Vendors of T-shirts and other tourist bric-a-brac at Drake's Seat on Thursday again defied the V.I. government and the owners of the property by setting up shop, as their lawsuit seeking a temporary restraining order and $100,000 in damages made its way through District Court.
Eleven of the vendors filed suit Wednesday, suggesting that racism was behind the government's order to vacate the lucrative overlook, where their numbers have more than doubled in the past half-dozen years.
Named as defendants in the suit are Gov. Charles W. Turnbull, Licensing and Consumer Affairs Commissioner Andrew Rutnik, Police Commissioner Franz Christian, Housing Parks and Recreation Commissioner Ira Hobson and the U.S. government. The suit singles out Rutnik, who is white, accusing him of conspiring to deny the predominantly black or Hispanic vendors their constitutional rights.
According to media reports, the lawsuit also charges the defendants with violations of due process, denial of equal protection and an infringement of the First Amendment's right of assembly.
The estate of the late Homer Wheaton owns the Drake's Seat land. The overlook was built in the 1950s after an easement was granted by the estate which the government says forbids commercial activity there.
But beginning in March 2000, representatives of the Wheaton estate have sought to have the vendors moved, citing the prohibition on commercial activity as well as traffic and safety issues at the overlook, which is often nearly gridlocked during the day with safari taxis, pedestrians, vendors, and vehicles attempting to get through.
Attorneys for the estate, fed up with government delays, threatened to terminate the easement four months ago and declare the lookout off-limits to everyone. The vendors set up shop anyway, and Turnbull soon issued a statement attempting to counter "the impression that the administration or its law enforcement officials may not be sensitive to Mrs. [Christine] Wheaton's rights as a property owner."
Police finally blocked vendors from the site Dec. 1, 2000, but they soon began trickling back in. On Wednesday, Government House spokesman Lee Vanterpool told The Avis there was no "official" confirmation the vendors were at Drake's Seat again.
Representatives of the Wheaton estate told The Avis Wednesday they have been attempting in vain to contact the V.I. government and police to have the vendors moved from the site.
The lawsuit filed Wednesday states that each vendor makes more than $1,000 a week at Drake's Seat.
