Rod Benders may have to roll out of town

The Rod Benders Borders 3 Jamboree in downtown Bonners Ferry may be driven down the road by city officials.

The classic cars may have to change where they park because of new insurance rules presented to the Rod Benders during a council meeting Tuesday.

“Bonners Ferry City Council has told us that they consider the car show dangerous and hazardous and are requiring an onerous hold harmless, waiver, release of liability agreement to be signed by each participant,” said Gene Andrews club president.  

Andrews said that of the Rod Benders members who were  asked,  they will not sign such an agreement. They also don’t want to try and explain such a waiver to all out of town participants.

“It is simply not possible during a short registration period to put a positive spin the demands in the proposed city waiver,” said Andrews.

  This the 14th annual Borders 3 Jamboree car show has been going through the planning motions since last year’s ended. Post cards have been sent, dates and times printed and until February plans were cruising along like a well oiled machine.

The annual show draws hundreds of folks to downtown Bonners Ferry.  Local businesses benefit from consumers who walk up and down Main Street viewing these classic cars polished and pristine.

If the location is changed the car club is afraid it wont be as beneficial to local merchants in downtown Bonners Ferry.  

City Administrator Stephen Boorman said that at the council meeting it was agreed that if the Rod Benders have a hold harmless clause of their own, the city wont require them to sign the new one.  

“At some point in time the right answer is whatever your attorney tells you, and the city attorney (Tim Wilson) has said this is the right answer and we have to follow his advice,” said Boorman.

Wilson recommended to city council that each participant of the car show should be required to sign this waiver.

Rod Benders has retained an attorney and Boorman said now that they have an attorney, it is up to the attorneys to come up with a compromise that the City of Bonners Ferry and Rod Benders can agree upon.

“For for thirteen years participants have been signing the wavier of liability on the sign in sheet that has not changed,” said Andrews.

The past waiver states that any one participating in the showing of their car during the event releases Rod Benders Car Club and the City of Bonners Ferry from all liability claims, personal injury claims, losses or damage to personal property caused during and because of this event.

The new waiver states that the Borders Jamboree may be of hazardous nature which includes strenuous exercise or activity that a serious accident is possible, and by signing the waiver the participant knows all risks including injury or possible death and release the city of Bonners Ferry from liability even if injury is a result of carelessness or negligence on the part of the city.

“During the event if there is a manhole cover we take off and we don’t put it back and someone falls in it, it is on us, however if there is a one inch differential on a sidewalk and someone trips on it and is injured then it is on Rod Benders,” said  Boorman.

The car club is not asking to eliminate any waiver of liability just to provide a reasonable waiver.

Rod Benders officials  have tried to discuss and clarify these matters with the city since the last week in February.  

Andrews said neither  Mayor Dave Anderson or the Wilson have responded to their requests.  

“We have sent written requests to the city for clarification with no responses.  We have attended council meetings and have not had our questions answered,” said Andrews. “We cannot attempt to explain such an agreement to the 200 out of town show participants and expect them to comprehend the requirements or willingly commit their corporate and family fortunes just to park a car in a car show.”

“We are prejudging whether it is dangerous or not dangerous; strenuous or not strenuous we just it is possible,” Boorman said. “It is a balance of protecting the tax payers dollars from law suits and allowing activities to take place that make the community vibrant like the car show.”

“At the end of the day we need a document that says, here is what we have to offer and we’re not going to put any risk on the taxpayer. By you holding this event you need to be responsible for your actions and we need to be responsible for our actions,” Boorman said.

Boorman said Wilson will work with Rod Benders attorney and address their concerns.

At this time the show is scheduled for Saturday, June 2, with registration at 8 a.m., judging at 1 p.m. and awards at 3 p.m., on Main Street downtown Bonners Ferry.  

Rod Benders officials ask that the public let the car club as well as city council members and mayor know their opinion on this matter.