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story category Lafayette Fiber Battle Heads to State Supreme Court
City requests speedy resolution to debate
(old news - 01:55PM Tuesday Sep 12 2006)
tags: Fiber · municipal
Since voters approved the building of a citywide fiber network last summer, local incumbents have waged legal warfare on the effort, causing endless delays incurring significant legal cost for the community. According to a press release issued by the City of Lafayette, the city has filed a formal application to the Louisiana Supreme Court asking justices to approve a bond ordinance plan to expand fiber optics to every home and business in the city.

Just a few months ago the Third Circuit Court ruled that LUS's bond ordinance is in violation of the Local Government Fair Competition Act. The Louisiana Municipal Association filed a "friend of the court" brief Friday, fearing the court's ruling has broader implications. "I think this is one case where it is obvious (that the court erred)," said Tom Ed McHugh, executive director of LMA. "If pledging money comes into question, the ability to do bond issues at the municipal level comes into question."

Related:
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  2. Tuesday Evening Links
  3. Seattle Still Considering FTTH Network
  4. Australia Announces $31 Billion Fiber Network
  5. Time Warner Cable Backlash Continues
  6. Incumbent Dirty Tricks In Wilson, NC
  7. Utopia Hits 100Mbps
  8. Chattanooga Offers Fiber To The Home
Forums » Lafayette Fiber Battle Heads to State Supreme Court
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rachelsfx

join:2004-09-27
Pensacola, FL

Can't blame them

If voters approved it, why not?

Fatal Vector

join:2005-11-26

Re: Can't blame them



And the legal Yadda yadda goes on and on.

You notice you can never get a simple answer from ANY of these people? It allways has to be fought to the bitter end. Yes, I know it's all about money, but still...

batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
clubs:
·Verizon Online DSL

said by rachelsfx See Profile :

If voters approved it, why not?
Voters freely elected Hitler, what's wrong with that?

rachelsfx

join:2004-09-27
Pensacola, FL

Re: Can't blame them

Democracy's not perfect. Look at Mexico, France, Germany, and West Palm Beach (they can't vote...right).
fln8iv

join:2005-03-13
Deerfield Beach, FL


1 edit

Re: Can't blame them

said by rachelsfx See Profile :

Democracy's not perfect. Look at... West Palm Beach (they can't vote...right).
They can vote.

They just can't follow the directions!
--
«.·°·.*fln8iv*.·°·.»

joako
Premium
join:2000-09-07
/dev/null
·AT&T U-Verse

said by batterup See Profile :

said by rachelsfx See Profile :

If voters approved it, why not?
Voters freely elected Hitler, what's wrong with that?
I don't think Hitler's winning campaign points were mass genocide and world war....
--
Am Heimcomputer sitz' ich hier, und programmier' die Zukunft mir
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Government Does Not Equal People anymore

No matter that we are supposedly a 'government of the people, by the people, for the people...', corporate entities take precedence over your non-rights. So if your community wants to do something a corporation does want you to do, you are not allowed. Been that way for over 10 years now, get use to it.

Well, maybe this court will tell the Telcos that people have more rights and if they want to do something useful, they can. The heck with potential losses to upper management bonuses (which they will take out of retirement programs to make up for the loss anyway, but that is up to those affected people to make the bosses behave).
--
I am not lost, I find myself every time.

Fatal Vector

join:2005-11-26


1 edit

Re: Government Does Not Equal People anymore


What you fail to understand is that a corporation as a legal entity has the same basic rights you do as a human citizen. This is why crap like this gets going and goes on and on.

If the corporation didn't have the same rights we do, they wouldn't get away with half the crap they do because they wouldn't have the legal rights they hide behind.

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast

Re: Government Does Not Equal People anymore

said by Fatal Vector See Profile :

What you fail to understand is that a corporation as a legal entity has the same basic rights you do as a human citizen. This is why crap like this gets going and goes on and on.

If the corporation didn't have the same rights we do, they wouldn't get away with half the crap they do because they wouldn't have the legal rights they hide behind.
In this case, though, it wasn't a Corporation that sued. It was a citizen of Lafayette.
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tsu9

join:2001-08-17
Wheeling, IL

Re: Government Does Not Equal People anymore

One citizen. Compared to [enough] voters that said, "Yes."
Ga Dawg

join:2003-09-11
Marietta, GA

Re: Government Does Not Equal People anymore

said by tsu9 See Profile :

One citizen. Compared to [enough] voters that said, "Yes."
If enough voters voted to confiscate his property would you be in favor of allowing that?
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Government Does Not Equal People anymore

said by Ga Dawg See Profile :

If enough voters voted to confiscate his property would you be in favor of allowing that?
You mean like imminent domain? Isn't that still alive and well?

