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8K views56 pagesFriends of Fair Grounds Field Vs City of Shreveport and Henderson Construction Services
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8K views56 pagesFriends of Fair Grounds Field Vs City of Shreveport and Henderson Construction Services
Friends of Fair Grounds Field vs City of Shreveport and Henderson Construction Services
Uploaded by
CurtisCopyright
© © All Rights Reserved
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1 64 fa a “i
64647 'B
FRIENDS OF FAIRGROUNDS FIELD, SUITNO.:
L.L.C. and JOHN W. LOWE
FIRST JUDICIAL DISTRICT COURT
VERSUS
THE CITY OF SHREVEPORT AND.
HENDERSON CONSTRUCTION CADDO PARISH, LOUISIANA,
SERVICES, INC.
PETITION FOR TEMPORARY RESTRAINING ORDER,
PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION
NOW INTO COURT, through undersigned counsel, come PLAINTIFFS, FRIENDS OF
FAIRGROUNDS FIELD, L-L.C. and JOHN V. LOWE (hereinafter collectively referred to as
“Plaintiffs”) who hereby submit this Petition for Temporary Restraining Order, Preliminary
Injunction and Permanent Injunction, as follows:
1
Plaintiff, FRIENDS OF FAIRGROUNDS FIELD, L-L.C,, is a Louisiana limited liability
company, having its principal place of business in Caddo Parish, Louisiana (“Friends”). Friends is
an organization formed by individuals who seek the preservation, improvement and development
of the are upon which Fairgrounds Field, Shreveport, Louisiana is located. It is also formed to
preserve, enhance, and improve this Louisiana State Fairgrounds campus for safe and healthy
recreational, educational and fraternal purposes
2.
Plaintiff, JOHN. V. LOWE, is an individual of the full age of majority, and a resident of
Caddo Parish, Louisiana (“Lowe”). Lowe is a retired county agent for North Louisiana, having
served in that capacity for over thirty years and a fifty-seven-year volunteer at the Louisiana State
Fair, Lowe currently is doing volunteer work at the State Fairgrounds adjacent to the Fairgrounds
Field
3.
$_52° FILED
SEP 30 2022
2
& ry?
10.
The United States Center for Disease Control (“CDC”) and the Louisiana Department of
Public Health war of dangers associated with histoplasmosis, particularly in demolition projects
(ee, Exhibit “A” and Exhibit “B”, annexed hereto). According to the CDC, the largest outbreak
of acute respiratory histoplasmosis occurred beginning in the month of September 1978 and lasted
until August 1979. Over 100,000 people were estimated to have been infected during that period,
with 300 people hospitalized and 15 deaths. According to the CDC, this incident occurred when a
long-abandoned amusement park was being dismantled and demolished,
ul
According to the Center for Disease Control, the fungal spores may have a lifespan of up
to three years after creation.
12,
The City of Shreveport entered into a demolition contract with Henderson Construction
Services, Inc on June 27, 2022, a copy of which is annexed hereto as Exhil
it “C”. In the written
contract, the scope of work is defined as “IFB 22-014 Demolition of Fairgrounds Field,” and the
amount of the contract is two hundred cighty thousand three hundred six dollars ($280,306.00).
The scope of work set forth in the bid package consists of three sentences, none of which mention
bats, bat removal, or guano and certainly no mention of histoplasma remediation.
13.
On July 14, 2022, a little more than two weeks later the city executed a change order
increasing the contract amount to $192, 500 with the change defined in its entirety as “Remove
bats from the stadium and provide bat guano cleanup.” NO other contract documents define the
‘work or describe the requirements imposed on the subcontractor for this subcontract, all as set
forth on Exhibit “D” annexed hereto.
14.
Perault Nuisance Wildlife Control, LLC (“Perault”), was selected to provide sub-contractor
services to “remove bats from the stadium and provide guano cleanup.”
15
Page 3 of 7 In June 2022, United Bat Control, Inc (“United”), had submitted a detailed and
comprehensive proposal to Henderson Construction Services, Inc. for bat removal, guano removal
and “histoplasmosis remediation,” as well as odor control at a proposed total cost of $167,850.00.
United’s proposal was rejected, for reasons best known to the City and Henderson. (See Affidavit
of Kevin Koski, President of United Bat Control, annexed hereto as Exhibit “E”).
16.
Henderson began work on the demolition and, on August 22, 2022, Perault began bat
removal, as process that was documented by a number of Shreveport area news media, including
‘an interview with representatives regarding their work in removing the bats and relocating them
several miles away, These interviews and articles contained no information on guano disinfection
or histoplasmosis rerediation.
7.
In September 2022, United was asked to return to Shreveport and inspect the stadium in
connection with the bat issues. A number of Shreveport residents, who invited United, were
concemed about this work and many of them opposed the demolition of the stadium under any
circumstances. See Exhibit “E”.
18,
Based upon observations at the Fairground Field and reports from United, Plaintiffs are
informed and believe that bat infestations remain at Fairgrounds Field and, more importantly,
substantial guano deposits remain on the premises, un-remediated. Id.
19.
Plaintiffs are all either residents in nearby neighborhoods adjacent to Fairgrounds Field or
use the State Fairgrounds and anticipate being present on those premises in the immediate future.
20.
The Louisiana State Fair is scheduled to commence in the last week of October 2022, 10
last until the first week of November, with preparations by the public and vendors occurring in the
days and weeks prior to the opening of the fair. Additionally, Plaintiffs are informed and believe
that parking lots at the Fairgrounds adjacent to Fairgrounds Field are used by the Caddo Parish
school buses for large numbers of school children each day.
Page 4 of 7
San 21.
Plaintiffs are informed by the City of Shreveport that on or about Monday, September 26,
2022, subcontractors will begin the process of pulverizing the structural elements of Fairgrounds
Field, including concrete and other structural elements which are ladened with layers of guano
deposits.
2.
PlaintiffS are informed and believe that the pulverized chunks of the contaminated chucks
will then be placed into industrial concrete grinders, which are notorious, even under the best of
circumstances, for creating huge clouds or particulate matter, which become airborne and cover
the surfaces of surrounding properties, See Exhibits “A”, “B” and “E”,
23
‘As of the date of this Petition, very hot, dry and dusty conditions prevail in the Shreveport,
Louisiana area and dry dusty conditions prevail all over the Louisiana State Fairgrounds which has
little grass and very little irrigation.
24
‘As set forth in the United States National Weather Service forecasts for the next ten days,
dry conditions are expected to continue to prevail and will likely exist during the entire time that
concrete pulverization and grinding is anticipated to occur beginning on or about September 26,
2022, and for at least two weeks thereafter.
25.
Plaintiffs allege that there is a substantial likelihood that pathogen ladened particulate
matter will be released into the air over the next few weeks leaving a dusty coat of dangerous
particulate matter over the Louisiana State Fairgrounds, and in the neighborhoods adjacent thereto
where thousands reside, See Exhibits “A”, “B” and “E”.
26.
Friends, its individual members, and other users of the Louisiana State Fairgrounds are
likely to be adversely affected by these developments and exposed to dangerous airborne
particulate matter, which is known to cause serious respiratory disease and, in severe cases, death.
27.
Page 5 of 7 Plaintiffs, and those similarly situated with plaintiffs, who number in the thousands are
likely to incur irreparable injury unless this court intervenes into this matter , through the issuance
of a temporary restraining order, and preliminary and permanent injunctions, unless and until the
City of Shreveport. can show that its continued efforts to demolish Fairgrounds Field can be
accomplished without a clear and present healthcare danger to invitees at its property on the State
Fairgrounds and in the surrounding neighborhoods.
28,
Although Plaintiffs believe they can show irreparable injury, Plaintiffs further allege that
the conduct of the City and its contractors herein are violative of criminal laws of this state,
including the Louisiana Air Control Law, and violates obligations “to do” and “not to do” pursuant
to the Louisiana Civil Code, which expressly dispense with the necessity of irreparable injury in
support of injunctive relief.
WHEREFORE, PLAINTIFFS, pray that DEFENDANTS, the City of Shreveport and
Henderson Construction Services, Inc., be served and after due proceedings are had, that a
temporary restraining order preliminary injunction and permanent injunction issue as follows:
A. That this Court enter a Temporary Restraining Order directed unto the DEFENDANTS,
the City of Shreveport, along with its employees, officers, insurers, contractors, sub-
‘contractors, and assigns, and Henderson Construction Services, Inc., along with its
employees, officers, contractors, sub-contractors, and assigns, to refrain from the
following until such time as the Court determines to its satisfaction that any public health
hazard in connection with bat guano particulate matter and the acrosolization of same
(including but not limited to histoplasmosis risk) has been remediated, contained or
otherwise resolved:
L. Refrain from demolition, destruction, or disassembly act
ies of any part of the
Fairgrounds Field property at issue; and,
2. Refrain from transporting, moving, disrupting, disturbing or otherwise causing any
dissemination or aerosolization of any particulate matter from the Fairgrounds Field
Page 6 of 7 property (including currently existing parts of Fairgrounds Field Property and/or
those which have already been removed from the facility)
B. That a rule be issued directing DEFENDANTS, the City of Shreveport and Henderson
Construction Services, Inc., to show cause, if they can, at a date and time set by this Court,
why preliminary injunctive relief in the form and substance of the temporary restraining
order should not be granted;
C. That, after due proceedings are had, that this Court maintain said injunction until such time
as there is no longer a public health hazard associated with the demolition of Fairground
Field; and,
D. For any and all other general and equitable relief as Plaintiffs shall show themselves justly
entitled.
PLA!
Respectfully submitted,
HARPER LAW FIRS
(A Professional,
BY:
‘Jeral Harper, La. Bar No. 6585
[email protected]
Anne E. Wilkes, La. Bar No. 36729
[email protected]
213 Texas Street
‘Shreveport, Louisiana 71101
(318) 213-8800 [telephone]
318) 213-8804 [facsimile]
ATTORNEYS FOR PETITIONERS
Page 7 of 7 FRIENDS OF FAIRGROUNDS FIELD, SUIT NO.
