educator, Butler County.
"This is a concern that we’ve always had, especially with our tours," Meyer said. "I think with a bill passing and helping to reduce some of those dangers of lawsuits, it will enable a lot more farms to think about participating in our tours and our Farm Day event. I am glad to see it."
It also helps people who want to conduct agritourism, she said. People are looking for ways to keep their farms going, and agritourism such as corn mazes and other activities are a way to do that. "I think that is great," Meyer said.