Voting is one of the inherit benefits, and downfalls of democracy. On the one hand, everyone gets a say. On the other, individual(s) on the losing vote don't get their way - kinda hard to appease both camps. Last I checked, America (for the most part) has agreed to a variety of "majority vote" systems.

Chicago_DSL6

join:2003-08-04
Palatine, IL

Re: Government Does Not Equal People anymore

said by AquaBlaze See Profile :

said by Ga Dawg See Profile :

If enough voters voted to confiscate his property would you be in favor of allowing that?
You mean like imminent domain? Isn't that still alive and well?

Voting is one of the inherit benefits, and downfalls of democracy. On the one hand, everyone gets a say. On the other, individual(s) on the losing vote don't get their way - kinda hard to appease both camps. Last I checked, America (for the most part) has agreed to a variety of "majority vote" systems.
The U.S. is not democratic, it is a republic.

tsu9

join:2001-08-17
Wheeling, IL

Government has that ability, yes; albiet, in a form that requires just compensation for the previous landowner's troubles.

Of course, that isn't a terribly popular measure, as you might expect. But, it still does happen these days.
--
"You do not secure the liberty of our country and value of our democracy by undermining them, that's the road to hell." - Lord Phillips of Sudbury.

Daarken
PoE2 Dev

join:2005-01-12
Lake Charles, LA
·Cox HSI
·Suddenlink

Considering I lived in that city for 10 years, and go there all the time, I have followed this project since it was first mentioned here and locally.
The incumbent providers used every means in the book, to get the citizens from lafayette to vote against this FTTH project.
They had telemarketers call votes, and give them miss-information, to the point where they had 2 "local citizens" who could not be found in any phone book, or city directory file a law suit against them. One law suit was dropped without a reason, the other was lost, and appealed. I can promise you an ordinary citizen would not be paying for those legal bills. *waves at Bellsouth*
Considering I have Cox cable from that area, and Currently pay $55 a month for a 9mb/1mb package, I'd love to see a faster connection at a lower cost. I had Bellsouth DSL, but the fastest speed I could get was 1.5mb down.
Good Luck Lafayette, I salute you!
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

said by Fatal Vector See Profile :

What you fail to understand is that a corporation as a legal entity has the same basic rights you do as a human citizen. This is why crap like this gets going and goes on and on.

If the corporation didn't have the same rights we do, they wouldn't get away with half the crap they do because they wouldn't have the legal rights they hide behind.
Actually, corporations have more actual legal rights than the common citizens of an area. We have seen that out here in several areas. It boils down to the corporations having access to more money to pay for lawyers that a city does not. A city has to raise taxes and is more accountable (your area may differ), a corporation just charges you a half cent more spread over a much larger area to pay for the costs of lawsuits and bribes.
--
I am not lost, I find myself every time.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

said by Fatal Vector See Profile :

What you fail to understand is that a corporation as a legal entity has the same basic rights you do as a human citizen.
Well, maybe that's how it was. These days large corporations have WAYYY more rights then you do, because they have WAYYY more benjamins then you do. Usually.

Example: You own your house, on a beach, that you wisely invested in 20 years ago and love.

Corporation wants your land to build hotel, Casino, Golf course, yada yada. They say "SELL!!!!" You say "NO!! I'm retiring here!"

Corporation then goes to your politicians and next thing ya know badda bing, badda bang, your property is siezed and you are evicted, have a nice day, cya, wouldn't wanna be ya!

.... and so on. Welcome to the new America, where people are only as good as how much money can be squeezed out of them as consumers and workers.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: Government Does Not Equal People anymore

said by KrK See Profile :

said by Fatal Vector See Profile :

What you fail to understand is that a corporation as a legal entity has the same basic rights you do as a human citizen.
Well, maybe that's how it was. These days large corporations have WAYYY more rights then you do, because they have WAYYY more benjamins then you do. Usually.

Example: You own your house, on a beach, that you wisely invested in 20 years ago and love.

Corporation wants your land to build hotel, Casino, Golf course, yada yada. They say "SELL!!!!" You say "NO!! I'm retiring here!"

Corporation then goes to your politicians and next thing ya know badda bing, badda bang, your property is siezed and you are evicted, have a nice day, cya, wouldn't wanna be ya!

.... and so on. Welcome to the new America, where people are only as good as how much money can be squeezed out of them as consumers and workers.
and this is when you Barricade the doors and tell the company come and get me. btw i put Landmines in the front yard GL with bulldozers.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast

said by RayW See Profile :

No matter that we are supposedly a 'government of the people, by the people, for the people...', corporate entities take precedence over your non-rights.
We are also a government of LAWS. And the bond issue was found by the District Court to be in violation of the state passed "Local Government Fair Competition Act". Lafayette is using their right to appeal to the LA Supreme Court". The court will decide if the Bond Issue is legal or not.
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
except only when corperations want to build hotels in new london and bribe the town to steal homes for the land......
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

Rob
In Deo speramus, God Bless the USA
Premium
join:2001-08-25
Kendall, FL

It's already settled!

