Florida Keys News - Key West Citizen
Saturday, March 21, 2009
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City owes Duck Tours $8M
Settlement ends antitrust lawsuit; city saves millions

In an emergency, early-morning meeting Friday, Key West city officials voted to settle the Duck Tours Seafari lawsuit for $8 million.

The money will come from the city's reserves, City Manager Jim Scholl said.

The settlement is due by April 20. Following that, the city will have about $4 million remaining in its general fund reserves, said city spokeswoman Alyson Crean.

The settlement decision came after a week of testimony during which lawyers for the city tried to convince the eight-person jury that the Duck Tours company was worth about $1.4 million in 1996, when the city forced it out of business with illegal franchise agreements with Historic Tours of America. Lawyers representing the Duck Tours told the jury the business was worth about $13 million.

It would have been up to the jury to decide on a value somewhere between the two figures, and any award would be subject to interest that had accrued since 1996, City Attorney Shawn Smith told the City Commission, as he outlined best- and worst-case scenarios.

If the jury had sided with the city and awarded the Duck Tours $1.4 million, the city would have had to pay a total of $4.5 million. A jury award of $13.5 million would have cost the city $30.5 million, City Attorney Shawn Smith said.

There also was a good chance the jury would have "split the baby" and awarded the Duck Tours $6.5 million -- halfway between the two figures, Smith said. That would have cost the city $15.4 million, Smith said.

The Key West City Commis-sion voted 6-1 in favor of the settlement. Mayor Morgan McPherson dissented, saying the city should take its chances that the jury would award Duck Tours less than $3 million.

Attorney Mark Miller, who has been representing the city at trial, recommended that city officials approve the settlement.

"While I think this jury is convinced that $13.5 million is not realistic, I don't think a judgment of $3 million or more is unrealistic," Miller said.

In 2007, a different jury decided the city had violated antitrust laws, and ruled that Duck Tours owners were entitled to damages. That jury ruled the city owed Duck Tours $13 million.

The city appealed that figure and the new trial to calculate the damages started in Key West last week.

Smith told the commissioners Friday morning that settlement negotiations had continued throughout the two-week trial, and as of Friday "the numbers we were authorized to settle with, and the numbers they presented started to get closer to each other."

Attorney Mick Barnes, who represented the Duck Tours owners, was unavailable for comment Friday, as he was on an airplane, his assistant said.

mbolen@keysnews.com

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Segways? No WAY! It's another way for tourists to die.

Speaking of Segways, I think of stupid tourist vehicles. I saw some shiny 'electric' peach-colored electric vehicle about 1.5 hrs ago, pull out in front of a truck legally doing 20 MPH and it almost got creamed. This electric vehicle was filled withwhat appeared to be drunks, honking their annoying 'aoogah' horn. But hey, they were drunk tourists in an electrical'car' and thought they were on a golf course, I guess. (And, they'd not allow THAT or THEM on the golf course!) They were totally waiting to be killed for their stupidity. It's not Disneyland, for heavens sake. DO NOT ALLOW THESE STUPID SEGWAYS. The electric car people are enough!

The nerve of this person

Lets just agree to not allow this person.... what I cant get over is the attitude or contempt of the people who live on Key West. Its always those people like I wont sit with those people or that kind. Let me outline this for you Go away far far away you HATER! Move to a town where it is not a tourist attraction or the moto is the Duval Crawl! You are right it is not disney land but like them who in fact just lost a 25 million dollar lawsuit over the Segway Im sure Key West will also take a bath on this. Soon it will be an island of ducks riding segway's maybe the chickens will join in. I say lets just get rid of you and keep the segway at least it is not a negative hater...

Duck Tours

I have been visiting and contributing to the economy of Key West for several weeks during the holiday season each year since 1990. I got my bitter taste of the Bubba corruption in Key West after a serious accident resulting in permanent injuries.

ducks and segways

What will be next ducks riding segway's to the bank!

