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Recluse Locals Derail Lafayette Fiber Plan
Four Lawsuits Prompt Speculation
by Karl Bode Thursday 27-Jul-2006 tags: Fiber · competition · municipal
The voter-approved fiber broadband project in Lafayette, originally fought against by BellSouth, now appears to be stymied by the efforts of two locals. Legal challenges have been filed by residents Elizabeth W. Naquin and Matthew B. Eastin who have yet to appear in court, do not appear in public, have yet to justify their positions vocally, and have yet to even comment to the media. Yet the two have filed at least four lawsuits aimed at delaying the project. According to The Daily Advertiser, Lafayette area residents are getting annoyed. The local assumption being the two reclusive denizens are acting as a proxy for area incumbents to limit PR fallout.

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lettcco

join:2003-12-04
Valencia, CA

please fix link?

the link for the "annoyed" doesn't work

DaSneaky1D
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Re: please fix link?

Should be:
»www.theadvertiser.com/apps/pbcs.···311/1014
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mr sean
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Re: please fix link?

Apologies.
Fixed.
Thanks.

Romney2012
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Press seems peeved someone won't talk to them

Boy the press seems really upset that these 2 won't talk to them. But all they have to do is look at the paperwork filed with the lawsuits to see why these people are suing. But I'm sure the press prefers some conspiracy reason for the silence - that sells more newspapers.
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dispatcher21
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Re: Press seems peeved someone won't talk to them

Yeah, the media can get pretty grumpy when they dont get what they want. I work for a 911 call center and they always call asking if something is going on. I tell them everytime, "No, and if there was, none of us here would tell you." But they call all the time. I love it when they hear over the scanner about something going on and call and ask questoins, were all like "What?? A fire downtown? 3 vehicle fatality accident on highway? Thats news to me!" Yeah, they start screaming and yelling and wanting to talk to supervisor who gets on and tells them the same thing and then takes a number for the sgt to give her a call three hours later when he actually has time away from the incident. Got to love it.

inteller
Sociopaths always win.

join:2003-12-08
Tulsa, OK

Do these people even exist?

Remember the fake names on the astroturf petitions? Someone should go check the cemetery.
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nixen
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Re: Do these people even exist?

said by inteller:

Remember the fake names on the astroturf petitions? Someone should go check the cemetery.
Come, now. The incumbents would never do something like that!

-tom

Harddrive
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Re: Do these people even exist?

yeah, they are alive and well.

Elizabeth Naquin
317 Chastant Blvd
Lafayette, LA 70508
337-264-9369

Matthew B. Eastin is smart enough to have his number unlisted.

nixen
Rockin' the Boxen
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Alexandria, VA

Re: Do these people even exist?

said by Harddrive:

yeah, they are alive and well.

Elizabeth Naquin
317 Chastant Blvd
Lafayette, LA 70508
337-264-9369

Matthew B. Eastin is smart enough to have his number unlisted.
I'm not sure what this is supposed to prove. I'd be more convinced of their lividity if I saw videos of them.

-tom
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bent
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Re: Do these people even exist?

said by nixen:

lividity
Bad pun.
hottboiinnc
ME

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Re: Do these people even exist?

It would be interesting for proof that they're alive. The white pages online are not updated very often if at all after a while.
Kearnstd
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i think they should build it now, the people have voted. when the courts mess with that vote in the name of what 4 people want it kinda skews the idea of voting.
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richardpor
Fur it up

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Re: Do these people even exist?

The problem is when such votes to force the four to pay for a project they have not consented to is akin to two wolves and a lamb on a deserted island voting what going to be for dinner.

I would love to see a system where a no vote can be recoded where the the person can opt-out of the project.In fact here is a better system. In stead of the majority having the right to infringe on the right if the minority, better known as dictatorship of the 51%. Each citizen of the parrish is giving a covenant contract where the person is given two choices. To support the project and willing to be liable for the tax or opt out an not be liable for the tax and will be prohibited in use of the project.
TheGhost
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Lake Forest, IL

1 edit

Re: Do these people even exist?

The same logic would apply to referendum for hiring additional police, fire department, etc. Would this mean that if someone voted against a proposal, they would loose all fire department and police support?

edited to add:
I had another thought, what would happen if one person in a household voted for and another voted against? What would happen then - the FD only has to save 1/2 the house, or the police only have to investigate 1/2 of a robbery?

richardpor
Fur it up

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Portland, OR

Re: Do these people even exist?

I wouuld exempt public safety levies
TheGhost
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Re: Do these people even exist?

