Toga Soc., Inc. v. Lee
| Decision Date | 18 June 2004 |
| Docket Number | No. CIV.A. 03-2981.,CIV.A. 03-2981. |
| Citation | 323 F.Supp.2d 779 |
| Parties | TOGA SOCIETY, INC., d/b/a Krewe of Aladdin v. Harry LEE, Jefferson Parish Sheriff, et al. |
| Court | U.S. District Court — Eastern District of Louisiana |
Before the Court are a Motion for Partial Summary Judgment filed by Toga Society, Inc. d/b/a the Krewe of Aladdin ("Toga" or "Aladdin") and a Motion to Dismiss filed by William Lazaro, Jr., Jefferson Parish Carnival/Mardi Gras & Special Events Office Director, in his official capacity ("Lazaro"), and the Parish of Jefferson ("Jefferson Parish"). This dispute arises out of a Jefferson Parish ordinance that required the payment of security costs to obtain a Mardi Gras parade permit and its application with respect to Toga. Defendants are Jefferson Parish, Lazaro, and Jefferson Parish Sheriff Harry Lee ("Lee"), sued both individually and in his official capacity. Lee has not filed any motion. Since the time the motions were filed, the subject ordinance was revised by the Parish of Jefferson Parish eliminating the security costs requirement. This action on the part of Jefferson Parish has rendered some of the issues before the Court moot. As to the remaining claims, the Court finds as follows.
Prior to Lee's election to office of Jefferson Parish Sheriff, 100% of the costs of all Carnival parades in Jefferson Parish was funded by the Jefferson Parish Council through the general fund.1 Sometime in the early 1980's, Lee informed the Parish that the Sheriff's budget could and would absorb those costs. Consequently, the Council stopped paying for police protection for Carnival parades.
In 1985, Lee approached three newly formed Mardi Gras "krewes"2 (Vulcan Saturn and Mercury) to inform them that he would require them to pay for police protection. None of them did. Until 1996, Lee apparently absorbed 100% of the cost of police protection for all Carnival parades rolling in Jefferson Parish. Thus, no money was ever demanded from or paid by any of the fifteen krewes parading each year from 1984 through 1996.
In 1990, ordinances dealing with Mardi Gras were passed and continued to be revised, culminating with the following ordinance adopted in 1995 which stated in relevant part:
Sec. 6-88 Permits
Each float parade and truck parade shall annually be required to obtain the proper permit for the Office of Carnival and Special Events.
Sec. 6-90 Application for permit
(a) Application for float parade permits must be received by the Office of Carnival and Special Events between June 1st and 15th of each year preceding annual parade.
(b) At least sixty (60) days prior to the start of the Carnival/Mardi Gras season, Mardi Gras krewes shall provide written documentation to the Office of Carnival and Special events, specifying that all financial agreements have been met with bands, dance groups, sheriff's office and providers of the floats that will be used in each parade, and that indeed the floats will be available for the parade at the stipulated date and time.
(c) In any event, based on the submission of the application and the documentation regarding financial arrangements, a permit will be issued with the proviso that the issued permit is subject to revocation, if any violation of the ordinance comes to light prior to the start of the parade season.
Jefferson Parish Ord. §§ 6-88, 6-90 (emphasis added).
In 1997, Lee decided that any krewe formed after 1996 would have to pay for police protection. Lee has testified that he arrived at this decision and implemented it on his own initiative. Lee has admitted that he did not consider asking Jefferson Parish to bear the cost, and he did not consider any other alternative other than to create the two classes of krewes-"old" and "new". Thus, any krewe formed after 1996, was to be compelled to pay fees for police protection. This criteria is not in the ordinance itself.
Aladdin filed its first application for a parade permit for Carnival 2000. Allegedly, the Office of Carnival/Mardi Gras & Special Events ("OCSE") informed Aladdin that it needed written documentation from Lee confirming that all financial obligations with Lee had been met prior to its issuing a permit. OCSE allegedly stated that it did not know the amount of the fee and that it varied according to guidelines and criteria "known only to Lee."
Aladdin attempted to meet with Lee and received a letter from Deputy Chief Gerald Guidroz, stating that the police protection fee for the 2000 Aladdin parade would be $15,000.00 payable by cashier's check. In addition, the Captain of Aladdin alleges that he met with Guidroz, and he was told that the $15,000 was to be a one-time fee which would not have to be paid for any subsequent years. Aladdin payed the fee, and it was issued parade permits for 2000. The cost apparently for police protection was actually $11,928.00 ($3,072.00 less than the amount paid) which fact Aladdin did not learn until December 5, 2003.3 Aladdin was issued permits for 2001 and 2002 without any request for further payments. Lee contends this was simply an administrative mistake. Furthermore, no credit was given for the 2000 overpayment.