LL.C., ET AL.
FIRST JUDICIAL DISTRICT COURT
VERSUS
THE CITY OF SHREVEPORT AND
HENDERSON CONSTRUCTION CADDO PARISH, LOUISIANA
SERVICES, INC.
VERIFICATION
STATE OF LOUISIANA
PARISH OF CADDO.
BEFORE ME, the undersigned Notary Public, personally came and appeared ULL.
COLEMAN, III, who, afier first being duly sworn, did depose and state that:
He has read the Petition for Temporary Restraining Order, Preliminary Injunction and
Permanent Injunction, and all of the allegations contained therein are true and correct to the best
of his information, knowledge and belief.
UL. Cae mm
‘Sworn to and subscribed befors 4 Public, this 30th day of September 2022.
OTARY PUBLIC
Name:__ trad A.
Notary ID #: 8
Commission Expiration:_@ death
Page 1 of 3 FRIENDS OF FAIRGROUNDS FIELD, SUITNO.
L.L.C. and JOHN W. LOWE
VERSUS FIRST JUDICIAL DISTRICT COURT
THE CITY OF SHREVEPORT AND
HENDERSON CONSTRUCTION
SERVICES, INC. CADDO PARISH, LOUISIANA
ORDER AND RULE TO SHOW CAUSE.
CONSIDERING THE FOREGOING,
IT IS HEREBY ORDERED THAT:
‘The DEFENDANTS, the City of Shreveport and Henderson Construction Services, Inc.,
be served with notice and citation of this Petition for Temporary Restraining Order, Preliminary
Injunction and Permanent Injunction along with accompanying memorandum and
attachments/exhibit; and,
‘emporary Restraining Order be and is hereby issued, directed unto the DEFENDANTS,
the City of Syreveport, along with its employees, officers, insurers, contractors, sub-contractors,
remediated, contained or otherwis
1, Refrain from demo!
2022, at {in a subsequent Order
pursuant to La. C.C.P. art, 3604(A).
Page 1 of PLAINTIFFS, FRIENDS OF FAIRGROI D, L-L.C. and JOHN V. LOWE, are
hereby directed to provide sec T the issuance of this Temporary Restraining Order in the
amount of $ , to be deposited with the Clerk of Court for the First Judicial District,
IT IS FURTHER HEREBY ORDERED that DEFENDANTS, the City of Shreveport an
Hoge y Comte ier soi ey ee ie) en on Ore
30
2022, at A>? orctock m..as to why preminary inuneton inthe form and substance
part 6
of the temporary restraining order granted immediately hereinabove should not issue herein,
without bond, to remain in fll foree and effect until further orders of this Cour.
THUS DONE AND SIGNED in Shreveport, Caddo Parish, Louisiana, on this 3a" Oo day
a
of. Segheab/~ jr tT” orctock pm
PLEASE SERVE:
THE CITY OF SHREVEPORT
Through its Mayor Relief deni freee
ones pee clief denied for failure to comply with La.
Municipal Plaza C.C.P. Art, 3604 and Dauphine v Carencro High
505 Travis Street, Suite 200 School. ow
Shreveport, Louisiana
HENDERSON CONSTRUCTION SERVICES, IN!
Through its Registered Agent
Shelton Henderson
267 Timber Line
Stonewall, Louisiana 71078
Page 2 of 2 FRIENDS OF FAIRGROUNDS FIELD, SUIT NO.:
L.L.C. and JOHN W. LOWE
VERSUS, FIRST JUDICIAL DISTRICT COURT
THE CITY OF SHREVEPORT AND
HENDERSON CONSTRUCTION
SERVICES, INC, CADDO PARISH, LOUISIANA.
MEMORANDUM IN SUPPORT OF
PETITION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY
INJUNCTION AND PERMANENT INJUNCTION
NOW INTO COURT, through undersigned counsel, come PLAINTIFFS, FRIENDS OF
FAIRGROUNDS FIELD, L.L.C. and JOHN V. LOWE (hereinafter collectively referred to as
Plaintiffs") who respectfully submit this Memorandum in Support of Petition for Temporary
Restraining Order, Preliminary Injunction and Permanent Injunction, as follows:
INTRODUCTION
The City of Shreveport is entering a phase of a demolition project at Fairgrounds Field that
poses a serious and imminent threat to public health at the Louisiana State Fairgrounds and in
adjacent neighborhoods, Plaintiffs are all either residents of this impacted area or anticipate being
on the premises of the Fairgrounds during the next few weeks, when the health care threat is at its
peak, a time period which coincides with the annual Louisiana State Fair, which officially opens
on October 27, 2022
Fairgrounds Field and its empty stadium complex has not been maintained by the City for
many years. And over that time, it has become the location of an impressive bat colony. And over
these many years, bat guano has accumulated in various places throughout the structure. Layers
of bat guano, when disturbed inarguably pose a serious health care risk, as such guano deposits
harbor microscopic fungi-spores which can cause serious respiratory diseases, and, in rare cases
death.
The City of Shreveport wants to demolish Fairgrounds Field and appears to be in quite @
hurry to do so. There are opponents to the demolition, and some of them are closely associate with
FILED
this action. The haste with which the City is moving to conduct the demoTition, and the issues
plaintiffs, but the public policy decision over whether to demolish the
Page 1 of 9 created thereby, are, however quite relevant to the subject motion. Ultimately, the issue before the
‘court is whether the process which is about to begin, with a massive wrecking ball being used to
pulverize the structure, and the resultant chunks of material placed into an industrial grinder which
will reduce the material, which appears to be ladened with layers of guano, will release
histoplasmosis bearing dust into the atmosphere endangering those in the neighborhood and on the
fairgrounds who encounter this dust.
The relief sought is quite limited: plaintiffs seek a stay of the demolition until such time as
the City can demonstrate that its demolition activities will not represent a substantial healthcare
danger to the people in the vicinity. Ifthe city was a private actor conducting these same activities,
an
one would expect municipal and parish officials it to employ their own police powers to ensure
$s
the same level of safety for its citizens. Here, oddly, the roles are reversed.
I, LEGAL AUTHORITIES
Louisiana Civil Code Article 667, “Limitations on use of property”, states:
Although a proprietor may do with his estate whatever he pleases, still he cannot
make any work on it, which may deprive his neighbor of the liberty of enjoying his
own, or which may be the cause of any damage to him. However, if the work he
makes on his estate deprives his neighbor of enjoyment or causes damage to him,
he is answerable for damages only upon a showing that he knew or, in the exercise
of reasonable care, should have known that his works would cause damage, that the
damage could have been prevented by the exercise of reasonable care, and that he
failed to exercise such reasonable care. Nothing in this Article shall preclude the
court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Nonetheless, the proprietor is answerable for damages without regard to his
knowledge or his exercise of reasonable care, if the damage is caused by an
ultrahazardous activity. An ultrahazardous activity as used in this Article is strictly
limited to pile driving or blasting with explosives.
La, C.C.P. art. 667,
Louisiana Civil Code Article 669, “Regulations of Inconvenience”, states:
If the works or materials for any manufactory or other operation, cause an
inconvenience to those in the same or in the neighboring houses, by diffusing
smoke or nauseous smell, and there be no’servitude established by which they are
regulated, their sufferance must be determined by the rules of the police, or the
customs of the place.
La. C.CP. art, 669.
Louisiana Revised Statute 30:2053 (part of the Louisiana Air Control Law (La. RS.
30:2051, ef seq.)), defines a “toxic air pollutant” as follows:
Page 2 of 9 “Toxic air pollutant” means an air pollutant which, based on scientifically accepted
data, is known to cause or can reasonably be anticipated to cause either directly or
indirectly through ambient concentrations, exposure levels, bioaccumulation levels,
or deposition levels, adverse effects in humans, including but not limited to:
Cancer;
Mutagenic, teratogenic, or neurotoxic effects;
Reproductive dysfunction;
Acute health effects; and
Chronic health effects.
La, RS. 30:2053(3)(a).
Louisiana Code of Civil Procedure Article 3601, “Injunction, grounds for issuance;
preliminary injunction”, states in pertinent part:
A. An injunetion shall be issued in cases where irreparable injury, loss, or damage
may otherwise result to the applicant, or in other cases specifically provided by
law; provided, however, that no court shall have jurisdiction to issue, or cause
to be issued, any temporary restraining order, preliminary injunction, or
permanent injunction against any state department, board, or agency, or any
officer, administrator, or head thereof, or any officer of the state of Louisiana
in any suit involving the expenditure of public funds under any statute or law
of this state to compel the expenditure of state funds when the director of such
department, board, or agency or the governor shall certify that the expenditure
of such funds would have the effect of creating a deficit in the funds of said
agency or be in violation of the requirements placed upon the expenditure of
such funds by the legislature,
E. During the pendency of an action for an injunction the court may issue a
temporary restraining order, a preliminary injunction, or both, except in cases
where prohibited, in accordance with the provisions of this Chapter.
La. C.C.P. art. 3601(A), (C).
‘A temporary restraining order and preliminary injunction are designed to preserve the
status quo pending a trial of the issues on the merits of the case. State ex rel. Caldwell v. Town of
Jonesboro, 47,896 (La. App. 24 Cir. 12/19/12), 108 So.3d 217, 226 (internal citations omitted).
See also Arco Oil & Gas Co. v. DeShazer, 98-1487 (La, 1/20/99), 728 So.2d 841, 843 (“During
the pendency of an action for an injunction, the court may issue’a temporary restraining order, a
preliminary injunction, or both.”).