On that note, what about Schools and Libraries? Would it apply to the household? What happens with sales of homes, would the new homeowner get to choose which to support when they move in? Roads and sewers could be the same?
BVT

join:2004-10-25
Mount Juliet, TN
You gotta be kidding. When I pay my taxes, I dont get to say how they are spent. If I did, you could be sure a lot of shit would change.

What do you think a democracy is? Majority rules.

91439306
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Re: Do these people even exist?

said by BVT:

You gotta be kidding. When I pay my taxes, I dont get to say how they are spent. If I did, you could be sure a lot of shit would change.

What do you think a democracy is? Majority rules.
When you consider the scientific fact that "50% of people are below average intelligence", that is truly a scary fact that the majority rules.
BVT

join:2004-10-25
Mount Juliet, TN

Re: Do these people even exist?

I agree 110%

inteller
Sociopaths always win.

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no, the vote of the majority is not a dictatorship, it is a democracy. Damn kid, you need to take high school civics. A dictatorship is ONE person inflicting his will on the citizens. See Castro and Kim Jong Il for examples.

If you could simply opt out of anything you didn't agree with nothing would ever get accomplished and you'd have anarchy. No one wants to pay for road maintenance, but you think those people will refrain from driving on roads?

Plus, they are probably using some public service that others pay taxes and dont use, so it all works out. This lawsuit is all about stall tactics and underhanded manipulation of the political system. I would not doubt if one of these two people work for the incumbants.
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richardpor
Fur it up

join:2003-04-19
Portland, OR

Re: Do these people even exist?

said by inteller:

no, the vote of the majority is not a dictatorship, it is a democracy. Damn kid, you need to take high school civics. A dictatorship is ONE person inflicting his will on the citizens. See Castro and Kim Jong Il for examples.

If you could simply opt out of anything you didn't agree with nothing would ever get accomplished and you'd have anarchy. No one wants to pay for road maintenance, but you think those people will refrain from driving on roads?

Plus, they are probably using some public service that others pay taxes and dont use, so it all works out. This lawsuit is all about stall tactics and underhanded manipulation of the political system. I would not doubt if one of these two people work for the incumbants.
I think my schooling is fine, I was exposed to the idea in the writings of by Francis Shafer a philosopher and theologian to describe a particular problem with direct democracy where the majority can uses the vote to the point of infringing the rights of the minority.
A good example my father in the deep south was forced to sit in the back of the bus or give up his seat for a White person because a majority of voters think Jim Crow laws are good.

In the same way a few activist and statist feel ok and justify misusing the power of the vote to steal the just resources of the minority.
With this I need to ask what right do you have to force me to provide any of my own resources because you like schools, public fiber networks and libraries. Why form a co-op and get the consent of those who wish to contribute instead of resorting to voting pallor "voting' tricks because you know there are people like me who have no qualms to tell you hell no and get off my property besides that it not in the liberal blood to ask for voluntary donations, it only to oppress.

Michieru2
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Miami, FL

Re: Do these people even exist?

In democracy everything always goes to the majority and the minority is left behind to follow. That's how the ball rolls and does not require a civics class to understand that.

People who voted for example Bush where the majority, the minority where the others who voted for Al Gore, or that other guy I can't simply remember his name right now; where the minority.

When it comes to finances dealing with state, county, government etc everyone will do things for there own benefit. While someone might want the money to fix roads the other guy thinks it would be better to build a fiber network. Who ever is the majority get's what they want.

That in return is what I think about democracy or what I have come to mind when thinking about it.
Shark_615

join:2006-01-17
Pickering, ON
Taxes are not used to pay for this sort of thing so it is a moot point.
TheGhost
Premium
join:2003-01-03
Lake Forest, IL

Re: Do these people even exist?

said by Shark_615:

Taxes are not used to pay for this sort of thing so it is a moot point.
Again, how is this different than using taxes to pay for a specific road, municipal building, library, etc. What about using muni funds to pay for sewers.

The argument may be that "commercial interests" are already providing the service, but an analogy could be:
Private utility is willing to provide you with 30Amp/120V electric service, but that is all, and they would charge an arm and a leg. The private utility will also decide to get increases every year, say 40Amp, but rates will go up to include 1st born child (no child, no increase).

Conversely, a muni would come in and provide 100Amp/240V service - say hello to electric stove, oven, air conditioning, etc.

There are some that will argue high-speed is not a necessity, but those same arguments were made about water, sewer, electricity, phone.....

91439306
15,000 Watts of Bass Power

join:2002-10-16
New Milford, CT

Re: Do these people even exist?

30 amps would not even be enough to power up my stereo system. LoL.

