Lockport Cave owner sues City of Lockport, city officials following boat incident

BUFFALO, N.Y. (WIVB) – The owner of Lockport Cave and Niagara Zipper is suing the City of Lockport and several city officials after one person died on the underground boat tour last June.

The 50-page federal lawsuit against the former mayor, Lockport Police Department’s Chief of Police, the city’s chief building inspector and more, alleges that key witnesses weren’t properly interviewed about the incident and that the police investigation was biased.

More allegations include that the business’ constitutional rights were violated and the owner was left in the dark throughout the investigation following “persistent issues with Freedom of Information Law requests,” the lawsuit said. 

On June 12, 65-year-old Harshad Shah of Niagara Falls died and 11 others were hospitalized after the boat, holding 29 passengers, capsized while inside the cave, Lockport officials said in June. No criminal charges were filed following an investigation into the incident. 

The lawsuit alleges that the Lockport Police Department “failed to properly identify and interview key witnesses at the scene,” which includes a tour guide, who the lawsuit said remains unidentified in official reports.

It’s also alleged in the lawsuit that the chief building inspector may have sought a "kickback" to allow the business to reopen.

The inspector is also accused of citing “alleged electrical issues and code violations” at the Lockport Cave and while not citing “specific code sections” the owner was in violation of, according to the lawsuit. The inspector then cut power to the business, which impacted another attraction nearby, the lawsuit said.

The lawsuit also claims that city officials made “false and misleading” comments to the media that were “defamatory and damaging” to the owner’s reputation and business, which they claim caused “reputational harm and loss of business.”

WIVB News 4 reached out to the City of Lockport’s mayor’s office for comment but have yet to hear back.