Injunctive relief may be granted in cases where irreparable injury, loss or damage may
otherwise result to the applicant, and in other cases specifically provided by law. La, C.C.P. art.
3601; State ex rel. Caldwell, 108 So.3d at 226 (citing Frank L. Maraist, 1A La. Civ. L. TREATISE,
CIVIL PROCEDURE-SPECIAL PROCEEDINGS, § 1.2 (2012 ed.)).
Page 3 of 9 In order to prevail in the district court on a preliminary injunction, the movant is required
to establish that he will suffer irreparable injury, loss, or damage if the motion for preliminary
injunction is not granted, which is accomplished by prima facie showing that that the party will
likely prevail on the merits of the case. See State ex rel. Caldwell, 108 S0.3d at 226; Construction
Diva, L.L.C. v. New Orleans Aviation Board, 2016-0566 (La. App. 4" Cir. 12/14/16), 206 So.3d
1029, 1034. Louisiana jurisprudence has observed that the prima facie standard of proof to obtain
a preliminary Injunction is less than that require for a permanent injunction. Smith v. Brumfield,
13-1171, at p. 6, (La. App. 4th Cir. 1/15/14) 133 So.3d 78. See also, Yokum v. Pat O'Brien's Bar,
Inc., 12-0217 (La, App. 4th Cir, 8/15/12) 99 So.3d 74 (“low burden” of making a prima facie case).
While it is normally required to show irreparable injury in order to succeed on a preliminary
injunction, such a showing is unnecessary when “the conduct sought to be restrained is
unconstitutional or unlawful i.e., when the conduct sought to be enjoined constitutes a direct
violation of a prohibitory law and/or a violation of a constitutional right.” Jurisich v. Jenkins, 99-
0076 (La. 10/19/99), 749 So.2d 597, 599 (citing South Central Bell Telephone Co. v. Louisiana
Public Service Commission, 555 So.24 1370 (La. 1990)). See also Ouachita Parish Police Jury v.
American Waste and Petroleum Control Co., 606 So.2d 1341, 1350 (La. App. 2d Cir. 1992).
Thus, “once a plaintiff has made a prima facie showing that the conduct to be enjoined is,
reprobated by law, the petitioner is entitled to injunctive relief without the necessity of showing
that no other adequate legal remedy exists.” Jurisich, 749 So.2d at 599.
Put another way, “The jurisprudential rule requires three findings by the court before a
plaintiff can circumvent the irreparable harm requirement: first, that the conduct violates
prohibitory law (ordinance or statute) or the constitution’; second, that the injunction seeks to
restrain conduct, not order it; and third, that the plaintiff has met the low burden of making a
prima facie showing that he is entitled to the relief sought.” Yokum v. Par O'Brien's Bar, Inc.,
2012-0217 (La. App. 4th Cir. 8/15/12), 99 So.3d 74, 81 (emphasis added). Some Louisiana courts,
add a fourth consideration to the calculus of whether to grant or deny a preliminary injunction:
' “A mandatory injunction ‘commands the doing of some action’ and ‘cannot be issued without a
hearing on the merits.” A prohibitory injunction is one that seeks to restrain conduct.” Yokum v.
Pat O'Brien's Bar, Inc., 2012-0217 (La. App. 4th Cir. 8/15/12), 99 So.3d 74, 81 (internal citations
omitted).
Page 4 of 9 “{blefore issuing a preliminary injunction, the trial court should also consider whether the
threatened harm to the plaintiff outweighs the potential harm or inconvenience to the defendant
and whether the issuance of the preliminary injunetion will disserve the public interest.” Dale v.
Louisiana Secretary of State, 2007-2020 (La. App. | Cir. 10/11/07) 971 So. 2d. 1136, 1141. See
also Historic Restoration, Inc. v. RSUI Indem. Co., 2006-1178 (La. App. 4th Cir. 3/21/07), 955
So.2d 200, 208 (quoting Chandler v. State, Dep't of Transp. and Dev., 02-1410 (La. App. Ist Cir.
3/28/03), 844 So.2d 905, 909).
The test of the right to an injunction against the maintenance of a nuisance (such as the one
created here, as a significant health hazard, that will occur as a result of demolition of the property
without proper containment and remediation prior to such demolition), is “whether the alleged
nuisance produces serious or material discomfort to persons or ordinary sensibilities in a normal
state of health.” McCastle v. Rollins Environmental Services of Louisiana, 415 S0.2d 515, 519 (La.
App. Ist Cir. 1982).
I, LAW AND ARGUMENT
The City administration appears to be itevocably set on completely demolishing
Fairgrounds Field and it appears to be attempting to do so as quickly as possible. Perhaps its pace
is related to the growing public opposition to the demolition, and it seeks to render the public
debate moot, However, the City’s haste to raze the stadium has created a serious public health
issue. The public health considerations in the City’s efforts to demolish Fairgrounds Field appear
to be an afterthought, ifit has given any consideration at all to the subject. In fact, as will be shown
at the trial of this matter, the City’s original request for bids does not even define a “scope of work”
‘until page forty five (45) of a forty five page document and then defines the demolition project in
its entirety in three vague sentences, The contract itself, granted to Henderson Construction
Services, Inc (“Henderson”), fails to define a scope of work at all, except to say that it for the
demolition of Fairgrounds Field. The City gave no thought at all in either of these controlling
instruments to the fact, well known to the City, that 1) the stadium had been home to a large colony
of bats for many years; 2) the bats, over the years left layer after layer of bat guano throughout the
facility which was readily apparent to anyone who went there; and, 3) bat guano is a breeding
Page 5 of 9
Peete
reer ground for histoplasmosis, a dangerous respiratory disease for humans, which, can be spread when
its spores are released into the air by a disturbance of the dried guano dust.
After the contract was awarded to Henderson (at the lowest bid, which, at approximately
280,000 was considerably lower than any other bid), it occurred to someone that something needed
to be done about the bats. So the contract was “adjusted” to add $192,000.00 for “bat removal and
guano cleanup”. The City did nothing to define what such services would consist of or what sort
of methodologies would suffice to accomplish these tasks. Even at this point, nothing was said by
the City nor required in its documents with respect to sanitizing and disinfecting and disposing of
the histoplasmosis bearing elements of the stadium, a process called “histoplasmosis
remediation.”,
‘The demolition contract was awarded to Henderson, a small, family owned operé
mm,
which plaintiffs believe the evidence will show had little experience in a project of this nature,
(See Exhibits “C” and “D”). The bat removal sub-contract was awarded to Perault’s Nuisance
Wildlife Control, L.L.C. (“Perault’s”). A copy of Perault’s website, which describes its history and
services is annexed hereto as Exhibit “F”. Perault’s removal of bats, beginning on or about August
22, 2022, was covered by local news media; and, Perault’s owner deseribed his services and the
process of capturing and releasing the bats several miles away. At the trial of this matter, video
will be shown of Perault’s activities in doing at least some guano removal, with his employees
utilizing full facial breathing filters and ‘space suits, in recognition of the recognized and
acknowledged dangers in disturbing guano deposits during a removal process.
Plaintiffs became aware that the actual demolition process consisting of use of a wrecking
ball and/ or other pulverizing techniques would begin on or about September 26, 2022, with the
chunks so pulverized being placed in an industrial concrete grinder, a process which is notorious
for creating clouds of particulate matter which can cover surfaces for blocks away with residue
from the progess, During the prior week of September 19, 2022, Kevin Koski, a person who has
long familiarity with the bat infestation at Fairgrounds Field and almost twenty years’ experience
exclusively in bat removal and histoplasmo:
remediation, spent three days observing the
conditions at the site and concluded that 1)
likely that the bats have either retuned or a new
infestation has begun; and, 2) there remains very substantial deposits of guano which have never
Page 6 of 9 been removed or properly remediated. (See Exhibit “E”). Mr. Koski and Plaintiffs are very
concerned that the demolition planed for the facilities is a recipe for a substantial public health risk
for neighborhoods adjoining Fairgrounds Ficld and for the those who will set up and prepare the
area for the Louisiana State Fair, for Fair attendees, and others who use the Fairgrounds, including
school children. Plaintiffs include individuals who are obligated to be on the Fairgrounds pret
s
during the week of September 26, 2022, and thereafter through the conclusion of that function and
will be directly impacted by this risk. These plaintiffs also supervise the activities of others who
must be present for the fair and they feel ethical responsibilities to those subordinates. According
to Chris Giordano, State Fair Director, average state fair attendance is between 375,00 and 450,000
people, depending on the weather.
Weather is another aspect of Plaintiffs concerns. The fall in Louisiana is frequently dry and
there has been litile or no rain in the Shreveport area for the last few weeks. National Weather
Service forecasts for the next two weeks appear to continue this trend, The Fairgrounds are dusty
and dry and will remain so, Plaintiffs do not purport to be meteorologists nor public health experts,
but can sce that the release of dry, dusty particulate matter into the atmosphere under these
conditions could facilitate the spread of histoplasmosis ladened dust to areas for blocks
surrounding the Fairgrounds Field at a time when it will be teeming with people,
When confronted with conduct whereby the actions of a defendant threaten serious damage
to the health and safety of others, a court is fully empowered to grant injunctive relief. In this case,
injunctive reliefis available both because (1) the release of dangerous or noxious fumes, pollutants
or effluents from the property of landowner endangers the heaith and safety of its neighbors and
is deemed “irreparable harm” pursuant to La. C.C, art 667; and, (2) because the release or discharge
of any substance which endangers or could endanger public health is criminal conduct pursuant to
La. RS. 30:2025(F)
The Louisiana Air Control Law, La. R.S. 30:2051, et seg., defines a “Toxic Air
Pollutant” as “an air pollutant which based on scientifically accepted data, is known to cause or
can reasonably be expected to cause either directly or indirectly through ambient concentrations ,
exposure levels, bioaccumulation levels or deposition levels, adverse effects in humans...
including but not limited to (iv) acute health effects.” La. R.S.30:2053(3)(a) (emphasis added).