N10Cities
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1 edit
said by richardpor:

The problem is when such votes to force the four to pay for a project they have not consented to is akin to two wolves and a lamb on a deserted island voting what going to be for dinner.

I would love to see a system where a no vote can be recoded where the the person can opt-out of the project.In fact here is a better system. In stead of the majority having the right to infringe on the right if the minority, better known as dictatorship of the 51%. Each citizen of the parrish is giving a covenant contract where the person is given two choices. To support the project and willing to be liable for the tax or opt out an not be liable for the tax and will be prohibited in use of the project.
Hell, in that case, I want to opt out of paying income taxes! There are a lot of things I don't like paying for, but most of the time, it is for the public good, so I grudgingly accept it.

In Lafayette's example, the public has spoken. End of story, throw out the lawsuits.

91439306
15,000 Watts of Bass Power

join:2002-10-16
New Milford, CT
said by richardpor:

The problem is when such votes to force the four to pay for a project they have not consented to is akin to two wolves and a lamb on a deserted island voting what going to be for dinner.

I would love to see a system where a no vote can be recoded where the the person can opt-out of the project.In fact here is a better system. In stead of the majority having the right to infringe on the right if the minority, better known as dictatorship of the 51%. Each citizen of the parrish is giving a covenant contract where the person is given two choices. To support the project and willing to be liable for the tax or opt out an not be liable for the tax and will be prohibited in use of the project.
I would love to see this kind of government operate in America. Unfortunately, 'big government' would not be able to stay as huge and wasteful as it is now, although my property taxes would probably decrease by 96%.
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acadiel
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Too bad Lafayette doesn't have legal paperwork online. I'd love to see the actual petitions.
ITALIAN926

join:2003-08-16
kudos:1

Fios, the cure.

Problems that wouldnt exist if this was Verizon territory.

ieolus
Support The Clecs

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Duluth, GA

Re: Fios, the cure.

Would these two be able to sue Verizon and stop them from rolling out FIOS if they lived in Verizon-land?
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ITALIAN926

join:2003-08-16
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1 edit

Re: Fios, the cure.

I dont think so, Verizon already has their lines in place. Nobody can stop them from upgrading them. I think anyway.

See 10 replies to this post
Kearnstd
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allways wondered who does own the poles, is it variable by area?

they are called "Telephone Poles" yet are installed/replaced by the power company(atleast in my area).
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sweintz
Premium
join:2002-03-01
Chester, CT

Re: Fios, the cure.

said by Kearnstd:

allways wondered who does own the poles, is it variable by area?

they are called "Telephone Poles" yet are installed/replaced by the power company(atleast in my area).
Varies by locality. I have even seen some places where the telco and power company own every other pole in an interlaced fashion: telco, power co, telco, power co, telco, power co, etc.
decin2002
Premium
join:2005-11-09
Nashua, NH
You are right. See my correction above. In most cases, it is the electric utility that owns the poles.

Carl
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Krotz Springs, LA

1 edit

Nevermind.

nevermind.
moonpuppy

join:2000-08-21
Glen Burnie, MD

O.k., so they filed lawsuits.....

Now, let's get their depositions. If they fail to show up for any reason (other than verifiable illness), then their lawsuits should be dropped and they be barred from filing anymore lawsuits. Simple as that.
MJRudzik

join:2002-01-13
Independence, MO

Hmmm time to drive them into the open

If I lived in lafayette i would watch their homes and every move they make. Every code violation would be reported. I would be sure these two couldn't fart sideways without having it reported. Want it to stop state your case publicly or drop the lawsuit. Or better yet if you dont liek what the majority of the town wants move your tail out of town. Nobody is forcing them to live where a project they don't like is underway.

See 7 replies to this post

jhboricua
ExMod 2000-01
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Minneapolis, MN

Check their bank accounts

I'm sure they'll find some odd deposits.

BillRoland
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Ocala, FL
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No Obligation

These people are under no moral or legal obligation to talk to anybody about it. Simple as that. See you in court.
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tymercer

join:2005-10-21
Cedar Rapids, IA

These links are helpful

www.la3circuit.org/opinions/2006···5opi.pdf'

or here for text version:

72.14.207.104/search?q=cache:Nj2···ie=UTF-8'

They provide valuable background into the challenges.

Personally I don't think there's much sinister about this. It's just more billable hours for the attorney. And what a wonderful way for the incumbents to come back at other muni's with charges of cost over-runs.

Harddrive
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More info...

