MORRISON, Colo. -- A gust of wind created a stinky situation at Red Rocks Park and Amphitheater over the summer when the forced portable toilets to be lifted into the air and damaged a man's car.
“They’re clearly not safe when there’s wind possibilities," Andy Mowery said
The FOX31 Problem Solvers requested video from June when Andy Mowery's car was just in the wrong place at the wrong time.
"Put a big dent in this quarter panel," Mowery said.
Mowery says the damage is about $6,000. He filed a claim with the city of Denver, the agency that runs Red Rocks.
“The city says that they’re not going to pay for it because of government immunity," Mowery said. “They have a manager at the venue, and she stated that the incident that occurred is an act of god, and they’re not responsible for wind.”
The written response from the city said in part, "under the Colorado Governmental Immunity Act, there are limited exceptions for which a public entity may be held liable for damages."
The statement also says, "I must respectfully deny this claim and your request for compensation."
Mowery isn't just upset about damages.
“They need to be anchored down to protect people from being hit by one or thrown inside of one. we don’t need a tragedy to for see that this is eventually going to hurt or kill somebody," Mowery said.
“We did go ahead in the next couple of days to make sure those are staked more securely," Brian Kitts, a Red Rocks spokesperson said.
The Problem Solvers went out to Red Rocks and saw the port-a-potties were anchored down. Pictures Mowery sent us after the incident, show the toilets not anchored.
“Red Rocks has been open for 77 seasons and this is the first time we’ve ever had anything like that," Kitts said.
The Problem Solvers obtained the contract between the city of Denver and Liberty, the Porta Potty company. It lists sanitation expectations and delivery requirements, but the city only asks the contractor to properly secure units at the airport. It says nothing about other parks.
Mowery said, “It’s revealed that the city is basically being irresponsible about safety and they’re dong it for financial reasons that aren’t justified.”
Liberty, the toilet company, did reach out to the Problem Solvers late Thursday afternoon. They said they will pay for the damages to Mowery's car.
We will follow up to make sure they do this.