Segway Law Suit Next Mcpherson with his Segway Statue

Well with the Segway Lawsuit in full swing will they be the next payout? I have noticed that the Segway hype has lost its media attention for some reason? The Segway's are still here we have seen the KWPD stop some people yet the KWPD has not written one ticket? Could it be this law is unenforceable? Could it be another Anti-Trust violation? Could it be discrimination? What is worse is will McPherson get his Segway Statue before he goes and will it cost us another 8 million? Want to talk about lawyers like Smith and assitant who continue to tread quietly about the Segway issue. Yet the state law is clear that no city in the state of florida can ban the use of a segway on a sidewalk. Well only time will tell but I can see them getting the next big payout.

As a local....

As alocal, I can tell you Segways are a big problem. First the sidewalks are awful. The streets are awful. Segways are hard to balance and operate. They're NOT (REPEAT) NOT for handicapped people. If they can stand, they can walk. If they cannot stand, they can negotiate in wheelchairs. We have enough problems on our streets (i.e. pedicabs and tourists on bikes who think they can turn left in front of traffic and not be hit) without someone unstable on a vehicle that doesn't operate well on our bad sidewalks and bad streets. The whole Segway thing seems to be some sort of Segway-industry hype. No one wants them here. They're dangerous. They're a law suit waiting to happen. How can Segways be an 'anti-trust' issue? They're another stupid, useless vehicle run by inept tourists.

As a disabled Segway user...

I must say, as a local, you don't reflect well on your community.

Your sidewalks may be awful, I trust you know what you're talking about there. But Segways hard to balance and operate? I taught my 76-year-old mother to use one in 10 minutes. She went out and bought one for herself.

It is surprisingly difficult to fall off a Segway, actually, since IT does the balancing. It is stabilized using gyroscopic sensors; in effect, it has its own "inner ear".

Why should I use a wheelchair, if I don't have to? I have one; I've spent a lot of time in it. It's bad for you. If I can stand -- I want to stand. And it's the law. This is no left-wing bleeding-heart plot, either -- it was pushed for by Republicans, and signed into law by Bush the elder.

What lawsuit are you anticipating? Due to your shameful sidewalks? Better fix them before somebody in a wheelchair tips over, or some kid falls and hits his head. Banning Segways is not a solution to your local negligence.

Nor do you get to get to make the rules. You do not get to say who comes to your town. We aren't that kind of country -- we stopped letting people say "we don't want your kind around here" a long time ago.

Instead of your outpouring of hate -- why don't you start a movement to fix up your local sidewalks. I assure you, local pedestrians will be the primary beneficiary -- you "locals" use the sidewalks far more than your hated Segways or out-of-towners.

-- Bob Kerns

As a local should

when you ban one product in a category you violate anti trust! Same with the duck tour prohibit one tour not another! The issue at hand is Segway (Electric Personal Mobility assistive Device) someone who can stand can not walk! Will you be happy if the segway has a Seat.. see segseat and guess what there just goes your theory. The problem still lies in a wheelchair is not a wheelchair it is a EPMAD or ECV so an Electric chair vehicle? Vehicle why are they not registered? so a new definition being offered for Segway is now ESV can you say standing vehicle. Back on track the idea of banning one type of a line of products that are in the same category is violating anti trust! All the city has to do is ban rascals, hoverarounds, scootarounds, and any other device in that category and they have the case won. So instead they cant, wont and will loose. I invision a giant Segway building being built with the reserve money from what I heard the Segway guy is not like the duck guy he will stay and rub in deep until it is plain as the day is long. I heard since I work down the street that they have 20 more comming in a few days..

Preventive Law Counseling Anyone?

Hasn't anyone in government service in the keys heard that the reason you hire in-house attorneys is to practice preventive law and give legal advise? Most cities and counties hire their attorneys to give them "preventive law advise" so the taxpayers don't have to pay for unnecessary and stupid lawsuits. I'm shocked that I never hear any city or county attorney speaking up and giving real legal advise. Basically, when a question is asked they keep their mouth shut or say, "yes, you can do it" and then rush back to their office and wait for the lawsuits to start arriving. This type of shoddy legal advise used as a form of "job security" is one that the residents can not afford. The attorney should be fired on the spot if he or she can't give you a straight-forward legal analysis of the pros and cons of every proposed action on the agenda so the public official can make a well informed decision about voting. The law does not straddle the fence - it's legal or it's not. If the public official has been told the proper law and choses to be belligerent and ignore the law, then surely taxpayers will remember that at election time.

