Demolition Derby enthusiasts spoke up this week at a La Plata County Fair Board meeting in support of allowing 16-year-old drivers to compete in the smash ’em up driving competition.

As it is now, drivers must be 18 years old to compete. The fair board asked La Plata County commissioners to consider allowing 16-year-olds to compete, but commissioners declined the request, citing liability concerns.

La Plata County officials say the fair board did not follow proper procedures for seeking an amendment to a contract that prohibits anyone under the age of 18 from participating or enter the pit area during the demolition derby.

The derby is one of Durango’s largest events, bringing in a crowd of more than 1,400 people last year. This year’s derby is scheduled for Aug. 13.

Some derby drivers said they don’t understand the reasoning for the age limit being 18, noting that other counties allow 16-year-olds to compete.

Longtime derby driver Ralph Brawley said 16-year-olds have state driver’s licenses, and in counties where 16-year-olds are allowed to drive in derbies, both parents and the driver must sign a waiver to compete.

Brawley said the county’s insurance provider is OK with 16-year-olds participating as long as their parents sign a waiver, so he wonders why county officials are prohibiting it.

Fair board members insisted the issue is out of their hands. The drivers would need to present their case to the La Plata County commissioners or speak with the county attorney.

Derby participants were also informed this year that no one younger than 18 could be in the pit area during the derby. The county is considering hiring extra security to prevent kids from going near the track.

“I was told they would be hiring security to make sure that we didn’t allow underage people to be drivers or to be in the pit area,” said fair board member Sheryl Ayers. “And I found that a little bit offensive because in their (the county’s) contracts they said that we would have to pay county staff who worked overtime.”

Ayers said it is unlikely the rule will change this year, but the board did look into the matter.

Ayers said the fair board and Demolition Derby Superintendent Lynn Dobbins asked the county to change the age limit and even checked with an insurance provider about allowing 16-year-olds to compete, and the insurance company had no problem approving it.

However, the request was denied by the county commissioners, and the fair board signed a contract with the county so it could begin preparing for this year’s fair.

Ayers said the board tried multiple times to contact county commissioners about the age requirements but didn’t hear back. The fair board eventually received word that county commissioners planned to meet in executive session about the matter.

The board’s request to lower the age limit was denied days after the executive session.

La Plata County spokesman Ted Holteen said the fair board needed to file a formal proposed amendment to the contract for the county attorneys to evaluate.

La Plata County Commissioner Clyde Church said liability issues and protecting taxpayer money are the reasons behind the age requirement.

“It’s really a liability issue,” he said. “You know, insurance companies, if there is an accident, they’ll sue everybody on-site and they’ll go for the deep pockets the hardest. We just want to make sure we protect the taxpayers’ money and we use it wisely.”

Church acknowledged there are plenty of capable 16-year-old drivers, but from a county standpoint, commissioners could not get over the liability issue that could arise if there were a serious injury involving a minor.

Even with parent and driver waivers, Church said there is a substantial risk of litigation.

“You can’t sign a waiver that is 100% full-proof and won’t come back on the county to the extent of possibly several millions of dollars,” he said.

Because the fairgrounds are on county property, Church said the county could be sued regardless of the derby’s insurance policy, and the county would not only suffer the punitive damages but also the cost of legal fees.

Brawley said the derby takes safety precautions seriously and has strict rules about safety.

“We have to have seat belts. We have to have roll bars. We have to have welded bars on the driver’s door to protect the driver at all times,” he said. “Everything has to be welded or bolted. You have to wear a certain type of helmet along with a neck collar for your clothing, you know, like long-sleeve shirts, no open-toed shoes and must wear long pants.”

Brawley said he has witnessed only one medical incident during his time as a driver. He witnessed an older man overcome with heat exhaustion during an event but no physical injuries.

Church said commissioners met in executive session to discuss the age requirement because it was a legal matter.

He said the county has never allowed minors to enter the derby, but commissioners have their suspicions about underage participation in the past. He said the county is in the process of consulting with an engineer to see if there are ways to make the Demolition Derby safer.

tbrown@durangoherald.com