"Since voters approved the building of a citywide fiber network last summer.."

ENOUGH! They voted and it was approved. Build the damn fiber network AS MAJORITY OF THE VOTERS WANTED.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast


1 edit

Re: It's already settled!

said by Rob See Profile :

ENOUGH! They voted and it was approved. Build the damn fiber network AS MAJORITY OF THE VOTERS WANTED.
LOL... This is the USA, sometimes the guy who gets the plurality of votes doesn't win
--
Only SHATNER is Kirk.
Eric Martin

join:2005-06-19
66308

Shakes head.

I can't believe how easy it is to stall a simple project like this. When it passes , it should be built. Judges shouldn't impede.

Obviously the private sector is scared to death in seeing this succeed.
mbvance

join:2003-02-04
South Gate, CA

Re: Shakes head.

Hopefully the voters turn right around and vote the "incumbents" out of office next chance they get since they are representing them the way they are supposed to.
MonkeyPox4

join:2004-12-21
Lafayette, LA

Amen

I voted BellSouth and Cox out of my life a long, long time ago. Directv and Verizon Wireless have given me tv, mobile phones, and wireless internet at a pretty decent price - and the best part is, I don't remember the last time I had to call customer service for a billing or service issue.

Plus when I came home after the hurricanes last year, as soon as the power came back up, my dish recievers lit up. I thought for sure I'd have to realign the thing.
moonpuppy

join:2000-08-21
Glen Burnie, MD

Where are the original complaintents?

Where are Elizabeth W. Naquin and Matthew B. Eastin who filed the injunction before?

Karl Bode
News Guy
join:2000-03-02

Re: Where are the original complaintents?

One backed away, and the other one is probably off enjoying their complimentary trip to Las Vegas for the temporary use of their name....
Sammer

join:2005-12-22
Pittsburgh, PA

No Competition

Until whoever is really behind these lawsuits actually starts building a FTTH network, how can there be unfair competition when there really is no competition.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: No Competition

said by Sammer See Profile :

Until whoever is really behind these lawsuits actually starts building a FTTH network, how can there be unfair competition when there really is no competition.
This is a matter of the courts. Keep your common sense out of legal actions.

RARPSL

join:1999-12-08
Suffern, NY

Re: No Competition

said by AquaBlaze See Profile :

said by Sammer See Profile :

Until whoever is really behind these lawsuits actually starts building a FTTH network, how can there be unfair competition when there really is no competition.
This is a matter of the courts. Keep your common sense out of legal actions.
There is a legal principle that should be followed in these Incumbent vs. Muni Suits that should disbar the Incumbent from being allowed to sue - They have no standing to sue in the first place since they are not serving the area. If they WERE attempting to have FTTP and were refused permission by the local authorities, then that is a different issue. So long as they refuse to offer service then they are SOL if the locale wants to RTOA and should have their attempts to sue or block dismissed by the courts.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

the laws need to change, if your corperation doesnt have an equal network to what the city wants to provide at the time of the vote then you should not be allowed to sue because you clearly refuse to wire the city.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
JSRoman
Premium
join:2005-03-10
Callahan, FL

This is actually good.

What ever the decision it will set precedent. If for example this goes against Cox and Bellsouth then you will see more and more communities go the bond route and incumbent will be less willing to rack up the legal bills knowing they might not come out on top. If this goes against Lafayette you will just see less municipalities willing to take broadband issue up if they think local incumbents are going to bog them down in court and make city rack up huge legal fees. Chance are no matter what decsion is in Louisiana SC this his headed to SCOTUS and who knows how current SCOTUS will decide. Whatever the case this is going to be EXPENSIVE.
--
A shotgun blast to the head will clear that right up.

Unregistered User

@69.244.x.x

Re: This is actually good.

No offense or anything, but what's the deal with saying things like SCOTUS and POTUS? Why not just U.S. Supreme Court and the President?

I've never understood the reason these acronyms got popular. Along with these, we see "intel", "Gitmo" (there isn't even an "i" in Guantanamo, so where the hell did that letter come from?) "Repubs", and "Saudi" (instead of Saudi Arabia). Are people so lazy that they can't say complete words anymore? Or is it a way for people to sound like they're somehow "in the know"?

Again, I'm not picking on JSRoman, just being a grammar nazi, I guess.
ShmoeTheHo

join:2006-05-20
Marlton, NJ

Re: This is actually good.

welcome to the internets.

LOL, ROTFL, BRB, AFK, WWW, FTP, IANAL, IMHO, RTFM, RTFA.

Did you miss the trend? Less keystrokes = less keystrokes.
Forums » Lafayette Fiber Battle Heads to State Supreme Court


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