Two 11th-hour lawsuits are once again questioning the merits of Lafayette Utilities System's fiber-to-the-home proposal. The suits contend that LUS plans to illegally subsidize a new telecommunications department through its utilities division.
BellSouth filed suit late Friday on the heels of a Thursday suit by Lafayette residents Elizabeth Naquin and Matthew Eastin. Both suits challenge the ordinance that city-parish government has approved to issue $125 million in bonds for LUS to build out a fiber-to-the-home network. The network would allow LUS to offer phone, cable and Internet service to Lafayette homes and businesses.
BellSouth's suit says that LUS should not be allowed to use any utility department revenue to pay off bonds for the new venture. State law, agreed upon by both BellSouth and LUS last year, states a government entity like LUS is allowed to pledge its utility resources "to obtain the best available interest rates, terms and conditions for the bonds."
LUS plans to use utility department revenue for any bond payments that its telecommunications division can't cover during its beginning years. However, BellSouth argues that creditors should only be allowed to collect money from LUS' utility division after LUS has defaulted on its loan.
Local BellSouth representative John Williams did not return a call for comment by press time, but BellSouth Louisiana President Bill Oliver issued a statement last week. "BellSouth is opposed to government competing with private enterprise and using any form of subsidy to ensure the success of their business plan," said Oliver.
LUS Director Terry Huval says the suits amount to nothing more than a delay tactic to keep incumbent telecommunication providers from having to compete with a new player. He says the bond ordinance now being challenged is the same that the city-parish government approved in January ' before a Bellsouth and Cox Communications lawsuit prompted LUS to first get voter approval before moving forward. Voters approved the $125 million bond ordinance in July. The city-parish council approved the new bond ordinance last month, and last Friday was the last day anyone could legally challenge it.
"They waited until the absolute last day," says Huval, "and it's my understanding, the absolute last minute [to file the lawsuit]. They've had nine months to address these issues. So, the whole purpose of it is a delay tactic." ' NS
LOUISIANA BUSINESSES SHUT OUT OF FEMA CONTRACTS
Louisiana businesses across the state are hoping that recently hired FEMA Director David Paulison will make good on his promise to a Senate committee last week to rebid all the no-bid contracts the agency awarded post-Hurricane Katrina. The Times-Picayune reported on Monday that only two out of 140 contracts FEMA awarded through Oct. 3 have gone to Louisiana companies. Those two contracts amount to less than half of 1 percent of the $1.6 billion total awarded for items and services such as trailer homes and satellite phones. ' SJ
Clothing retailer Abdalla's, a Lafayette fixture for more than a century, announced last week that it is closing its doors.
The family-owned business first opened in 1895, and over the years had locations in New Iberia, Opelousas and Abbeville. The company eventually shuttered those stores and devoted its resources to the Oil Center location, which opened in 1999. With its signature blue sign in cursive script, the red brick building in the Oil Center remained a favorite spot for generations of Lafayette shoppers.
But the changing retail landscape and increasing presence of chain retail stores such as Wal-Mart and Target appears to have proved too much for Abdalla's. In a letter to their customers, co-owners Barbara Abdalla Black and Tom Black cite increased competition and dwindling revenue and write that it is "almost impossible for a single unit, family-owned department store to be profitable."
No official closing date for the store has been announced, and co-owner Barbara Abdalla Black did not return a call for comment by presstime. ' SJ
SAINTS' CHALLENGES DEEPEN ON AND OFF THE FIELD
After an inspirational victory over the Carolina Panthers in their season-opening victory the week after Hurricane Katrina, the Saints outlook has never been gloomier.
The team experienced one of its worst defeats in franchise history last Sunday, getting routed 52-3 by the Green Bay Packers thanks to a listless performance that prompted Sports Illustrated's Peter King to write, "No team, and I mean no team, should have put on a horsecrap performance like the Saints put on."
But things went from bad to worse on Monday, when X-rays showed that running back Deuce McAllister had a torn ACL and would miss the rest of the 2005 season. Without McAllister, their best player, the Saints face an uphill battle, and their chances of making the playoffs this year appear slim at best.
