I remember being young and loving when the carnival came to town. I was never a thrill seeker and always hated roller coasters, but the carnival rides always seemed a little less scary because they were smaller than the rides at the big amusement parks. As I got older and thought about how many issues could come from these being constantly taken down and put up…they became less appealing. Later, as a parent, I have been so relieved that my children were born without the desire to scare themselves and only seem to like rides like the teacups.
We were at one of these temporary carnivals last week with the kids and just looking at the Zipper or the swings was cringeworthy.
While there, we noticed that on the Dumbo ride, three elephants were taped off with “Out of Service” signs attached.
The next morning I saw this headline.
I know that for many people, that fear and the thrill is the whole point and the fun of it all.
You not only willingly allow a machine to spin you, drop you or send you flying through the air, you actually pay for it.
Your head and your stomach might tell you this is a terrible idea.
But somewhere in the back of your mind, you trust that the people who run the operation and those operating the ride have made sure you’re going to come back down safely.
On June 7, thirteen-year-old Clayton Phillips got on a carnival ride and didn’t get off safely.
He was riding the Yo-Yo, a swing-style carnival ride operating at a temporary carnival outside the Butte Civic Center in Montana, when he fell from the moving ride.
He suffered catastrophic injuries and was airlifted to a hospital in Kalispell.
Two weeks later, on June 21, he died from his injuries.
Now, nearly two months later, a lawsuit filed by Clayton’s family is raising disturbing questions about whether his death could have been prevented.
His Family Says Some Seats Were Missing Restraint Components
A wrongful-death and negligence lawsuit filed on behalf of Clayton’s estate alleges that at least 10 seats on the Yo-Yo had missing or nonfunctioning restraint components.
According to the complaint, those alleged deficiencies included problems with crotch belts, clips, connectors or related restraint equipment.
The lawsuit alleges that the carnival operator, Midway West Amusements, knew some of the seats were deficient but failed to install an effective physical barrier that would prevent passengers from sitting in them.
The complaint alleges Clayton was allowed to occupy a deficient seat and that failures in the restraint system resulted in him being thrown, ejected or falling from the moving ride.
Those claims are allegations in a civil lawsuit. They have not been established as fact in court.
The lawsuit names Midway West Amusements, ride inspection company Shady Acres Safety Services, Butte-Silver Bow County and others, alleging failures related to the inspection, maintenance and operation of the ride.
There is also an important distinction between the civil lawsuit and an earlier criminal investigation.
Following Clayton’s death, authorities conducted a month-long criminal investigation that included interviews, inspection of the ride and review of photographs and video.
That investigation did not find evidence of criminal culpability on the part of Midway West Amusements.
Clayton’s family is now pursuing its claims through civil court.
But lawsuits and investigations only tell us how Clayton died.
They don’t tell us who he was.
Clayton Was Only 13
Clayton James Phillips had just graduated from eighth grade at Butte Central Elementary and Junior High School a few weeks before the accident.
He liked Legos.
He listened to Eminem.
He watched YouTube, played Minecraft, read Harry Potter, traveled with his family and hung out with his friends.
And for six years of his short life, Clayton did theater.
He was part of Orphan Girl Children’s Theatre in Butte, where he performed both onstage and worked behind the scenes.
According to the theater, Clayton appeared in productions including Ghosts of Butte, Finding Nemo KIDS, Santa Versus the Martians, Alice in Wonderland and Something Rotten!
He also worked tech crew for Matilda.
His theater family remembered a boy who brought humor, curiosity and character to the stage.
They remembered him as kind.
Thoughtful.
Funny.
And loved.
After Clayton died, his castmates began a memorial outside the theater where people could leave flowers, drawings, photographs, notes and other small reminders of the boy who had spent so much of his childhood there.
Orphan Girl Children’s Theatre has now announced that its entire 2026-27 season will be dedicated to Clayton’s memory.
Here’s How We Can Do Something Good
Nothing we donate can change what happened to Clayton.
It can’t give his family another birthday with him.
And it can’t put him back on the stage with the kids who spent six years growing up alongside him.
But maybe we can help make sure there are still kids standing on that stage.
Clayton’s obituary specifically asks that, in lieu of flowers, memorial donations be made to Orphan Girl Children’s Theatre or the Clayton James Phillips Scholarship Fund at Butte Central.
Orphan Girl Children’s Theatre is a nonprofit organization that has provided performing-arts opportunities to young people in southwest Montana since 1997.
The theater says memorial gifts made in Clayton’s honor will help keep its stage open and welcoming to young performers—the same place where Clayton spent six years finding his own place under the lights.
There is also something especially fitting about helping a children’s theater in memory of a child who gave so much of himself to it.
Because Clayton’s life shouldn’t be reduced to the terrible way it ended. The theater said it beautifully: “The spotlight remembers.” Maybe we can help make sure that spotlight keeps shining.
While supporting the theater is a very personal way to honor Clayton, there is another way we can respond to a tragedy like this: supporting amusement-ride safety.
The National Association of Amusement Ride Safety Officials (NAARSO) is a 501(c)(3) nonprofit dedicated to advancing amusement-ride and device safety through education, training and certification of inspectors and operators.
NAARSO is not being presented as having any connection to Clayton’s accident, the ride involved or its inspection. I’m including the organization because its mission addresses the larger safety issue this tragedy raises.
Sources
KRTV/MTN News: Local reporting on Clayton’s death, the investigation and the wrongful-death lawsuit.
PEOPLE: Reporting on the allegations contained in the family’s civil complaint, including alleged deficiencies involving restraints on multiple Yo-Yo seats.
Clayton James Phillips’ obituary — Duggan Dolan Mortuary: Biographical information about Clayton, his interests, schooling and six years with Orphan Girl Children’s Theatre. The obituary also identifies Orphan Girl Children’s Theatre and the Clayton James Phillips Scholarship Fund as suggested recipients for memorial donations.
Orphan Girl Children’s Theatre: Statement remembering Clayton, his productions and theater work, the memorial created by castmates, dedication of the 2026-27 season in his memory and invitation to make memorial donations in his honor.
Orphan Girl Children’s Theatre official website: Information about the nonprofit organization’s mission and work in the Butte community.