Feb. 20, 2009 — The government won round one this week in its continuing battle to keep barkers from plying their trade downtown.
A hearing officer ruled Thursday that the Department of Licensing and Consumer Affairs had the legal authority to stop issuing business licenses to barkers in downtown Charlotte Amalie, upholding an Aug. 8, 2008 order by Kenrick Robertson, DLCA commissioner.
The fight to keep the sidewalk salesmen off Main Street dragged on for several years before coming to a head last July when Robertson took action, sending out letters to barkers and downtown businesses that barking in the area would be discontinued, effective July 31. (See "Last Days on Main Street for Barkers.")
The move, endorsed by the St. Thomas-St. John Chamber of Commerce and the St. Thomas-St. John Historic Preservation Commission, generated much comment from downtown business owners, local shoppers and, of course, the barkers themselves
After the order went into effect in August 2008, barkers continued to solicit in the downtown area, in particular, Caribbean Fun Stay, LLC and K & R Promotions, LLC, according to a DCLA release. K&R Promotions is the marketing agent for Caribbean Fun Stay, which sells local vacation packages and time shares, and books hotel room for several resorts.
The firms' attorney, Carl Williams, argues the order banning the barkers is in violation of the law.
He filed suit last August against DCLA, quoting the V.I. Code: "The commissioner [DLCA], after notice and hearing, may refuse to issue, or may revoke or suspend a license for any one or any combination of the following causes. The causes include fraud and claiming an exemption from taxes."
However, Williams pointed out, these causes have no bearing on his case. Williams' clients, John Jureidini and Artem Dolinsky of K&R Promotions, were denied a hearing as mandated by the law, he said.
That hearing was Feb. 11 and the results were those released Thursday. Williams said Friday that he disagrees with the hearing officer's findings and will appeal them in Superior Court, where he said the action against DLCA is a local matter, with an automatic right of appeal.
Williams said Friday afternoon that he was on his way to District Court to file a new temporary restraining order arguing that the order issued in July 2008 is "unlawful, unconstitutional and against the rights of Virgin Islanders."
Williams said, "The ruling will, with a swipe of the hand, put 30 people out of work. It is a terrible disservice to downtown businesses if we force people out. It is not to the benefit of our precious few tourists and our merchants."
Williams said he feels confident the court will "ultimately rule the order was unconstitutional. We have our freedom of speech and freedom of assembly rights."
Commissioner Robertson did not return calls Friday.
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