It's the scenario that diehard Saints fans dreaded most. Without a spirited run deep into the playoffs and steady fan support throughout the season, Saints owner Tom Benson might finally make good on his threat to move the team to another city. The Superdome sustained extensive damage during Hurricane Katrina, and chances for the new stadium Benson still covets are almost nil as New Orleans faces more pressing challenges. Coupled with anemic ticket sales for the team's three upcoming Baton Rouge games and the economic base in New Orleans a huge question mark for the foreseeable future, Benson the businessman could now claim that he doesn't have the financial support in Louisiana to keep the team here.
Further complicating matters is the legal term "force majeure" in the team's current contract with Louisiana. The San Antonio Express News reported last week that the clause frees parties from liability when an "act of God" prevents one or both parties from fulfilling their contractual obligation. Katrina certainly appears to qualify as force majeure, meaning Benson has a 90-day window where he could attempt to void all contractual obligations with the state. The 90-day window expires Nov. 28.
The Board of Elementary and Secondary Education has stalled action on a $3.5 billion annual school funding formula due to state lawmakers by March 15.
The New Orleans Saints have yet to make it official as of this writing, but popular wide receiver Lance Moore has reportedly been cut by the team to free up salary-cap space on the roster.
While two medical marijuana bills are slated for the upcoming legislative session, what some Louisianans might not know is that the plant was approved for therapeutic use by state lawmakers in 1991.
The agenda is shaping up to be lighter than in previous years. But Jindal is term-limited, with fewer than two years remaining in office, and he saw his last big initiative — a proposed rewrite of Louisiana tax law — collapse without getting a vote in 2013.
Sharper has been held without bail because of an arrest warrant issued by Louisiana authorities accusing him and another man of raping two women.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Friday, March 07, 2014:
Two Lafayette men have been revealed by police as the infamous duo behind a caper that shook our fair city to its core.
The Lafayette Parish School Board has received a second letter of demand related to last year’s insurance debacle, this time from Key Benefit Administrators claiming it’s owed $93,000 from the school system.
The Louisiana coastline is vanishing faster than mappers can keep track.
A bill that would have overridden local ordinances prohibiting public and private employers from discriminating against lesbian, gay and transgender people has been pulled within less than a week of being filed.
The panel that selects nominees for a controversial New Orleans area flood control board — a board that is suing more than 90 oil, gas and pipeline companies — is set to discuss legislation affecting its independence.
State prison officials cannot keep secret the seller and manufacturer of the two drugs purchased for executions at the Louisiana State Penitentiary, a federal judge ruled Wednesday.
State lawmakers will not appeal a judge's ruling that it was improper to use $3.7 million from a probation and parole officers' retirement fund to balance the state's operating budget.
Conservatives have been losing their minds over this satirical bit on the Colbert Report.
The Lafayette Parish School Board leaves a lot to be desired, but is scrapping the election process in favor of an appointed board the answer?
The House approved legislation Tuesday night to roll back a recently enacted overhaul of the federal flood insurance program, after homeowners in flood-prone areas complained about sharp premium increases.
The NFL has formally designated New Orleans' Jimmy Graham as a tight end for the purposes of his franchise tag value, which is now set at $7.05 million next season unless Graham and the Saints subsequently agree on a long-term deal.
A federal appeals panel ruled Monday that businesses don't have to prove that they were directly harmed by BP's 2010 Gulf Of Mexico oil spill to collect settlement payments.
The Louisiana Department of Transportation and Development has closed Interstate 10 from I-49 in Lafayette to Seigen Lane in Baton Rouge.
Jim Bernhard, who engineered the sale of The Shaw Group for $3 billion, recently has told several people involved in Democratic politics that he intends to run for governor in 2015.
A New Orleans levee board wants to hold the oil and gas industry accountable for decades of damage to our state’s coastline, but the Legislature may be poised to put the kibosh on the suit.
New standards curb elective induction
CVS stops tobacco sales
If an Acadia Parish fiddler misses a note while swatting a fly, will a St. Martinville accordionist learn “Ma ‘Tite Fille”?
(It's good, it's bad and it's just crazy)