SIX FLAGS SETTLES LAWSUIT FUND SET UP IN MAGIC MOUNTAIN BIAS CASE.

Byline: Amy Raisin Darvish Staff Writer

VALENCIA - Theme-park giant Six Flags Inc. has set up a $5.6 million fund to settle a discrimination lawsuit at Magic Mountain, where thousands said they were victims of racial profiling.

While the Oklahoma City-based company did not admit any wrongdoing, it also agreed to pay an additional $3 million to overhaul security at the Valencia park, and it has abolished all appearance-based screening of park visitors.

The class-action case grew from a 2001 lawsuit filed on behalf of park visitors who said they were detained and improperly searched based on their race and appearance.

Mike Arias, a Los Angeles attorney representing many of the plaintiffs, said the settlement represents more than just a financial victory. ``The most important part of this settlement is (Magic Mountain's) change in procedures,'' Arias said. ``They are doing away with what I would call screening based on appearance. I think Magic Mountain realized things were a little out of control.''

Some of the plaintiffs said they were pulled from ticket lines, questioned and denied entry to the park for reasons including race, choice of clothing and visible tattoos.

Officials at Magic Mountain said the company did not engage in any wrongdoing and chose to settle the case ``to prevent it from becoming too time-consuming and distracting from the everyday operations of the park.''

Sue Carpenter, public relations manager at Magic Mountain, said the park previously employed screening procedures that, while legal, have been abandoned.

``In the past we used a variety of methods - lawful, appropriate ways - to ensure a safe and secure environment,'' Carpenter said. ``But we haven't used those screening methods in over eight months. We now have everyone pass through metal detectors and we check every bag.''

Previous screening methods included questioning visitors who security officers recognized as possibly affiliated with gangs. ``If security noticed specific tattoos affiliated with known gangs, they would question them,'' Carpenter said.

Arias said the list of people claiming discrimination continues to grow and said there could be as many as 6,000 plaintiffs. Distribution of the $5.6 million will likely begin after October. Individual payouts will be determined by the number of substantiated claims.

Nearly six months before the settlement, Six Flags Inc. used some of the $3 million it will pay for improved security to establish a sheriff's substation on park grounds. One sergeant and four deputies from the Los Angeles County Sheriff's Department began full-time assignment in December at Magic Mountain.

Six Flags Inc. paid a one-time start-up fee of $183,000 and will foot the nearly $580,000 annual bill for the five-person team to operate at the park.

``It's a nice presence,'' Carpenter said of the sheriff's team. ``We still have our park security, but for matters like shoplifting or line cutting (for rides), we now have a peace officer to handle that.''

Six Flags also agreed to furnish 7,000 one-day park passes to people who, while not personally denied entry to the park, accompanied a person who was questioned and turned away. A court hearing on the settlement agreement is scheduled for Aug. 5 in Los Angeles.

Amy Raisin Darvish, [phone]

amy.raisin(at)dailynews.com