Page 7 of 9
Pa ae
¢ ‘The releases here plainly fit the definition of Toxic Air Pollutant, as discussed above and as will
be shown at trial. A violation of the Louisiana Air Control Law is al conduet, as La. R.S.
30:2025(F)(1) “clearly provides criminal penalties for ‘Any person who willfully or knowingly
discharges, emits or disposes of nay substance. ..when the substance is one that endangers or could
endanger human life or health.” State v. Hair, 2000-2694 (La. 5/15/01) 784 So. 2d 1269, 1275-76.
Where the conduct sought to be restrained is unlawful, a showing or irreparable injury is not
required for the issuance of an injunction. Ouachita Parish Police Jury v American Waste and
Pollution Control Co., 606 So. 2d 1341, 1350 (La. App. 2d Cir. 1992 ) (“The jurisprudence firmly
establishes that when the conduct is illegal, a showing of irreparable injury is not required.
Additionally, traditional civilian “nuisance” principles applied pursuant to La. C.C, arts.
667 and 669 treat the release of emissions, smoke, odors, noise, vapors or effluents in such a
‘manner as to interfere with a neighbor's enjoyment of property rights, or endanger the health and
safety of the neighbors, constitutes irreparable injury and injunctive relief. See e.g., Parish of East
Feliciana v Guidry, 2004-1197 (La. App. Ist Cir. 8/10/05) 923 So. 2d 45 (collecting cases);
McCastle, 415 So. 2d 515 (injunction against nauseous odors); Rayborn v. Smiley, 324 So. 24 514
(La. App. Ist Cir. 1975) (odors creating health hazard).
IV, CONCLUSION AND PRAYER FOR RELIEF
‘The affidavit of Kevin Koski (Exhibit “E”) reflects that after the completion of the “guano
emoval” by contractors at Fairgrounds Field, substantial guano deposit remain and are visible by
inspection from the outside of the facility, without direct access to demolition project. Mr. Koski
is also of the opinion that bats have returned to the facility and are seeking to recolonize the remains
of the structure. Large bat guano deposits are associated with dangerous public health risks. In the
area immediately adjacent to the Fairgrounds Filed large numbers of people are present and
residences are nearby. Plaintiffs are informed that large numbers of school children use the State
Fairgrounds parking lot adjacent to Fairgrounds Field each school day. State Fair officials have
already begun work preparing the State Fairgrounds for the annual fair, which starts October 27,
2022, and anticipates in excess of 350,000 visitors.
The next phase of the demolition contemplates the use of a wrecking ball and an industrial
‘cement grinder, both of which pulverize existing structures into particulate matter scattered in the
Page 8 of 9
3
<
sitepenuanieveusouenia dry, dusty air, with the resultant residue deposited for blocks in the surrounding area. If these
particles are ladened with histoplasmosis spores, a clear an immediate public health danger exists.
Plaintiffs seek modest relief: they seek a stay of further demolition until the City can '
demonstrate that the demolition can proceed without a material risk to public health.
The injunction should be granted
BY:
Jerald R-Harpef, La. Bar No. 6585 '
[email protected]
Anne E. Wilkes, La. Bar No. 36729
[email protected]
213 Texas Street
Shreveport, Louisiana 71101
(318) 213-8800 [telephone]
(318) 213-8804 [facsimile]
ATTORNEYS FOR PETITIONERS
Page 9 of 9 Histoplasmosis | Types of Diseases | Fungal Diseases haps /wvw.ede-gov/fungal/diseases/istoplasmosisindex biml
Histoplasmosis | Types of Diseases | Fungal Diseases
Histoplasmosis is an infection caused by a fungus called Histoplasma. The fungus lives in te environment, particulaly
soil that contains large amounts of bird or bat droppings. In the United Stats, Histoplasma mainly lives inthe central
and eastem states, especially areas around the Ohio and Mississippi River valleys. The fungus also lives in parts of|
Central and South America, Africa, Asia, and Australia,
People can get histoplasmosis after breathing in the microscopic fungal spores from the air. Although most people who
breathe in the spores don’t get sick, those who do may have a fever, cough, and fatigue. Many people who get
histoplasmosis will got bert on their own without medication, but in some people, such as those who have weakened
immune systems, the infection can become severe.
:
Voft 972612022, 2:53 PM About Histoplasmosis | Types of Diseases | Histoplasmosis | Fungal Disease hitps:/www.ede.gov/fungaldiseses/histoplasmoss/definition hem
About Histoplasmosis | Types of Diseases | Histoplasmosis
| Fungal Disease
Medical illustration of Histoplasma.
Histoplasmosis is an infection caused by the fungus Histoplasma. The fungus lives in the environment,
particularly in soil that contains large amounts of bird or bat droppings. In the United States, Histoplasma
‘mainly lives in soil in the central and eastern states, especially areas around the Ohio and Mississippi River
valleys. The fungus also lives in parts of Central and South America, 2 Africa, 3 Asia, ¢ and Australia. 5
People can get histoplasmosis after breathing in the microscopic fungal spores from the air, often after
participating in activities that disturb the soil. Although most people who breathe in the spores don’t get sick,
those who do may have a fever, cough, and fatigue. Many people who get sick will get better on their own
without medication. In some people, such as those who have weakened immune systems, the infection can
‘become severe, especially if it spreads from the lungs to other organs.
Loft 9/26/2022, 2:53 PM Symptoms of Histoplasmosis | Types of Diseases | Histoplasmosis | Fun ‘ttps:/wrw.cde.gov/fungal/diseases/histoplasmosis/symptoms.htm
Symptoms of Histoplasmosis | Types of Diseases | Histoplasmosis |
Fungal Disease
Fever is a common symptom of histoplasmosis.
‘Most people who are exposed to the fungus Histoplasma never have symptoms. Other people may have symptoms that go
away on their own.
‘Symptoms of histoplasmosis include: ?
+ Fever
+ Cough
+ Fatigue (extreme tiredness)
+ chills
‘+ Headache
* Chest pain
+ Body aches
How soon do the symptoms of histoplasmosis appear?
‘Symptoms of histoplasmosis may appear between 3 and 17 days after a person breathes in the fungal spores.
How long do the symptoms of histoplasmosis last?
For most peopl, the symptoms of histoplasmosis will go away within afew weeks toa month.? However, some people have
‘symptoms that lastIonger than ths, especially ithe infection becomes severe.
Severe histoplasmosis
In some peopl, usually those who have weakened immune systems, histoplasmosis can develop into aTong-term lung
infection, or it can spread from the lungs to other parts of the body, such as the central nervous system (the brain and spina
cord).3
Loft 9/26/2022, 2:54 PM Histoplasmosis Risk & Prevention | Types of Diseases | Histoplasmosis https:/iwww.cde gov/fungal/discases/histoplasmosis/risk-prevention htm
Loft
Histoplasmosis Risk & Prevention | Types of Diseases |
Histoplasmosis | Fungal Disease
Who gets histoplasmosis?
Anyone can get histoplasmosis if they've been in an area where Histoplasma lives in the environment, Histoplasmosis is
‘often associated with activities that disturb soil, particularly soil that contains bird or bat droppings. Certain groups of people
are at higher risk for developing the severe forms of histoplasmosis:
+ People who have weakened immune systems, fo example, people who:
© Have HIV/AIDS 1-2
o Have had an organ transplant 2"?
© Are taking medications such as corticosteroids or TNF-inhibitors
+ Infants 5
+ Adults aged 55 and older ®
Is histoplasmosis contagious?
No. Histoplasmosis can't spread from the lungs between people or between people and animals. However, in extremely rare
‘eases, the infection ean.be passed through an organ transplant with an infected organ. 7
If ve already had histoplasmosis, could I get it again?
It's possible for someone who's already had histoplasmosis to get it again, but the body's immune system usually provides
‘some partial protection so that the infection is less severe the second time. In people who have weakened immune systems,
histoplasmosis can remain hidden in the body for months or years and then cause symptoms later (also called a relapse of
Can my pets get histoplasmosis?
‘Yes. Pets, particularly cats, can get histoplasmosis, but it is not contagious between animals and people. Histoplasmosis in
cats and dogs is similar to histoplasmosis in humans. Like humans, many cats and dogs that are exposed to Histoplasma
never get sick. Cats and dogs that do develop symptoms often have symptoms that include coughing, lack of energy, and
weight loss. The fungus that causes histoplasmosis grows well in soil that contains bird droppings, but birds don't appear to
bbe able to get histoplasmosis. If you're concerned about your pet's risk of getting histoplasmosis or ifyou think that your pet
hhas histoplasmosis, please taik to a veterinarian.
How can I prevent histoplasmosis?
Itcan be difficult to avoid breathing in Histoplasma in areas where it’s common in the environment. In areas where
Histoplasma is known to live, people who have weakened immune systems (for example, by HIV/AIDS, an organ transplant,
‘or medications such as corticosteroids or TNF-inhibitors) should avoid doing activities that are known to be associated with
getting histoplasmosis, including: 32
+ Disturbing material (for example, di
+ Cleaning chicken coops
+ Exploring caves
‘+ Cleaning, remodeling, or tearing down old buildings
ng in soil or chopping wood) where there are bird or bat droppings
Large amounts of bird or bat droppings should be cleaned up by professional companies that specialize in the removal of
hazardous waste. Before starting a job or activity where there's a possibility of being exposed to Histoplasma, consult the
document Occupational Histoplasmosis: Epidemiology and Prevention Measures (nih.gov)external icon.
‘What are public health agencies doing about histoplasmosis?
+ Surveillance. In some states, healthcare providers and laboratories are required to report histoplasmosis cases to
public health authorities. Disease reporting helps government officials and healthcare providers understand how and
Why outbreaks occur and allows them to monitor trends in the number of histoplasmosis cases.
