City facing Arcade suit
by Chris Wilson

Concerns raised by two business owners in the Arcade Plaza will likely net the City of Ojai yet another lawsuit.
Attorneys David and Cath Jones, representing Lisa Clark, owner of Busy Babes Beauty Supply and Salon, and Lisa Sauvageau of Studio Sauvageau, said Thursday they will file a lawsuit to halt redevelopment construction on the Arcade Plaza because it threatens to damage business and possibly put their clients out of business.
The construction process may at times block access to the businesses, and destruction noise is a nuisance that is already causing harm to the businesses, the lawsuit claims.
David Jones said a letter responding to request for compensatory damages of $350 per day for any day when the Busy Babes has access blocked has been rejected by the city.
"Basically the position they are taking is, come see us at the completion of the work if you're still in business, and then we'll talk about compensation."
He said he would probably be filing in Superior Court Friday morning and would drop a note off at City Hall to let them know that he was filing.
The lawsuit brings several causes of action against the city of Ojai - including negligent and intentional interference with prospective business, defamation and slander and intentional infliction of emotional distress.
The Ojai City Council met in closed session for a special meeting Tuesday to consider the potential settlement arrangements requested by the business owners and their attorneys.
As part of the lawsuit, the Joneses are alleging that Singer slandered Clark, by asking Cathy Jones if Clark has a drug problem. Singer wrote a letter of apology to Clark that is now in the Joneses' possession.
Singer said he asked the questions in a personal conversation he had with Jones and never intended to hurt anyone.
"I have never made slanderous nor derogatory remarks to any of our residents or business owners," he stated in an e-mail to the OVN.
Clark said the only drugs she takes are ibuprofen and 15 cigarettes a day.
"I just feel like I don't want to lose my business," Clark said. "Just from the noise, I can see that business is already going down."
During the Ojai Planning Commission meeting Wednesday, Ojai City Councilwoman Sue Horgan said the City of Ojai and the Council are doing everything they can to work with business owners affected by the construction in the Arcade Plaza. Afterward she referred to Singer as a kind and caring individual.
"It's a shame to me that this kind, caring man would have something he said misrepresented misinterpreted," Horgan said.
Presently the the law office of Jones and Briggs is focusing on Clark's requests since, as they allege, she is immediately facing closure of her business during phase one of construction. Access to Studio Sauvageau won't be in question until phase two of the construction process starts.
City Manager Dan Singer maintains that until a claim of damages is brought before the council, he can't provide any form of compensation.
"The Council was genuine in their interest to support our local business, however they felt that any settlement now, based on potential losses would be premature," Singer stated in a letter to David Jones dated May 1. "If a settlement is necessary, the Council felt it should be made following an actual loss associated with the closure of a business."
The Jones have both already said that noise associated with the project is causing damage to Busy Babes already.
"The noise is so deafening out there, I don't know that access is going to do her any good," Cathy Jones said. "All we asked the city to provide was access, and on the days that you can't keep her door open, compensate her up to $350. If she makes $100 that day, then you give her $250. Reroute people the best you can, but if you have her front door closed, you're going to have to compensate her."
What Singer's letter to Jones, dated May 1, 2002, does offer is seven days notice in the event of closure and directional signs that lead to the businesses.
Jones referred to the letter as "pretty callous" and said he would be reworking the litigation documents Thursday afternoon and adding a nuisance clause. He said noise from the construction was already causing damage to the business
Singer's letter stated what the city was willing to offer the business owners.
"We are allowed to do public works projects," Singer said. "I think it is very disappointing that they will make an effort to shut construction down, because that will only hurt the community."
"They seem completely blind to the plight of a small businesswoman," Cathy Jones said.

© 2002 The Ojai Valley News

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