Lawsuit settlement needed by April 4 or South Lake Tahoe July 4 fireworks show canceled
Submitted by editor on Fri, 03/28/2014 - 9:00am
The message to Joseph and Joan Truxler is simple and clear: Meet with us, come up with a solution and drop your lawsuit by April 4. If the suit isn't dropped by then the South Lake Tahoe 4th of July Fireworks display will be canceled.
An overflowing and passionate crowd of community members, business owners and politicians packed the Lake Tahoe Visitor's Authority emergency board meeting on Thursday afternoon. They were all there to hear how the board was going to respond to a lawsuit by Zephyr Cove residents Joseph and Joan Truxler. The Truxlers said the fireworks shows violate the federal Clean Water Act and that organizers didn’t get a permit for the fireworks display.
The problem is, the LTVA didn't need to get a permit under the Clean Water Act.
"I didn't expect to be here today," said Nevada Lieutenant Gov. Brian Krolicki, "but I didn't want to be anywhere else." Krolicki led a long line of speakers that wanted to address the LTVA board. "Everyone here wants to protect Lake Tahoe," he continued. "It would be a tragedy and travesty, a financial disaster if the fireworks were to be canceled."
According to Lew Feldman, attorney for the LTVA, the non-profit agency could face fines of $70,000,000 because of the lawsuit. He arrived at this figure of the maximum fine of $37,500 per mortar round for both fireworks shows over the 5 years they can go back and asses a fine on.
The ordeal the LTVA is facing was likened to that of a hostage situation.
Those that spoke in front of the board all had a common theme: having no fireworks in South Lake Tahoe for the 4th of July would hurt the economy, hurt both small and large businesses and have a devastating impact on the community. The nationally acclaimed fireworks display brings in tens of millions into the local economy every year.
State Senator Ted Gaines of California said, "This is a very critical issue to my constituents, critical for jobs, critical to California and Nevada, especially after a tough winter."
Every speaker was greeted by the crowd with a round of applause.
South Lake Tahoe City Manager Nancy Kerry has been in communication with the Truxlers, trying to work with them for a resolution. "Their lawyer is the problem," she said. Kerry said the city would step up and encourage cleanup and do what is necessary to address the Truxler's concerns. "The last thing you want is more regulation," said Kerry. "We don't want to regulate a birthday celebration."
Lakeside Inn owner Mike Bradford said "I think we're preaching to the choir here. Will the Truxlers please stand up. Will their lawyers please stand up."
When nobody rose, Bradford said the people that need to hear what is being said at the meeting were not there and extended and offer to meet with the Truxlers, without their attorney.
Todd Poth, President of Tahoe Douglas Rotary, asked the crowd "Who would be willing to clean up the beach on July 5th?" Every person in attendance raised their hand.
Stuart Maas, owner of Tahoe Sports, started a Facebook group this week called "Save our Tahoe South Summer Firework Displays" and it already has over 2,000 fans. He says the 4th of July is the single most important date for his businesses. He presented the board with 30 pages of comments left on the Facebook page and over 1,000 signatures in favor of keeping the fireworks.
"If anyone has proven that we can work together," said South Lake Tahoe City Councilwoman Brooke Laine, "it's this region."
Feldman advised the board that they will have to get out of the fireworks business if the legal action against them is not dropped. Litigation could take years and money used to promote tourism would be needed to fight a lawsuit.
"This would be a travesty if we allowed these two people to succeed with this lawsuit," said LTVA board member and Caesars Entertainment executive John Koster. "This is an insult," he continued. "It would have been easy to collaborate. Common sense and cool heads could prevail and all would be fine."
The ball is now in the Truxler's court and they are being asked to meet with the LTVA and drop the lawsuit.
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