From »lafayetteprofiber.com/Blog/2006/···tin.html

Elizabeth Naquin and Matthew Eastin have cost their neighbors 6 million dollars since they decided to oppose what the people of the community clearly said they wanted last July 16th. That was the message of a clearly frustrated and angry Terry Huval and Dee Stanley at the news that the pair and their class-acton suit lawyers had filed an appeal of their recent loss in court.

The news media were on this, for a change. The Advocate, The Advertiser, KATC (with PC only video) and KLFY all run major stories--and they are all worth a look.

There clearly comes a point when such expensive obstructionism becomes a real issue for the community and it may be that this press conference marks that point. The question that everyone wants to ask is, of course: Why? Why pursue a course that only costs your neighbors so much money in order to frustrate their clear desire? Nobody believes that this has much to do really with utility rates. LUS has never had high rates and is perfectly free to set whatever rates it wants to set in any case. Nobody really thinks that a lawsuit that challenges the rates has a prayer of succeeding. And nobody thinks that suing over rates in years past has any real relation to preventing LUS to sell revenue bonds to build a business that didn't even exist when the utility rates in question were set.

History helps us understand at least part of the reason that Naquin and Eastin are doing this--they are tools of the incumbent providers. The original version of this lawsuit originated during the fiber referendum fight and was nearly a direct copy of a suit filed by BellSouth with the exception of trying to promote the idea that "in lieu of taxes" is somehow an unfair tax on the people. That little bit of propaganda went nowhere an nobody really noticed when a judge dismissed the lawsuit (see the timeline in today's Advertiser). The attempts to delay the LUS project passed the Public Service Commission and for a time lawsuits to delay LUS were superfluous. Given that history we shouldn't be surprised to notice that after months of not having a suit active the lawyers and Naquin and Eastin only showed back up at the exact moment when BellSouth and Cox needed a new lawsuit to counter Lafayette's attempt to repeal the (un)Fair Competition Act. Lafayette caved at the threat by BellSouth to sue again and cut a deal to withdraw their repeal bills. BellSouth let its suit die. The Naquin and Eastin lawsuit didn't get included in the final deal amid claims by BS that it didn't sponsor this one and hints that maybe Cox did.

Eastin and Naquin have never shown any interest in the actual fiber issue as multiple stories attest; they have never shown up at any council meeting or LPUA meeting; they've never shown their face in public opposition. With that in mind it's a little hard to take seriously the idea that they are self-motivated by anything that approaches idealism to oppose the voters of the city. As today's stories make clear they are not trying to save the people of the city any money. If that was their purpose they'd demand that their lawyers not entangle the bond issue that is costing the community so much money--and delaying a project for which the people voted. No, it is simply impossible to believe that Naquin and Eastin are hoping to benefit the community.

So why? The remaining explanations are pretty clearly self-serving.

1. They remain simply the tools of the incumbents. (Somebody has to be paying for these lawyers to keep four (count 'em!) lawsuits in different courts running. Who is paying for this? This 62 year old Elizabeth Naquin woman and Eastin? I have to doubt it.)
2. They're hoping for a big bucket of money and are willing to blackmail the community in the hopes that the city will fork over a pay-off to get the chance to go forward. (Ain't gonna happen.)
3. They actually think the lawsuit has a chance and that there would be a pot of gold at the end of the rainbow that they are willing to split with the lawyers. However, if the lawyers I've talked to are right there is really no chance of this. A win would only result in a long-term repayment in the form of a little bit of money rebated on each bill. There is no pot of money coming in any case. If their lawyers are telling them different they need to talk to other lawyers. Their own lawyers have undoubtedly made sure their cut is coming from somewhere.

There just aren't all that many explanations for what is going on here as long as Eastin and Naquin are standing in the way of the bond issue. They're costing the people of the community money and delaying a project the people voted for. It's all pretty ugly.
RadioDoc
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Re: More info...

or

4. The attorneys involved saw a juicy contingent fee in the class action and found two dopes to use as plaintiffs. That is the simplest explanation, although it blows up all of the conspiracy theories.

Methinks John the 'lafayetteprofiber' blogger is a bit full of himself.
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Harddrive
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Re: More info...

yeah, he aint even a resident of Lafayette if i read correctly.
bmn
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hiatus

Re: More info...

»lafayetteprofiber.com/Operations···tml#John

He is a resident...

Harddrive
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Re: More info...

i stand corrected.

batterup
I Can Not Tell A Lie.
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Netcong, NJ
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Red lining plane and simple

The city is cherry picking and providing fiber to a profitable area. They should be forced to provide fiber to the swamps and bayous. Verizon has the cost of FIOS down to about $1500 per premise. The city is spending $2783 per premise. I would sue too.

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