The Moniteau County Fair board was awarded judgment against PBJ Happee Day Shows for breach of contract on Jan. 5.
Moniteau County Fair Board lawyer Brian Wolford explained in January of 2021, PBJ Happee Days Shows contracted with the Moniteau County Fair to put on a carnival for the 2021 County Fair, which was to run from Aug. 2 to 7.
"They were to supply 12 rides to the county fair. And they were to give the county fair 20 percent of the ticket sales plus $100 for each vendor that they brought in," Wolford told the Democrat.
Considering the carnival's 51-year history of providing services to county fairs and other events, Wolford said the Moniteau County Fair Board was confident they would be able to perform. However, PBJ Happee Day Shows later informed board President Travis Peck it would be unable to supply the fair because it was not able to get enough workers via the H-2B Guest Worker Program.
The H-2B Guest Worker Program is a federal work program where non-resident aliens or citizens of foreign countries can work in the United States for a period of time. Under that program, workers get to immigrate into the United States on a temporary basis, perform work, send the money home and return to their country of origin afterward.
At the time of the Moniteau County Fair, however, PBJ Happee Day Shows was found operating their services at other events. This led to a breach of contract and to the lawsuit in question.
Wolford's argument during the trial was the company knew about these conditions when they entered into the contract back in January and had plenty of time to secure other employees.
During the trial, it was shown the company did provide its services a week before for the Cole County Fair and a week later for Washington County Fair in Potosi, which is when the Moniteau County Fair took place. At both events PBJ Happee Day Shows hired local individuals to work the carnival.
"They could have done it here in Moniteau. And in fact, when the defendant and owner was on the stand, she testified that had never crossed her mind. She didn't think to do that and didn't think to advertise," Wolford said. "So I, I felt from the start, we had a pretty good case of breach of contract and judge would agree with us."
The Moniteau County Fair won the case and the judge ordered the company to pay what the county fair had received from its 2020 carnival vendor, which was $7,050. According to Wolford, PBJ Happee Day Shows has paid the judgment that was ordered.