The State Fair of Texas, Cross-Appellee, Steck & Stapf Attractions, Inc., Cross-Appellee v. United States Consumer Product Safety Commission, Cross

Despite the carefully articulated reasons set forth in the majority opinion which holds that an aerial tramway in an amusement park is within the jurisdiction of the Consumer Product Safety Commission under the Consumer Product Safety Act of 1972, 15 U.S.C. § 2051 et seq. (the Act), I continue to believe that the language of the Act itself, interpreted by taking the words as they are commonly and ordinarily understood, as well as the legislative history, dictate the conclusion that the aerial tramway • is not a consumer product and not under the Act. Consequently, I dissent.

Whether or not the…