The principals of the Venice Bay gated community are suing Bacardi & Company Limited, claiming that the liquor manufacturer “wrongfully caused or permitted noxious and offensive particulars, fumes, vapors and smoke to be discharged into the atmosphere from [its] premises.”
In a writ filed in the Supreme Court recently, Roosevelt and Carolyn Whyms claimed that the situation is hazardous and dangerous to the health of “agents and servants” of the 200 acre Venice Bay, which is located near Bacardi, off Carmichael Road.
They charge that the company is a nuisance in the community as a result of the alleged emissions.
“The [company] threatens and intends, unless restrained by the court, to continue to discharge the said particulars, fumes, vapor and smoke, and thereby to continue to commit the said nuisance and cause further annoyance and discomfort and loss and damage,” the writ says.
They also contend that the alleged emissions were a result of Barcardi’s negligence, and accused the company of failing to install suitable equipment to reduce the volume of and or prevent the discharge of the fumes, vapor and smoke.
The plaintiffs further accused the company of violating the Environmental Health Services Act.
They charged that Bacardi allowed emissions or discharges into the environment of contaminants and or pollutants in amounts, concentration and or levels in excess of that prescribed by regulations under the Act.
The plaintiffs are asking the court for an injunction to restrain Bacardi from “carrying on or permitting to be carried on their business of manufacturing rum or rum products at their said premises in such a manner as to constitute to cause the discharge of hazardous offensive and noxious particulates, fumes, vapor and smoke onto property owned and occupied by [the Whyms and Venice Bay Holdings Ltd.].”
Venice Bay is also asking for damages, interest and costs, amounting to $75 million.
The plaintiffs claim in a press release that they have the support of some homeowners in the area who are also concerned about the alleged actions of Bacardi.
They claim that the ongoing dispute began back in 1999 and included a request by then Bacardi president Francisco Careera-Justiz for Mr. Whyms, the Venice Bay CEO, to put his environmental concerns in writing.
In response to Journal inquiries, Bacardi officials released a short statement, saying that for 40 years, Bacardi & Company has been operating a production facility in The Bahamas and has been called “an exemplary corporate citizen” because of its continual corporate actions, employment opportunities, cooperation in working with local regulatory officials and community contributions.
“We regret that the matter involving Venice Bay is now in litigation,” the company said. “Because of that, we are limited in what we may say about the matter. We will vigorously defend any legal actions against the company.”
By: Candia Dames, The Bahama Journal
