by peter e. bortner
Charging they are the victims of a malicious campaign to put them out of business, the owners of Big Diamond Raceway have sued Cass Township and its supervisors.
Frederick and Krista Roehrig, Minersville, allege in their 26-page complaint that Michael Kulpcavage, James D. Thomas and John W. Walaitis have used intimidation and lies to undermine operations at the Forestville racetrack.
"The conduct described in this complaint ... was intended to oppress the plaintiffs," according to the complaint, which was filed Monday in Schuylkill County Court.
The Roehrigs and their company, Big Diamond Raceway LLC, asked for unspecified monetary damages in excess of $50,000, plus attorney fees, costs and punitive damages, and demanded a jury trial of the case.
This complaint marks another step in an ongoing dispute between the township and the Roehrigs, a squabble centering on Cass' amusement tax.
The Roehrigs filed a separate lawsuit Aug. 20, 2012, alleging that the township reneged on a 1984 agreement with them that the raceway would pay a 5 percent amusement tax. Cass had adopted the 10 percent amusement tax in 1983.
On March 29, 2012, the township adopted a new ordinance imposing a 10 percent tax on admission fees and requiring participants to pay the tax. On July 26, it adopted an amendment imposing the responsibility for payment of the tax on the owners and operators of the facility instead of the patrons.
In the current complaint, the Roehrigs allege:
- The supervisors doubled the amusement tax to 10 percent from 5 percent, even though state law prohibited such an increase, and tried to intimidate them into paying the increase without question. Intimidation tactics included an unprecedented decision to have Kulpcavage, with a police escort, hand a copy of the new ordinance to Krista Roehrig at the racetrack, increasing police presence at races and threatening to adopt an anti-noise ordinance, the complaint reads in part.
- Thomas libeled them by implying they have not paid the correct amount of taxes, spent money that should have gone to tax payments on other unspecified items and forced the township to monitor their business.
"Thomas deliberately intended to convey the impression that the plaintiffs are dishonest and untrustworthy," the complaint reads in part.
- The township has sent representatives to the racetrack without consent under the pretense of counting the number of people attending events. In actuality, the people watch the races and are trespassers, the Roehrigs allege.
"(They) do not even pretend to do their job correctly," according to the complaint.
- The township uses intimidation and aggressive law enforcement to reduce attendance and participation at races. Specifically, on May 4, 2012, the township disrupted the arrival of spectators and participants, according to the complaint.
"The defendants have intentionally, willfully, maliciously, unlawfully and tortuously interfered with and disrupted plaintiffs' (business)," the complaint reads in part.
- By trying to force Fritz Roehrig to submit to an oral deposition, the township is violating the Americans With Disabilities Act.
- By their actions, the township and its supervisors have violated their civil rights.
"The defendants' conduct ... is shocking to the sensibilities of a reasonable person," the complaint reads in part.