In a federal class-action lawsuit filed against BP and six others, Key West Tiki Charters Inc. contends the perception oil from the Deepwater Horizon blowout has hit the Keys is costing the company dearly.
<!-- end story-rail -->BY CAMMY CLARK
<!-- begin /production/story/credit_line_format.comp -->cclark@MiamiHerald.com
<!-- end /production/story/credit_line_format.comp -->Captain Duck is suing British Petroleum, saying the oil company giant is responsible for his small charter boat business losing tourist customers in Key West.
Although no oil from last month's Deepwater Horizon blowout has reached the Florida Keys, Michael J. Burge, who goes by the nickname Captain Duck, said it's the ``perception'' that has cost him significant snorkeling, diving, fishing and dolphin encounter business over the past few weeks.
``People think the Exxon Valdez is in the Keys,'' Burge said Wednesday.
Burge's 3 ½-year-old company, Key West Tiki Charters Inc., filed a federal class action lawsuit Tuesday against BP America Inc., Transocean Ltd, Haliburton Energy Services and four other companies involved with the gushing oil spill more than 450 miles away in the Gulf of Mexico.
``It's the first of many lawsuits we're going to be filing in federal court in the Keys,'' said Coral Gables-based attorney Alex Alvarez.
While Key West Tiki Charters currently is the only plantiff in the lawsuit, the complaint estimates the approximate size of the class will be 1,000. Because the situation is evolving, he said he hasn't yet calculated damages.
``There are thousand of commercial fishermen and charter boat captains in the Keys and everyone will have claims because their livelihood has been attacked,'' Alvarez said.
So far, the Keys commercial fishermen have not lost business with their fishing grounds unaffected by the oil spill.
But Burge said the charter boat captains already have been affected, and just when they were trying to recover from several bad years that started with skyrocketing gas prices and was followed by the economic recession.
``So many of us had been standing on the edge of a cliff,'' Burge said. ``This oil, for some of us, is taking away the last vestige of hope to stay in business.''
Burge said he can document cancellations due to the perception of oil in the Keys, and is expecting his business will continue to suffer until the oil leak is sealed and the oil is cleaned up. Last year at this time he averaged between 20 and 30 customers a day, and now he's averaging about 10, he said.
Planning to join the lawsuit is Captain Chuck Donney, who runs charter fishing and snorkeling excursions in the Lower Keys on his 32-foot boat named Tails 2 Sails.
``I can tell you within two hours of the Today Show saying there was oil on beaches of Key West [on May 18], I had five cancellations,'' Donney said.
While the tar balls shown on NBC's Today Show proved not to be from the Deepwater Horizon oil rig leak, Donney said the damage was done.
``I've lost 13 full days for next month at roughly $850 a day,'' he said. ``People say they can't take a chance on what they see on the news. Some told me they were going to Cancun instead.''
Jodi Weinhofer, president of the Lodging Association of the Florida Keys and Key West, said her members, too, have lost business due to misperception, although it has been difficult to track.
``We're getting a huge amount of phone calls and questions asking: Is there oil on the beaches? Can you fish? Can you eat the seafood?'' she said. ``Sadly, we are being affected, but not by reality. Many people don't truly understand the geography of Florida, and that we're 450 or 470 miles away from the spill.''
<!-- end story-rail -->BY CAMMY CLARK
<!-- begin /production/story/credit_line_format.comp -->cclark@MiamiHerald.com
<!-- end /production/story/credit_line_format.comp -->Captain Duck is suing British Petroleum, saying the oil company giant is responsible for his small charter boat business losing tourist customers in Key West.
Although no oil from last month's Deepwater Horizon blowout has reached the Florida Keys, Michael J. Burge, who goes by the nickname Captain Duck, said it's the ``perception'' that has cost him significant snorkeling, diving, fishing and dolphin encounter business over the past few weeks.
``People think the Exxon Valdez is in the Keys,'' Burge said Wednesday.
Burge's 3 ½-year-old company, Key West Tiki Charters Inc., filed a federal class action lawsuit Tuesday against BP America Inc., Transocean Ltd, Haliburton Energy Services and four other companies involved with the gushing oil spill more than 450 miles away in the Gulf of Mexico.
``It's the first of many lawsuits we're going to be filing in federal court in the Keys,'' said Coral Gables-based attorney Alex Alvarez.
While Key West Tiki Charters currently is the only plantiff in the lawsuit, the complaint estimates the approximate size of the class will be 1,000. Because the situation is evolving, he said he hasn't yet calculated damages.
``There are thousand of commercial fishermen and charter boat captains in the Keys and everyone will have claims because their livelihood has been attacked,'' Alvarez said.
So far, the Keys commercial fishermen have not lost business with their fishing grounds unaffected by the oil spill.
But Burge said the charter boat captains already have been affected, and just when they were trying to recover from several bad years that started with skyrocketing gas prices and was followed by the economic recession.
``So many of us had been standing on the edge of a cliff,'' Burge said. ``This oil, for some of us, is taking away the last vestige of hope to stay in business.''
Burge said he can document cancellations due to the perception of oil in the Keys, and is expecting his business will continue to suffer until the oil leak is sealed and the oil is cleaned up. Last year at this time he averaged between 20 and 30 customers a day, and now he's averaging about 10, he said.
Planning to join the lawsuit is Captain Chuck Donney, who runs charter fishing and snorkeling excursions in the Lower Keys on his 32-foot boat named Tails 2 Sails.
``I can tell you within two hours of the Today Show saying there was oil on beaches of Key West [on May 18], I had five cancellations,'' Donney said.
While the tar balls shown on NBC's Today Show proved not to be from the Deepwater Horizon oil rig leak, Donney said the damage was done.
``I've lost 13 full days for next month at roughly $850 a day,'' he said. ``People say they can't take a chance on what they see on the news. Some told me they were going to Cancun instead.''
Jodi Weinhofer, president of the Lodging Association of the Florida Keys and Key West, said her members, too, have lost business due to misperception, although it has been difficult to track.
``We're getting a huge amount of phone calls and questions asking: Is there oil on the beaches? Can you fish? Can you eat the seafood?'' she said. ``Sadly, we are being affected, but not by reality. Many people don't truly understand the geography of Florida, and that we're 450 or 470 miles away from the spill.''