LOCKPORT, N.Y. — A new bill proposed by New York Gov. Kathy Hochul could close a "loophole" in how oversight of cave boat attractions is handled statewide, calling to mind the death of a Niagara Falls man at the Lockport Caves last summer.
The "Cave Safe" bill has broad support among lawmakers and those impacted by capsizings, such as the one that took the life of Harshad-Kumar Shah, 65, of Niagara Falls.
Mr. Shah's daughter-in-law, Mirel, and Sheri Scavone, whose son was involved in a different capsizing at the Lockport Cave back in 2015, told 2 On Your Side they are pleased to see action being taken.
The Shah family has filed a notice of claim against the business. According to Lockport Police, Mr. Shah was trapped under an overturned boat for more than an hour before emergency responders could get to him.
If passed, the legislation would give inspectors the duty to inspect cave boats and other water vessels annually that operate in private or publicly owned caves. It would also require all incidents that occur to be reported to law enforcement and New York State Parks as well as apply restrictions on drinking while cave boating.
"With this legislation, we are closing a loophole to allow for additional safety regulations for vessels operating in caves. I look forward to working with the Legislature to ensure this becomes law so that we can keep passengers safe and prevent future tragedies," Governor Hochul said in a written statement to 2 On Your Side.
Perhaps the most impactful aspect of the legislation would allow inspectors to temporarily shut down attractions that pose a threat to public safety.
The bill reads, "Until such time as the inspector is satisfied that operation of the vessel does not pose a risk to public safety. An owner who permits the operation of a vessel which has not been issued a certificate of inspection or whose certificate of inspection has been suspended shall be guilty of a misdemeanor."
No criminal charges were ever filed against the Lockport Cave & Underground Boat Ride.
2 On Your Side has reached out to the Lockport Cave & Underground Boat Ride for their response to the proposed legislation but at the posting of this story, we have not heard back.