It is a judgement that could cost the owners of the Fort Street Tourism village millions of dollars. But today the Chief Justice showed no fear as he ordered the village owners to bring down the wall that separates it from the Brown Sugar Marketplace on one side and the Harbor View Restaurant and Michael Colin Gallery on the other. As we’ve reported, Fort Street erected the walls because it is an international port, and, in no small part, to protect its cruise passengers from competitors at Brown Sugar and Michael Colin. The case was argued last year June – with Dean Barrow as the attorney for Brown Sugar and Fred Lumor as the lead for the Brown Sugar Marketplace. Almost a year later, the Chief Justice delivered his 30 page judgement. t completely changes the business dynamic in the cruise industry and we spoke to the manager of Brown Sugar Christian Riverol.
Christian Riverol, Manager – Brown Sugar Marketplace
“This is a great victory for us and something that we’ve been fighting for, for so many years. This is great for us. The whole plan, the great project that we undertook can now fully go into place. We can be fully open
and all our tenants and our staff and our employees – everybody can now work towards making this company successful.”
And now the Brown Sugar Marketplace can hope to benefit from the crush of passengers across the boardwalk at the Fort Street Tourism Village when this wall is removed. Same for the Harbor View and Michael Colin Galleries on the other side.
Jules Vasquez,
You all are the under dogs in this case with Diamonds International and Royal Cruise Caribbean. How does it feel being now the over-dogs?
Christian Riverol,
“Well it feels good. Like we have maintained as well, these large international companies, foreign companies, have come into this country and invested money and now that local investors have come in, we were kind of shunned, like we can’t open our business, and these are local investors, and this international people have come in and kind of override us.”
But now they will ride, side to side, with no wall in between. The Chief Justice found that the wall was depriving Brown Sugar developers from their right to earn a living. And as a structure permitted by the City Council – it did not comply with City Council ordinances. So the walls must come down in 7 to 14 days, and all those tourists on one side, should be able to walk freely to the other side – which right now is mostly empty – a virtual study in contrasts. It is a dramatic decision, but Brown Sugar attorney, Senior Counsel Fred Lumour was circumspect about the accomplishment.
Fred Lumour, Attorney for Brown Sugar
“We are quite relieved but we know that this is not the end of the
road. There are serious legal issues or constitutional issues involved in this matter. I would not be surprised if these issues are taken on appeal.”
Jules Vasquez,
You fear that they’ll appeal and this entire excitement over tearing down the wall in seven to fourteen days will have been ephemeral?
Fred Lumour,
“I believe that this is a matter involving millions of dollars so I know they will give up the fight easily. But we are determined to ensure that the walls come down for the time being whilst they pursue whatever rights they have.”
Jules Vasquez,
Fort Street Tourism Village is owned by multinationals and extremely wealthy companies. They don’t like losing, they don’t like going from a position of being the over-dogs to suddenly being the underdog.
Fred Lumour,
“Well they will have to pursue whatever rights they have against the government who gave them the exclusive rights. That is not a matter for my clients. My clients want to enjoy part of the cruise ship industry. If the government was fool hearty enough to give them exclusive rights which contravenes somebody else’s rights, let them pursue their rights against the government and it is a matter to be sorted out between those two entities. I am sorry for them but I have no pity for them.”
Jules Vasquez,
So in the end taxpayers may end up having to suffer the difference?
Fred Lumour,
“As is always the case.”
No one from Fort Street was at court for comment, as all the senior managers are reportedly out of the country. There’s no decision yet on whether they will appeal the judgment. Last year, Barrow had argued that the owners were unsusceptible to constitutional redress because they are not a public authority. As noted in the story, the Chief Justice ordered that the wall should come down in 7 to 14 days. No damages were awarded.
