Harburg KS-A new class-action suit filed on behalf of the residents of a small Midwestern town devastated by a killer tornado two years ago raises new questions of influence and accountability for mass media. The suit, filed by citizens of Harburg, Kansas pits the town against MGM Studios, makers of the 1939 classic The Wonderful Wizard of Oz.
(The audio version of this post is available here on Youtube.)
In Harm's Way
The plaintiffs claim that MGM "did lull residents into a false sense of security when the tornado was reported, and even encouraged them to remain in harm's way in anticipation of the thrill ride of their lives.""We always knew the house would pitch if it got hit by a twister, and probably a few of the hinges would unhitch," said Ebenezer Gale, whose home was destroyed by the storm, "but we'd seen the 'Wizard of Oz' dozens of times over the years, so we figured we'd just fetch up on a rainbow and put down somewheres in Munchkin Land. You can't find a vacation that cheap on Priceline.com.”
"Sure we got a storm cellar," said Emily Gale, "Everybody's got a storm cellar, you old fool. But who wants to be cooped up there when you could be visiting the Emerald City gettin' one of them makeovers, and maybe meeting Glinda the Good Witch?" Mrs. Gale had both legs broken by flying debris, and is confined to a wheelchair at this time. “We also lost a cow and several chickens in the storm. Just disappeared. We figure the Munchkins have got ‘em. We want ‘em back. If that wizard wants to play hardball, the president has promised to serve ‘em with tariffs.We believe in only licking American lollipops, anyway.”
Lawyers for Amazon MGM say the case has no merit. "The Wizard of Oz shows clearly that relocating real property by means of meteorological phenomena is inherently risky," said lead attorney Elvira Gulch. "Characters in the film are consistently portrayed as being threatened by wicked witches, flying monkeys, hostile trees, as well as lions and tigers and bears. The citizens of Harburg did not equip themselves with so much as a bucket of water to protect themselves, much less ruby slippers, which are a comparatively inexpensive insurance policy. Nor did they comply in using wicked witches to absorb the brunt of the impact when their houses landed. We feel confident the court will absolve us of negligence in this case. We're withholding the option of a countersuit."
But Gloria Allred, acting on behalf of the plaintiffs, disagreed. "MGM's move states up front that happy little bluebirds fly over the rainbow, and troubles melt away like lemon drops. Nowhere does it advise consumers to seek shelter. Perhaps the studio was not culpable in 1939 when consumer protection law was in its infancy. But their insistence on re-releasing the film without any disclaimers shows they still adhere to the dangerous policies this movie promotes.

"Frivolous Charges"

Culpability

And we’ve learned from discovery that the so-called
Wizard is a chiseler and a crook with no authority to
employ weather control devices. There’s no place like court."
Also named in the suit is the former insurance company for several of the town's residents, Mutual Aid eXchange, which declared bankruptcy in 2023. When pressed for comment, former CEO Arch Villeen shrugged his shoulders and said, "We're not in Kansas anymore."
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