I have been a vendor at the Charleston Farmers market for 6 years. It is run by the city of Charleston, Office of Cultural Affairs, since 1979. This passed year they decided to "Jury" the vendors. There are 120. I received a score 2.6% below minimum qualification to be asked back. The system was a sham. unqualified jurors, eliminating me. They have since allowed me back in, but only every other week, and in a much more unfavorable position. I m doing about 30% of what I did last year. Can I sue
Already Tried: been to 2 "grievance committees" the city had an attorney there. No help. Went to the Mayor, said he would look into it, the suggestion to get me more work didn't work. When I informed them, their legal said that is all they can do. Went to the local newspaper. Got favorable response. Need to find an attorney to see if I have legitimate complain. This has forced me into bankruptcy, and about to lose my home. 65 years old, veteran, married 41 years, entrepenure my whole life. No pension. get SS
Thank you for the post, I am happy to assist you by answering your questions. Yes, you can sue. However, in order to prevail you need to establish that the basis of your unfavorable rating was based upon a false accusation or claim, or discriminatory in nature (e.g. based on race, gender, religion, etc.). If it is simply that other vendors do not care for you and voted you out as a result, this would be legal, though very unfortunate. Please let me know if you have any follow up questions.
This is my 2nd reply. The jurors were independently picked by the Office of Cultural Affairs. 5 people, 2 couples were married. The questions were subjective, and the jurors did not sample all of my products. The point system was flawed, they were not tabulated correctly, nor did they properly attribute a bonus amount for past service (which would have put me over the minimum of 4.0 out of 5.0.... my score was 3.88) This business is my only income. 32k annual..reduced now to10k. caused bankruptcy, and may lose my home. Can i get an attorney to help me?
Yes, you can likely get a local attorney to assist you but it would cost you to do so as an attorney in this situation would not likely take your case on contingency because of the nature of your claim. A suit against a municipality is difficult to bring successfully, and with the facts of your case even more so because the claim is not that you were discriminated against singled out, but that the system is flawed and needs to be changed.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.