As Chicago united around Alisha Brennon, hospitalized in the wake of her fiancé's death at the Indiana State Fair last week, another lesbian widow in Indiana filed suit over her partner's death in the same incident.
Beth Urschel, 49, of Wanatah, Ind., is seeking more than $60 million in the wrongful death of her partner of 10 years. Tammy VanDam, 42, died in the stage collapse that killed six others Aug. 13.
The suit alleges that fair officials failed to take necessary precautions during bad weather that resulted in the collapse of the stage.
Kenneth J. Allen, a personal injury lawyer who is representing Urschel, alleged that fair and concert producers failed to protect attendees by ignoring bad weather warnings and constructing a shaky stage.
"They are trying to pretend like this was an act of God," Allen said.
Allen has filed a similar suit on behalf of VanDam's 17 year-old daughter.
Both, said Allen, were filed in an attempt to halt plans to move the wreckage, which will likely be used as evidence in the case.
Andy Klotz, public relations director for the state fair, declined to comment on the suit.
The suit also names several companies involved in the concert production.
Mid-America Sound Corporation, which owns the collapsed structure, is one company named in the suit. A spokesperson from Mid-America said that the company was in the process of drafting a press statement. In the meantime, the company posted condolences on its website.
"All of us at Mid-America Sound are deeply saddened by the devastating tragedy at the Indiana State Fair this past Saturday, August 13," the statement said. "We have extended our condolences to the victims and their families. An independent investigation has been initiated as we work to understand, as best we can, what happened Saturday night."
Allen said the suit also aims to challenge discrimination against LGBT couples in Indiana.
"It was impossible for [Beth] to reclaim the remains on her spouse," Allen said, adding that Urschel had to track down VanDam's ex-husband in order to release her remains from the Marion County Coroner.
According to Alfarena Ballew, chief deputy coroner, VanDam's remains were released to her brother. Ballew said that she did not have knowledge of Urschel requesting VanDam's remains.
Ballew said her office had no official policy on the release of partners in same-sex unions from other jurisdictions but said that her office would most likely allow it.
"I don't think it would be an issue," Ballew said.
Last week, rumors swirled that the coroner's office refused to release the remains of Chicagoan Christina Santiago to her partner Alisha Brennon, due to lack of recognition for same-sex couples. That story turned out to be inaccurate, however.
It remains unclear if Urschel's story was the incident in question, reported initially about Santiago and then retracted by The Bilerico Project.
According to Allen, Urschel and VanDam had been married in Hawaii but were quiet about their relationship in Indiana where their marriage was not recognized. Now, Allen said, he wants the lawsuit to challenge lack of recognition for same-sex couples in Indiana.
"When someone is in a state of grief, to impose on them the hardship of discrimination is just unforgiveable," said Allen, who added that he intends to advance the issue of partner rights in Indiana beyond this first lawsuit.
Asked if $60 million was a steep demand, Allen said that he and his client want people to understand that the collapse "is a big deal." Allen said others who lost family in the incident have also contacted him about joining the suit.
According to Allen, Urschel took VanDam to the concert as a birthday present. She was also injured during the collapse and has been released from the hospital after losing part of her foot.