On February 13, 2003, 9 days prior to the Aladdin's parade date, Lee notified Aladdin by letter that the police protection for the 2003 Aladdin Parade would be $27,600 which Lee contends was a deposit as the actual charges could not be determined until after the parade.
On February 14, 2003, Lee held a press conference stating that he would require $20,000 to be paid by Aladdin. Later that day, Lee stated at another news conference his requirement for payment but gave a different amount. He also stated unequivocally that he decided "who pays."
Of the 15 krewes that paraded only 2 were asked to pay for 2003-Aladdin and Excalibur. Indeed, Lee wrote to OCSE and stated that the cost of police protection for the 2003 Aladdin parade was $24,000 and stated "Please ensure your office does not issue a parade permit to the Krewes of Aladdin and Excalibur until my staff advises you of the prepayment of the estimated security costs." (Uncontested Issue of Fact No. 26). Aladdin allegedly could not find a sponsor or the money, so it appeared that the parade would be canceled as the OCSE would not issue a permit without proof of payment.
On February 18, 2003, Lee stated he would accept any payment that Aladdin could afford and that he would personally make up the difference. A letter to OCS from Lee was sent stating that he had "worked out payment" so that Aladdin could receive its permit. Aladdin was able to raise $3,485 which was paid to Lee. Lee allegedly stated that he would not "bail out" the krewe next year and Aladdin would be billed for whatever the police protection for the 2003 parade cost for 2004. On April 1, 2003, Lee sent an invoice to Aladdin in the amount of $9,934 for police protection for the 2003 parade which apparently remains unpaid.
In September 2003, Toga contends that Lazaro informed Aladdin that the anticipated cost to parade in 2004 would be $26,00 or $13,161.00 if it "piggy-backed" behind another parade. Aladdin further contends that on September 26, 2003, Lazaro informed plaintiff that 2004 protection fee was $13,161 without any mention of piggy-backing.
In the fall of 2003 the subject ordinances were amended to read:
6-88:
Each float parade and truck parade shall annually be required to obtain the proper permit from the office of carnival and special events.
(a) Application for float parade permits shall be received by the office of carnival and special events between June 1st and 15th of each year preceding the annual parade. At the time of the receipt of the application by the office of carnival and special events, the office shall give notice to the applicant of the amount, if any, to be provided by the applicant to the sheriff's office for the provision of security for the parade. This security cost information is to be provided to the office of carnival and special events by the sheriff's office for each Carnival/Mardi Gras season by June 1st of the year prior to each such season.
(b) At least ninety (90) days prior to the start of the Carnival/Mari Gras season, Mardi Gras Krewes shall provide written documentation to the office of carnival and special events specifying that all financial agreements have been met with the sheriff's office and providers of the floats that will be used in each parade, ...
(d) Upon the submission of the application and the documentation regarding financial arrangements in accordance with the provisions of this article, the office of carnival and special events shall issue a parade permit to the applicant....
The original complaint in this matter was filed on October 24, 2003. With respect to the amended ordinance, Aladdin contends that there was no schedule, criteria or other factors to consider for the fee to be established. Furthermore, plaintiff contends that there was no legal mechanism established in the ordinance or otherwise for administrative or other appeals from the monetary demand of Sheriff Lee. Ostensibly unless a krewe acquiesced to Lee's demands, a krewe was denied its permit. While the matter was pending and prior to a hearing, an agreement was reached by the parties whereby the defendants issued parade permits to the new krewes for 2004.
A...
To continue reading
Request your trial
-
Denton v. City of El Paso
...provide no criteria whatsoever, leaving the decision up to the caprice of a government employee. See, e.g., Toga Soc., Inc. v. Lee , 323 F. Supp. 2d 779, 792 (E.D. La. 2004) (holding that ordinance imposing a fee to participate in parade, but providing no criteria for the sheriff's discreti......
-
Whitmore v. Cain
...of action is not known or reasonably knowable by the plaintiff, even though he is not induced by the defendant." Toga Soc., Inc. v. Lee, 323 F. Supp.2d 779, 787 (E.D. La. 2004). The fourth category is inapplicable. This is the "discovery rule." See Marin v. Exxon Mobil Corp., 2009-2368 (La.......
-
American v. Municipality San Juan
...Without decisional standards, they were not narrowly tailored to serve a substantial government interest. See, Toga Society v. Lee, 323 F.Supp.2d 779, 792 (E.D. La. 2004)(ordinance not narrowly tailored due to unbridled discretion it accorded to official to impose security costs related to ......
-
Bookenberger v. Parish
...do not appear appropriate at this time. Accordingly, plaintiff's claim for attorneys' fees is dismissed. See Toga Soc'y, Inc. v. Lee, 323 F. Supp. 2d 779, 797 (E.D. La. 2004). H. State Law Claims Having dismissed plaintiff's federal claims, all that is left is plaintiff's state law claims o......