+ Developing better diagnostic tools. The symptoms of histoplasmosis can be similar to those of other respiratory
diseases. Faster, more reliable methods to diagnosis histoplasmosis are in development, which could help minimize
{delays in treatment, save money and resources looking for other diagnoses, and reduce unnecessary treatment for other
suspected illnesses.
+ Building laboratory capacity. Equipping laboratories in Latin America to be able to diagnose histoplasmosis and
perform laboratory-based surveillance will help reduce the burden of HIV-associated histoplasmosis in these areas
9726/2022, 2:54 PM. Seurces of Htplsmsri|Typer of Denes | Hise Fungal Due |COC peas govlingaleeecitplsmossenees a
ot
St Tenn
Fungal Diseases
Where Histoplasmosis Comes From
Where does Histoplasma live?
Histoplosme, the fungus that causes histoplasmosis, ves throughout the World, but i's most common in North America and
Central America. In the United States, Histoplasma mainly lives in sol inthe central and eastern states, particularly areas
around the Ohio and Mississippi River Valleys, but it can likely liven other parts of the country as well.? The fungus also lives
inpparts of Central and South America,” Africa,“ Asia, and Australia, ¢
These maps show CDC's current estimate of where the fungi that cause histoplasmosis live in the environment. These fungi
are not distributed eveniy nthe shaded areas, might not be present everywhere in the shaded areas, and can also be outside
the shaded areas. Darker shading shows areas where Histoplasmais more likely to live. Diagonal shading shows the potential
range of Histoplasma.
More histoplasmosis maps,
Estimated areas with histoplasmosis in the United States
Learn more about this map [9 [PDF - 2.60 MB]
ris
saanena, 23 pew ed: govlingulieaseshioplsmossenses int
Range
Sources of Wstoplasmosis Types of Dees | Miter Fang Due [CDC
Pe
He
Estimated areas with histoplasmosis worldwide
Learn more about this map (4
ase
Life cycle of Histoplasma :
Histoplasma spores circulate in the air after contaminated soil is disturbed. The spores are too small to see without a
‘microscope. When people breathe in the spores, they are at risk for developing histoplasmosis. After the spores enter the
lungs, the person's body temperature allows the spores to transform into yeast. The yeast can then travel to lymph nodes and
‘can spread to other parts of the body through the bloodstream.
Click here for the POF version of image for printing [POF - 248 KB).
Biology of Histoplasmosis
References
1. Manos NE, Ferebee SH, Kerschbaurn WF. Geographic variation in the prevalence of histoplasrnin sensitivity (4 . Dis
Chest. 1956 Jun;29(6):649-68,
2. CDC. Histoplasmosis in a state where itis not known to be endemic-Montana, 2012-2013. MMWR Morb Mortal Wkly
Rep, 2013 Oct 25;62(42):834-7,
203 saaaez2.2 460M “Source of Hioplemods peso Dene | iano] Fungal Diese [COC phew de goregaenesniplamenieames
3. Colombo AL, Tobon A. Restrepo A, Queiroz-Telles F, Nucci M, Epidemiology of endemic systemic fungal infections in
Latin America [% . Med Mycol. 2011 Nov:49(8):785-98,
4, Loulergue P, Bastides F, Baudouin V, Chandenier J, Mariani-Kurkdjian P, Dupont B, et al. Literature review and case
histories of Histoplasma capsulatum duboistinfections in HIV-infected patients [4 . Emerg infect Dis. 2007
Now13(11:1647-52.
5. Chakrabarti A, Slavin MA, Endemic fungal infections in the Asia-Pacific region [ . Med Mycol. 2011 May,49(4):337-44
6. McLeod DS, Mortimer RH, Perry-Keene DA, Allworth A, Woods ML, Perry-Keene|, et al Histoplasmosis in Australia:
report of 16 cases and literature review [4 . Medicine, 2011 Jan:90(1)618
Salvo A. The role of bats in the ecology of Histoplasma capsulatum. In: Allo LCE, Furcolow MAL, editors.
Histoplasmosis: proceedings ofthe second national conference; 1971; Springfield IL; 1971. p. 149-61.
2
Page ast reviewed: january 14,2021
eta a2, 256° ‘Treatment for Histoplasmosis | Types of Diseases | Histoplasmosis | Fun. hips: cde gov/fungal/diseases/histoplasmosis/reatment html
Treatment for Histoplasmosis | Types of
Diseases | Histoplasmosis | Fungal Disease
How is histoplasmosis treated?
For some people, the symptoms of histoplasmosis will go away without treatment.
However, prescription antifungal medication is needed to treat severe
histoplasmosis in the lungs, chronic histoplasmosis, and infections that have spread ;
from the lungs to other parts of the body (disseminated histoplasmosis). é
Itraconazole is one type of antifungal medication that’s commonly used to treat
histoplasmosis. Depending on the severity of the infection and the person's immune
status, the course of treatment can range from 3 months to 1 year.
Ifyou are a healthcare provider, click here to see the Infectious Diseases Society of
America’s Clinjcal Practice Guidelines for the Management of Patients with
Loft 9126/2022, 2:56 PM isopasmesis Stasis | Types of Disses | Htphmosis| Fungal Daze | CDC haps a goufngnesensevhioplasmesisetses tt
A ini or Pwo
Gg sess
DIG eae ePseicn
Fungal Diseases
Histoplasmosis Statistics
How common is histoplasmosis?
In the United States, an estimated 60% to 90% of people who live in areas surrounding the Ohio and Mississippi River
Valleys (where Histoplasma is common in the environment) have been exposed to the fungus at some point during their ‘
lifetime." One study calculated the incidence of histoplasmosis in adults aged 65 years and older in the US. to be 3.4 ‘
«ases per 100,000 population. Rates were highest in the Midwest, with an estimated 6.1 cases per 100,000 population, :
in 12 states for which histoplasmosis survellance data were available during 2011-2014, state-specific annual incidence '
rates ranged from 0 to 4.3 cases per 100,000 population, and average county.level incidence ranged from 0 to 39 cases ‘
‘
'
per 100,000 population,?
Worldwide, histoplasmosis is most common among people who have HIVIAIDS or a weakened Immune system for
‘another reason. It's especially a problem in areas of the world where antiretroviral therapy (ART) is not widely available,
because ART helps keep HIV-infected people from reaching the stage where they are most vulnerable to histoplasmosis,
‘and other opportunistic infections. In Latin America, for example, histoplasmosis is one of the most common
‘opportunistic infections among people ving with HIV, and approximately 30% of HIV/AIDS patients diagnosed with
histoplasmosis die from it.*
Public health surveillance for histoplasmosis.
Histoplasmosis is reportable in certain states. Check with your local, state, or territorial public health department for
‘more information about disease reporting requirements and procedures in your area.
Histoplasmosis outbreaks
Although most cases of histoplasmosis are not associated with outbreaks, histoplasmosis outbreaks linked to a common
source do occasionally occur. § Common-source histoplasmosis outbreaks often involve activities that disrupt soil,
especially sil that contains bird or bat droppings. Examples of these types of activities include: construction, ” renovation,
“exploring caves,” tiling soil, ® and cleaning up bird roosting sites. "Ifyou live in an area where Histoplasma is common
in the environment, contact your local or state health department for the most up-to-date information about outbreaks.
Deaths due to histoplasmosis
One study of patients who were hospitalized for histoplasmosis in the U.S. estimated the crude mortality rate to be
approximately 5% for children and 8% for adults."® Another study found a six-month mortality rate of 4% among patients
with symptomatic histoplasmosis."2 The overall mortality rate for histoplasmosis is likely lower than these estimates
because these studies did not include patients who had less severe forms of the infection.
References
1, Manos NE, Ferebee SH, Kerschbaum WF. Geographic variation in the prevalence of histoplasmin sensitivity (4 , Dis,
CChest. 1956 Jun;25(6):649-68,
2. Baddley W, Winthrop KL, Patkar NM, Delzell E, Beukelman T, Xie F, etal. Geographic distribution of endemic fungal
Infections among older persons, United States (4 . Emerg infect Dis. 2011 Sep;17(9):1664-9,
3. Armstrong PA, Jackson BR, Haselow D, Fields V, Ireland M, Austin C, et al. Multistate epidemiology of histoplasmosis,
United States, 2011-2014, Emerg Infect Dis. 2018 Mar:24(3):425-31.
sore nsn022,236°M Hutte Staite Type of Diseaet| Histol Fung Diese |CDC opsiancede govfngeMsnserhinoplmesitnists bt
+4, Haddad NE, Powderly WG. The changing face of mycoses in patients with HIV/AIDS [3 . AIDS Read 2001;11:365-8, 75-8.
5. Colombo AL, Tobon A, Restrepo A, Queiroz-TellesF, Nucci M. Epidemiology of endemic systemic fungal infections in
Latin America [3 . Med Mycol. 2011 Nov;49(8): 785-98.
6. Benedict K Mody RK. Epidemiology of histoplasmosis outbreaks, United States, 1938-2013 [4 . Emerg infect Dis
2016722
7. Wheat Uj, Slama TG, Eitzen HE, Kohler RB, French MLY, Biesecker JL. A large urban outbreak of histoplasmosis: clinical
features [4 . Ann Intern Med. 1981;94(3):331-
8. CDC. Outbreak of histoplasmosis among travelers returning from El Salvador-Pennsyivania and Virginia, 2008. MMWR.
2008 Dec 19;57(50):1349-53,
9. Lyon GM, Bravo AV, Espino A, Lindsley MD, Gutierrez RE, Rodriguez |, etal Histoplasmosis associated with exploring a
batinhabited cave in Costa Rica, 1998-1999 [j .Am J Trop Med Hyg. 2004 Apr. 70(4)438-82.
