I have some concerns regarding the lawsuit brought by an Andrew Day against Key West re the New Year’s Eve curfew. Federal Judge King will be hearing the matter this morning at 10.

You will recall from yesterday’s blog, I could find no one who knew Day as a Key West bar owner. He never claimed to be one in his Complaint. However, he was going through a lot of expense just to be a good citizen.

I could not find anyone either who knew Day personally.

How did the man get involved in the lawsuit? Bothered me. Something was amiss. He had gone a “far stretch” for a “concerned citizen.”

Day is either a concerned citizen or fronting for someone or some group. Nothing wrong if he is. Except people have a right to know.

Day has no pecuniary interest in the bars remaining open. Bar and/or restaurant owners do.

Legally, a question arises as to “standing” and “damages” if Day is to succeed.

Standing involves being a recognizable person under the law to bring a lawsuit. One man alone is not sufficient to bring the type of lawsuit here. If he were a bar owner (s), perhaps so. As an individual citizen standing alone, not.

Generally a person must have sustained some damage to bring a lawsuit. What damage has Day sustained? Other than not being able to bar hop at midnight New Year’s eve.

Day fails in both the standing and damage positions required to maintain a lawsuit. Merely an observation. I could be wrong. I have been wrong on other occasions in my lifetime.

By this time tomorrow, we should know.

Philip Esformes was considered the King of Medicare Fraud. He was convicted last year of Medicare fraud. To the tune of $1.3 billion. He was sentenced to 20 years in jail.

Trump commuted his sentence this past week.

Chabad-Lubavitch is a Jewish orthodox movement. Adelph Institute is some sort of affiliate of Chabad-Lubavitch. Both are favorites of Jared Kushner.

Esformes’s family donated $65,000 to Adelph Institute in the several years following his indictment. A number of others donated to Adelph Institute purportedly with Esformes in mind.

Esformes had an excellent lifestyle. He used the money fraudulently  obtained to pay escorts, purchase a $1.6 million Ferrari, purchase a $360 million Swiss watch, and pay a bribe to get his son admitted to the University of Pennsylvania.

The PPP program was part of the CARES Act. The government provided x number of dollars to a business. The purpose of the loan was to permit the business to meet payroll. Keep its employees employed.

If the business used the money for its intended purpose, there was no obligation to repay the government. If it failed to do so, the monies had to be repaid plus 1 percent interest. A cheap loan.

Omni Hotels and Resorts International received $76 million in PPP loans. Paid not one penny to its employees. In fact, laid many off.

Omni has said it will return to the government what it owes plus the interest. A cheap loan by any standard.

A Swedish group has been studying the affect of human medications on Keys bone fish. The pharmaceutical drugs generally going into the toilet via human excretions, then through wastewater treatment, finally being released and/or leached into nearby waters.

Bone fish from Key  Largo to Key West part of the study.

The study consisted of only only six bone fish. Study findings were the bone fish that had been exposed to human anti-depressants and anti-anxiety medications had changed their behavior. The bone fish were more active, fed and migrated faster, engaged in more risk taking behaviors, and were less sociable.

It was also discovered the dosages found in the bone fish were high enough to affect humans.

I was involved in the second largest environmental case in 1981. The only one previously larger was Love Canal.

I represented 2 corporations that had contributed to hazardous substances which end up in a garbage dump that was now leaching substances. My clients had paid several million dollars to commence the clean up. The remediation was on going and would cost millions more.

I sued 603 potentially responsible parties on behalf of my two corporations in order to get my clients reimbursed for the monies they had already paid and were obligated to further pay.

Note the lawsuit was 40 years ago.

It was a known fact that home used pharmaceutical drugs contained hazardous substances. No one up to that time had given serious consideration to those same hazardous substances ending up in a landfill. Working with our scientists, it was determined that most people disposing of unused drugs would merely throw them in the garbage. They ended up in the landfill and contributed to the landfill’s contamination.

The knowledge a big deal back then. Today, common place.

My blog talk radio show tonight at 9 my time. Tuesday Talk with Key West Lou. Join me for a fast moving half hour. Guaranteed you will enjoy my ranting and raving.

Enjoy your day!


















6 comments on “SOMETHING’S NOT RIGHT

  1. I do not know Lou, but I doubt it. He had been the marketing director for Casa Marina and other similar jobs. A bar tender sounds like that would be a step down. On the other hand, any bar could set that up for this purpose only, couldn’t they?

    • Checked Home services Key West out on internet. His name did not appear on sites shown. Is his wife’s name Amanda? Great site page. Shows some of their clients and properties. This a top shelf cleaning operation. Big business. Bartending doesn’t fit.

      • This reply same day as first. One and a half hours later. Just read followup on Day case in Miami Herald. Judge King ruled. In favor of Key West et al denying Day’s application for a temporary restraining order. The Judge decided the case on its merits rather than on a technicality. No Day Constitutional right was violated. The article stated that Day was a bartender and his wife was one also. It does not appear the lawsuit’s Day is one and the same with Home Services Key West’s Day (if a Day is involved with such company). Details re the decision will be reported in tomorrow’s blog.

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