2 legal eagles in a land with no sky

Listen if you want legal advice from the two of them you must be out side of your mind. Between the two Im not sure which one is worse? neither of them can read a law book or are able to understand the fundamentals of what the law is or is not..

The Root of the Problem

What is the Root of the Problem ? Do the citizens look at what their "officals" are doing ? When we start paying very good wages to our public officals and making them personaly responsable, then we can expect better. The system we have is like setting the dinner table and leaving the dogs loose, then leaving the house. When we come back in a couple of weeks the food is gone and they have pooped in the house. The SPCA has a warrant for our arrest and we will pay the fine.

Love your analogy.

I could not have said it better. When public officials commit malfeasance with taxpayers' dollars, we should start suing them personally. Then we will get officials who are truly interested in public service.

And then there was McPherson's 'duck' thing

He used that against Weekly to win. And in the end, he's the one who wanted this to continue on. Guess he wanted it to be settled after he was voted out of office, thinking no one would connect him to this awful cost. BUBBA BUST!

Bubba Bust

Hey did you post the same thing on the Acevedo blog? Whats up with the BUBBA BUST?

Oops, there goes the new City Hall...

Thanks to Jimmy Weekley, Harry Bethel and the rest of the old gang... We sure ground Duck Tours into the dust... GOLD DUST!

GONE LIKE THE WIND

$8M of $12M in reserves gone; it's like we're spending someone elses money. It's our money, to be used for our city, and we're giving it away to pay for the damage that our city officials caused. And Ed Swift is laughing all the way to the bank. Can I sign up for an adult education class that teaches these skills of deception?

Millions in reserve accounts

What city has 12M in reserves? That money could have been used for so many good projects in Key West. It is such a shame. The company with the monopoly should be paying the 8M. They are the ones that profited. Or maybe they already did, to get that judgement, just not to the city, but the city officials.

With city money flying away

Just try to get them to come out and actually ticket a vehicle that's parked facing the wrong way, in a residential space for half a day. That's an expensive ticket, right? I see a half dozen of those a day but they never send anyone to ticket it. That's easy money, just falling through the cracks. So, say, it's a $100 ticket, 6 a day that I see, times 365 days a year? That'd be theoretically, $219,000 in the city coffers from just one person's observation. The city also hasn't maintained the resident parking spaces and haven't painted them regularly. This negligence costs the city a lot of money. I've even found a parking officer and taken him to where the vehicle is and they still don't do anything. One told me he 'forgot his ticketing machine'. HUH? They whine about no money yet they are simply refusing to do their job, which would bring money in to the city. They're really fast to ticket a local scooter 'cause they know they'll FIND the locals. But have you seen a bunch of spring breaker rental scooters ticketed? Doubtful.

Settlement ends lawsuit; city saves millions ????

Saves Millions????

Shawn Smith and Mayor Whoopee Cushion let Ed Swift (the Whoopee Cushion's brother's employer) out of the case for pennies and now pay the Duck Tours more than five times the settlement in interest and legal fees

and you report this as saving the city millions???

You must have gone to Key West High or you are just spinning for the bubbas

Mayor McWhoopee Cushion used to bring a little rubber ducky tothe debates with Jimmy Weekly promising to settle this lawsuit immediately ...

.... almost four stubborn years and 8 million dollars later you characterize this as saving the city millions????

Time for you to pass the pipe

Quack Quack

Saves Millions??

I'll tell you what, if the city wants to save more millions, they can cut me a check for $8 million, too.

Former employees

Will any of the former employees who lost their jobs with the Duck Tours receive any compensation?????

8 Million

Since Ed Swift gained for this action of restraint of trade He should pay!!!!
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