10. Brodsky AL, Gregg MB, Loewenstein MS, Kaufman L, Malison GF. Outbreak of histoplasmosis associated withthe 1970
Earth Day activities (% . Am Med. 1973 Mar;54(3)333-42.
11. Chamany 5, Mirza SA Fleming ]W, Howell J, Lenhart SW, Mortimer VD, etal A large histoplasmosis outbreak among,
high schoo! students in indians, 2001 [ . Pediatr Infect Dis 2004 Oct:23(10):908-14
12. Chu, Feudtner , Heydon K, Walsh T),Zaoutis TE. Hospitalizations for endemic mycoses: a population-based
national study C3 . Clin infect Dis. 2006 Mar 15:4216)822-5,
13.Ledtke C, Tomford|W, jan A, lsada CM, van Duin D.Clnieal presentation and management of histoplasmosis in older
_aduls (4 .J Am Geriatr Soc. 2012 Feb:60(2):265-70.
age las reviewed: May 22,2020
¢
'
rent sasne22, 256M Bat Guano In Attics And Crawlspaces
Information provided by the Louisiana Office of Public Health
Gary A. Balsamo, DVM, MPH, State Public Health Veterinarian
The presence of bat guano in an attic or crawlspace can cause a serious health risk for
homeowners or occupants of other types of buildings. The problem begins when dried bat
‘uano is disturbed and "bat guano dust” is created in an attic. When these microscopic spores
from the dried bat guano are inhaled by humans they can cause a serious respiratory disease
called histoplasmosis*.
Sometimes, we disturb the dirt (cleaning up the garden, sweeping out the empty building, or
doing other seemingly harmless dirty work), causing the spores to become airborne. When we
breathe that air, we then become infected with the histoplasmosis fungus and the real trouble.
begins.
PRECAUTIONS:
© Spray a mist of water over contaminated sites if you have to work there. This will help to
keep down the dust (and any spores in the dust). ‘
‘Ifyou must work around a contaminated area, wear disposable clothing and specially
designed face masks that can filter particulate matter of 1 milli-micron (1 mu) in
diameter.
© Keep bats and birds from nesting in areas in buildings such as barns, and in your house
attic, crawlspace or eaves.
* Note that you may have to have your home or building cleared of bats and/or bird
roosts. If that is the case, it is best to have a company specializing in bat control do this.
They will know the proper ways to control the spores and have appropriate clothing and
equipment to minimize the risk of getting or spreading the disease.
For more on histoplasmosis visit the Centers for Disease Control and Prevention website
(ntto://www.ede:gov/funy se: findex.html).
\euisana Offer of Public Heath ~ Infectious Deas Eldemiology Section Pugetet2
Pata Ihave scattered droppings in my attic. Is it safe to vacuum them up?
Scattered bat droppings (guano) do not pose a risk and can be safely swept up or vacuumed. Of
course - the dust often found in attics may be an irritant, and you might be wise to wear a dust
mask - there is very little risk of histoplasmosis. It is when the guano starts to accumulate and
pile up that the fungus that causes histoplasmosis can grow and develop spores.
‘When bat control professionals clean up these droppings, they use industrial vacuums with
special high-efficiency filters that reduce the risk to the worker. Even then, the experts don.
protective clothing and air masks to avoid breathing the spores.
Ihave a pile of bat droppings in the corner of my attic that is 8 Inches deep.
Is it okay to be in the house?
Generally, there is no problem if the droppings are not disturbed, or if the air vents do not pull
up air from that area. However, you should have an expert determine your risk factors in this
case,
had bats living in my wall. Now I have a smell. Is it safe to breathe the air?
While breathing the air may not be pleasant, you should not have problems associated with
histoplasmosis. However, be aware that bats may carry bat mites, fleas, and other insects, and
they are likely to find a way into your living area. Also, if a bat is trapped, it may die, and the
smell of the decomposing bat, as well as the guano, may be very unpleasant, tt is best to have
the bats removed as quickly as possible.
Before you handle bat droppings, put on a mask to cover your nose and mouth and use
disposable gloves. it is best to use the hose and water method. How do you know they are bat
droppings?
If you like bats, putting up a bat house or shelter away from the dwelling might move them
away from your front porch.
‘Though bat guano has been sold as a fertilizer and can be useful in some situations, bat
droppings are also a major breeding ground for histoplasmesis. Histoplasmosis is a fungal
disease contracted through airborne spores in bat droppings. Histoplasmosis symptoms may be
anything from a mild influenza to blood abnormalities and fever, or even death. An eye
condition has been linked to the bat disease histoplasmosis and can lead to blindness in those
who contract it.
Loudsana Offi of Pub Health Infectious Disease Eplemlstogy Secon Page 202 Berl
CONTRACT
Slate of Louisiana, Parish of Caddo
+ a
This Contract Agreement made and entered ntotnis_)'7*” day o_Cane.__, 20.2.2, by ond
between the Cty of Shreveport, Lousiana, through is Mayor There unfo duy authorized to do so, Party of tha First Pert,
‘and _ Henderson Construction Seivioss, inc, Contractor, Panty ofthe Second Part.
WITNESSETH:
1.0 Above contractor has pald all taxes, licenses, fees and other charges which are outstanding and due the city,
29 Including any property which is adjudicated to the city or which has demeiltion lens, grass cutting lens, or any
‘ther property standards ens on itandior,
30 Dees not awn more then 25% of a legal entity that owns any property which is adjudicated to the ely or which has
demolition liens, grass cutting liens, or any other property standards lens on it
40 For purposes of this section, Own shall mean to be the last record owner of property prior to @ tax sale of
‘adjudication,
30 Bide/proposats will not be accepted from or contract awarded (o any person, firm, or corporations which have at
‘any time failed to execute a contract that has been awarded to them by the Cily, or which is in arvears to the City
upon debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City,
60 That the said Party of the Second Part has agreed, and by these presents does agree with the said Party of the
First Part, for the consideration hereinafter mentioned, to furnish at its own proper cost and expense; all
‘necessary material and labor and equipment of every description and to camry out and complete in good form, fm
‘and substantial manner, the improvements on;
16B22-014 Demolition of Fair Grounds Fieid Stadium,
¢
4
7.9 In accordance with plans end specifications and profes on file in the Office of SPAR Planning & Development,
hereby made pat ofthis Contract by inference, subject to the changes 8s'may be made from time to time by the
Finance Department and SPAR Planning and Development of sald City, and at the following lump sum price, to-
wit
7 LLARS AND.
18290,308.00)
80 None of the funds provided by the City pursuant to any agreement arising from this solicitation are to be used for
‘any partisan or poltcal activity to further the election or defeat of any candidate for publle office or to further the
approval or defeat of any referendum,
10.0 tis hereby agreed that everything hereto. agreed upon shall be strongly bound with this instrument, and form an
‘essential part of this agreement including Appendix A - Equal Employment Opportunity Clause, Appendix B -
Affidavit form, Appendix C - Ten Percent Two-Year Mainienance Bond, Appendix D - Fify Percent Payment
‘Bond, Appendix E - One Hundred Percent Performance Bond and Appendix F - Resolution Board of Directors,
attached hereto and made a part hereof,
110 Final acceptance is not made until the entire project is completed to the satisfaction of SPAR Planning and
Development and full and final payment will be made by the City of Shreveport, based upon the completed work
as verified by the City Architect
120 The Contractor does hereby convey, sell, assign and transfer to the City of Shreveport, Louisiana and any and
allright. tile and interest in and to ali causes of action it may now or hereafter acquire under the anttrust laws of
‘the United States and the State of Louisiana, relating oF pertaining to the particular goods or services purchased
or acquired by the City of Shreveport, Louisiana; pursuant to this contract.
130 As additional consideration for this Contract, Contractor hereby agrees to waive the provisions af Act No. 602 of
Paget of 3 Mo
160
180
180
190
210
zo
230
20
1975 of the Louisiana Legislature, LA R.S. 9:2773, and the parties hereto agree that none of the provisions of
the said Act 602 of 1975 are to have any force and effect whatsoever on the legal relationship between the
parties hereto.
Pursuant to La, R.S. 9:2778, the Agreement/Contract and its enforcement shall be governed by the laws of the
State of Louisiana, without reference to conflict of law provisions that may refer the resolulion of such dispute to
laws of another state for decision,
In accotdancé with La. R.S.9:2776, the venue of any itigation arising under the Agreement/Contract shall be in
the First Judicial Caddo District Court, Caddo Parish, Louisiana or the United States District Court for the
Western District of Louisiana. The City shall not be obligated to pay for unsatisfactory work.
Ariicle Xi, Section 10 of the Louisiana Constitution provides, ‘no public property or public funds shall be subject
to seizure.”
Pursuant to City of Shreveport Code of Ordinances, Ch. 26, Art VI., Div. 1, See. 26-217, the following provisions
shall be included in every written contract to which the CITY is a party
+ COMPANY agrees fo maintain financial records pertaining to all matters relative to the AGREEMENT in
accordance with standard accounting principles and procedures and relzin all ofits records and support
documentation applicable to the AGREEMENT for a period of tree (2) years, except that records that sre
subject to audit findings shal be retained for three (3) years after such findings have been resolved, and,
+ COMPANY shall permit the audit, by the CITY or its designated representative, of al its records relative to
the AGREEMENT at any ime upon such notice as specified therein
+ IFCOMPANY is not located within Caddo or Bossier Parish, in the event of an audit COMPANY shall detver
the records or have the records delivered to the CITY'S designated representative at an address designated
by the CITY within the City of Shreveport. if the CITY'S designated representative finds the records
alivered to be incomplete the COMPANY shall pay the CITY'S representative's costs to tavel to the
COMPANY'S offies to audit or retrieve the complete records,
Pursuant to Shreveport City Code Sec. 26-219 the Purchasing Agent shall request and obiain information
pursuant to City Code Sec, 26-218(c) prior to making payment.to the COMPANY, contractor or vender.
Any provision of the Agreement/Contract which allows COMPANY fo charge amounts in excess of those
‘specifically stated in Agreement/Contract shall apply only when COMPANY has notified City in advance before
the work is donelcharges incurred that such work or circumstances will result in increased charges, and the
‘amount thereof, and Cy has agreed in writing to the maximum almount of additional charges.
All AgreementiGontract changes or revisions shal be in writing and signed by all parties. Verbal agreements are
not enforceable.
‘Any requirements of confidentiality contained In the AgreemenContract are subject to the Public Records Law
(La. RS. 44:1.1, et 9eq,) of the State of Louisiana,
COMPANY agrees to indemnify, release, defend, and.hold Gity, and all of its members, officers, agents and
‘employees, harmless of and from any and all tabilly, claims, demands, suits, or cause(s) of action which may
arise out of or result from, the negligent acts, errors or omissions, or wilful misconduct of COMPANY in
‘connection with the Agreemen’Contract.
In the event any provision or tem of the Agreement/Contract or this Attachment is held invalid or unenforceable
by any cour, such invalidity shall not affect other provisions or items of the Agreemen/Contract which can be
given effect without the invalid provisions or items, and to this end, the provisions of the AgreementGontract are
hereby declared severable.
All work under this agreoment shall be comploted and submitted for final acceptance within 96
consecutive calendar days from the time so fixed for the Contractor to begin.
This Agreement, including 1FB 22-044, the City’s Standard Solicitation Provisions/Instructions to Bidders (Section
10) and General Contract Clauses (Section 20), THE FAIR SHARE PROGRAM FULL TEXT (Section 40), and all
‘addenda issued by the City, contains all the terms and conditions agreed upon by the parties, No other
‘agreements, oral or otherwise, regarding the subject matter ofthis Agreement shall be deemed to exist or to bind
Page 2 0f 3 cither party hereto.
260 ° The Contractor understands and agrees that he/she is required to have the original signed contract with all
‘bonds recorded by the clerk of court atthe parish court house.
0 IN, WIINESS WHEREOF, the pari have caused itis Agrooment to be executed by ther duly
hereto
authorized respective officers on the date written below:
Contractor: Henderson Construction Services, | Witnesses for the Contractor:
Inc.
Contractors Signature: 4
Signature (typed/printed)
tite: THsidimd-
Email Address: (yncye4o @ .
Federal Employer LD. Number: 72-/U/)57 37,
Emergency Numbor(s): (318) US 3-140
Mobile Number: (315)
‘Adrian PetKins, Mayor
vate: (,/27/
Page 3 of 3 BAIA Document G701' - 2001
Change Order
PROIEGT ame and alive ‘HAONGE ORDER MONBER: 007 ‘OWNER:
‘Demolition ofthe Foicgrounds Field DATE: July 14,2022 sROHTECT: BQ
Stdiun
Shreveport LA ‘CONTRACTOR: 5
TOCONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: IFB 22- Feo:
Fendeson Consuicon Series toe. _ CONTRACTDATE: une 27,2022 omer:
208W 70h Sues vs
See ‘CONTRACT FOR: Desli
‘THE CONTRACTS CHANGED AS FOLLOWS:
(clude, where cppitabie, any undliputed amount atrtbutable o previouty executed Construction Change Directives)
1, Remove Bats from the stadium and provide bat gauno clean up.
‘Total Change Order Add - $192,500.00
‘The original Contract Sum wes 23030600
3
‘The net change by previously autocted Change Ordere $ 2.00
‘The Contract Sum prior this Change Order wat $0306.00
5
’
‘The Contact Sum wil be inrenced by this Change Order in the amount of 182,500.60
‘The new Contract Sum including this Cage Order willbe "472,306.00
‘The Contract Time will be unchanged by Zero (00) days.
‘The date of Substantial Completion es ofthe dum of this Change Order therefare is Unchanged.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximurn Price which
hhave been authorized by Construction Change Directive uni the cost ard time beve been agreed upon by both the Owner and
‘Contractor, in which ease a Change Order is executed to supersede the Copstruction Change Directive
[NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER,
Henderson Constroction Service, Ine Gy of
EOHTRAGTOR naa) GRIER (nana)
208 7m Steet S0s Ti Stet
Sororepr, LA 7106 Stoops EA T1101
Se, 308
Wester) mr
StotonHenderen Present san erin, Mayor
ped name) Binet
aly 14,2092, Jot p-22 v
ote ORE ane
‘Sx ocanat GH FO. Cope 17, 1708S 70] by ha Anatase Taian Agi aed Tg Soto
te eraren nt tamer seroncs ner ctee aereen Marna oe
122505 En ts nae rae No ZT 142008 vc epson VRSCEL. al rr, harand: ee ie
eer AA en curr Toot oP
1
©
r
¢ FRIENDS OF FAIRGROUNDS FIELD, — SUITNO.,
LLC, ETAL
FIRST JUDICIAL DISTRICT COURT
VERSUS
THE CITY OF SHREVEPORT AND
HENDERSON CONSTRUCTION CADDO PARISH, LOUISIANA
SERVICES, INC,
AFFIDAVIT OF KEVIN KOSKI, UNITED BAT CONTROL, INC.
STATE OF TEXAS f
COUNTY OF SMITH
BE IT KNOWN that before me, the undersigned Notary Public, personally came and
appeared,
KEVIN KOSKI
WHO, afer being duly swor, declared hat: '
.
1. Aliant provides this affidavit onthe bess of hs personal knowledge. ¢
2, Aliant is ofthe fll age of majority.
41. Affian is President of United Bat Control, In. (“United”) and has been principe end
chief operating office n that organization for alos twenty yeas
4. United has been engaged exclusively in the business of bat removel, guano removal and
histoplasmosis remediation for thiny years and Afliant has sefed personaly as project
manage andor chief oper
officer of United for almost twenty years, During tha time,
all or substantially alt of Affian’s professional time and attention has been in connection
‘with and in suppor of United
5. Upon initiating his association with United, Affiant received training from the principals
‘of United with respect to ba removal, bat guano removal, and remediation; end, since that
time, Affiant has sought to continue his education by reviewing industry papers in
connection with same.
6 United operates in twenty two stele and is licensed or permite in each of those sats a5
required by law
7. United devotes substantially all of its time and efforis on behalf of commercial snd
industial facilities nationwwe.
Page 1 of 3 8. Affiant has personally supervised projects for United on behalf of Halliburton, Dow
Chemical, ExxonMobil, numerous hospitals and medical centers, multiple school distrcs,
colleges and universities, VA Medical Centers and Food Processing Plants,
9, Affiant is personally familiar with the bt infestation and related guano deposit and
Iistoplasosis issues at Fairground Feld Shevepor, Louisiana,
10. Affiant personally inspected the Fairgrounds Field facility in June 2018, and conferred with
"epresenatives of Shreveport Parks and Recreation ("SPAR") in assessing the bat problems
at Feirgrounds filed, obtened access to all areas ofthe stadium and developed a
SPAR and the City.
n for
Late, in 2019, aliiant came to-Shreveport and conferred with members of the Shreveport
City Cen
1. In June 2022, in connection with the proposed demolition of Fairgrounds Feld, United
sulted a proposal o Henderson Constraction, Inc. for 1) bat removal; 2) guano removal:
and, and 3) histoplasmosis remediation, 2 copy of which is annexed hereto as Exhibit
“I, United was not selected to perform by Henderson Construction, Inc to perform these
services, choosing instead Perl's Nuisance Wildlife Cont nc. "Peraut).
13, Later, in September 2022, Affiant was asked by some concemed citizens in Shreveport to
assess the progress of the bat removal and any guano removal andlor histoplasmosis
remediation which may have occured
14, Affant visited Fairgrounds Field on September 20-23, 2022, and inspected the areas to
‘which he hai access. Due to ongoing demolition, Affant could not inspect a number of
areas ofthe stasium,
15. During this time, A‘fiant also researched publily availabe dat, including news stories
and video interviews of representatives of Perault who desvibed their activities onthe ste.
16, Affiant determined that the bat removal process used by Perault was one that is not
generally recognized
the industry as safe, humane and effective, and is one that was
developed by Persil. Perault’s process tapped live bats and retumed them to nature some
miles away from the site,
17 Affiant advised that i is widely knoven in the industry thot bats will return to a site of
‘origin, where the colony was established, if possible,
{, Affiant is ofthe opinion, based on observations made in September 20-23, 2022, that bats
ae likely stil present inthe stain, although he is unable to discern whether the curent
batinhabitanss are among the population removed by Pereut, whether they survived the
Peraultrexnoval process or whether tis is 2 new infestation,
Page 2 of3 19, Affint declared that there ae sil substantial deposits of guano inthe stadium which have
fever been removed and likely never treated, based upon his physical inspection and
Affiant believes that if he is given access tothe entre stadium area he is likely to find
substnttedtional guano deposits, 1
20, Fuinher Affiant sayeth not, ‘
eat. Venlo: |
KEVIN KOSKI
ao"
‘Sworn to and subscribed before me, Notary Public, this AY day of. 2022.
NOTARY PUBLIC
val
_ Notary #:_| i
Comission Expiration
SHAWALRY BERTON
oxary 1 1135766991
hay Cometson Expires
‘may 17,2026
Page 30f3 FAIR GROUNDS FIELD AND STADIUM
2901 PERSHING BLVD.
SHREVEPORT, LA 71109 Proposal number 20220601
: Project Summary
Prepared By:
Kevin Koski
‘Commercial Project Manager
United Bat Control inc.
318-408-2287 Ext. 50
[email protected]
United Bat Control Inc., proposes to implement a complete professional Bat
Abatement program for Fair Grounds Field Stadium in Shreveport, LA. We provide
visual and emergence inspections and survey reports, prior to the commencement
of services and during the exclusion process. UBC Inc., performs professional bat
proofing methods on any, and all exterior primary and non-primary entrances and
interior areas such as stairwells and bathrooms, corridors, where evidence of bat
activity has been duly noted. Additionally, we propose to provide Histoplasmosis
Remediation, and Odor Control Treatments thru the proper applications of
sterlizers, industrial deodorizers, Guano removal, and the proper disposal of all Bat
Waste.
HoH
Pee
Ho Proposed Bat Abatement Program:
4) Visual and Emergence Inspections: Provide full site inspections for prior to
commencement of exclusion of bat colonies. This necessary step will enable our
team to identify the active points of entry (primaries) and non active (sub-
primaries) entry points, and will enable us to formulate our approach in the most
successful, productive and effective way possible, Night Vision and Inferred
equipment will be utilized throughout the entire Exclusion process.
2) Reports: The results of our inspections will be documented and submitted to
you on a daily basis throughout the abatement process. This will also help to
answer any questions that may arise thru Bat Conservation International or any
other interested or concerned parties. Upon Completion we will provide you a
Final Report outlining the success of providing a safe and humane exclusion of
all bat colonies.
3) Live Humane Bat Exclusion/Abatement: Following the guidelines set forth
by Bat Conservation International (httie://www.batcon.org/resources/for-specific
issues/bats-in-buildings/excluding-a- we will successfully remove ALL
baat colonies found to be presently infesting your stadium, During our inspection
we noted Tens of Thousands of bats infesting expansion joints, cracks, crevices,
throughout the underside (Walk Ways) of the stadium, stairwells, bathrooms, and
exterior portions of the stadium. Our Humane Exclusion consists of non-lethal ,
and safe methods, that enable bats to leave their roosting areas, and prevent
them from reentering and returning, Exclusion methods are performed when
bats are not hibernating. It is our recommendation to implement your Bat
remediation program post maternal season which ends mid-August.
4) Bat Prevention, Bat Proofing Interior/Exterior: After the confirmation of the
removal of each and every bat colony (utlizing Fiber-Optic cameras) into the
former roosting location we then professionally apply Bat Prevention Measures.
These bat proofing materials will prevent bats from returning to their present
‘
2 roosting location, and will additionally prevent them from relocating to other
areas throughout Fair Grounds Stadium. Unfortunately, we have encountered.
many times, the improper applications/materials by inexperienced organizations
during this stage. We pride ourselves on our commitment to effectively,
professionally administer the application of these materials in this vital, tedious
process, in a manner which will provide you with a Bat Free Stadium, which in
turn will then be ready for demoiition. We are excited at the opportunity to
assisting you in creating this abatement program for youl
5) Guano Removal and Histoplasmosis Remediation: UBC Inc., will remove
the buildup Bat Guano. Bat Guano can harbor a fungus that can cause an
infection called ‘Histoplasmosis.’ httos://www.cde.gov/fungaV/diseases/
histoplasmosis/index.himl Proper PPE and Osha standard guidelines are
followed by all our technicians as they are individually Osha 10 Certified. Prior to
the removal of this hazardous material it is imperative that all Bat Guano be
decontaminated with Industrial Anti-Bacteria agents. Post application of these
agents, the removal of the Bat Guano commences. Upon removal, we will follow
the guidelines outlined for the proper disposal of Bat Guano Waste. Post
Exclusion, we will also administer these agents into the former roosting location
to destroy any bacteria that may be associated with Guano that is unaccessible,
All areas of the Stadium that has acoumulated Bat Guano will be treated with
Disinfectants and Odor Control Enzymes.
6) Odor Control: UBC inc., will properly administer Industrial Odor Control Agents
that contain certain enzymes that will help to destroy odor causing bacteria.*
Enzymes remove odors by causing a biological or chemical reaction. A type of
protein, enzymes are produced by living organisms, but they are not alve. An
enzyme is made up of a chain of amino acids, and it's the changes to the
‘sequence in the structure that dictates the function of the enzyme.
Par
q 7) Safety Standards: Our technicians adhere to industry accepted standards
when performing any and all bat removal, guano removal, Histoplasmosis
Remediation, and Bat Proofing Applications. All Techs are certified as Heavy
Equipment Operators and are trained on Boom lifts, Sissor Lifts, Forkifts ete.
Proper PPE wil be used which will include but not limited to: HEPA equiment
respirators or self contained breathing apparatus, Harnesses, Eye Protection,
Safety Vests, Hard Hats. UBC Inc, will furnish MSDS information on all products
utilized, A Safety Coordinator will be onsite 24/7 during the Implementation of
your Bat Exclusion Program.
8) Schedule: The bat abatement program including all above mentioned
applications will be completed in 5-7 consecutive days.
9) Equipment, Materials, Labor: All Manlift Equipment, Materials, and labor
expenses are included in the cost of services.
10) Cost of Services: Bat Abatement Program for the Fair Grounds Stadium is
$167,850.00.
11) Our References: Referrals: | am more than happy to provide you with
references upon your request.
12) Our Commitment: | United Bat Control Inc., have been implementing bat
remediation services for over 30 years exclusively, | personally have been
involved in coordinating Bat Removal and Prevention solutions to Commercial
and Industrial Facilities Nationwide for almost 20 years. 1 have have been
involved in overseeing projects that have included services to Halliburton, Dow
Chemical, ExxonMobil, numerous Hospitals and Medical Centers, multiple
School Districts, Universities, College Campuses, Dormatories, Food Processing
Plants, VA Medical Centers, homes for the US Ambassador to El Salvador and
even provided services for the Hearst Corp, their Family and organization, |
-
3
2
q Pride myself on my work ethic, knowledge and ability to succeed at any and
every challenge I've been presented with! I've been privileged to be surrounded
by a Great Team whom have been properly trained in bat live humane bat
exlousion and trained and worked with over the years, who also take pride in
their abilities to provide successful Bat Remediation and Prevention services.
‘Additionally, all technitions have received their Pre-Exposure Rabies shots for
safety reasons, We thank the Henderson Construction Co, for the opportunity in
providing a successful, smooth bat remediation program for the Fair Grounds
Field, services ‘utps:/peraultnwe.com!
(225) 328-0725
PERAULT'S NUISANCE WILDLIFE CONTROL, L.L.c.
Denham Springs, LA 70726
About
Located in Denham Springs, Louisiana, Perault's Nuisance ildife Control is a licensed company (#457054) with 25+ years
‘experience. We handle all mammals and most reptiles, including feral hogs, raccoons, beavers, coyotes, foxes, snakes, ete. Our
‘main mission is to service the public to prevent damages to private property and to provide safety to those land owners or
coccupants,
pricez.quete
Pricing
Raccoons, Squirrels, Opossums, Armadillos, Snakes - $35 each
‘Skunks, Beavers, Snakes (Venomous) - §50 each
Fox, Coyotes, Bobcats - $100 each
Bats 6 Feral Hogs - Priced Per Job
EXHIBIT
Please call for quote if nuisance animal is not listed above. wen
“Pricing is subject to change based location and quantity of animals F
of 9726/2022, 2:59 PM 20f3
bttps://peraultnwe.com/
*Jobs outside 20 mites willbe charged an additional $0.50/mile.
‘Setup Fee will apply on larger scale jobs
Services
Perault's Nuisance Wildlife Control provides a wide range of services listed below. In addition to those services, we offer animal
roofing and habitat modification to ensure that the problem does not reoccur.
‘+ Relinquish unsanitary rats, bats, etc. from spreading harmful diseases.
‘+ Removal of feral hogs off of hunting leases and farm land.
* Distinguish of raccoons, possums, and squirrels from household attics and living quarters.
+ Depose or relocate fox, coyotes, and bobcats to prevent threats to farm animals and household pets.
‘+ Eliminate beavers and nutria from damaging landscaping.
CONTACT US
Drop us a line!
ame
[email protected]
(225) 328-0725
Hours
Gall for consult
Sunday: Closed
9126/2022, 2:59 PM services butps:/fperaultnvvc.com/
Copyright © 2018 services - All Rights Reserved,
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30f3 972612022, 2:59 PM. Bats | services ,
Lott
BATS
Bats play an important role inthe ecosystem, however they can become a nuisance if settled in your
home. In addition, they carry harmful diseases that can spread to humans. PeraultNWC has designed,
developed and perfected a system to remove/relocate any and ALL bats from your establishment.
Copyright © 2018 services - All Rights Reserved.
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hhtps//peraultnwe.com/bats
912612022, 3:00 PM Predators | services hitps:/fperaultnwe.com/predators
PREDATORS
As people move further away from cities and develop natural environments into houses, predators find increasingly less
oom to roam and less of their natural food source to be found. As a result, predators are forced into our communities to
establish other sources of food and shelter. Confining a possible source of food to an area, such as your waste cans, oF
Introducing new prey, such as free-roaming cats and pets, which often attracts predators because it offers an impending meal.
‘The goal at Perault’s Nuisance Wildlife Controt is to prevent commercial livestock and personal pet losses from predation by
foxes, coyotes and other wild carnivores. In return, this goal will help other species such as turkeys, rabbits, and
squirrels strive in a predator-heavy populated area,
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Loft 9/26/2022, 3:00 PM Feral Hogs | services Iitps:/iperaultnwe.com/feral-hogs
bof
Feral Hogs
Feral hogs cause a wide variety of problems and are a serious concern for private landowners, fish and wildlife managers, and
nature enthusiasts of all kinds. They are very destructive to sensitive natural areas such as wetlands and agricultural farmland.
Their tendency to wallow in wet areas can destroy these types of important habitats. The rooting and feeding behavior of feral
hogs also contributes to sol erosion and reduces water quaityThey have even been known to kill and eat deer fawns. They
also relish the eggs of ground-nesting birds. Anything that lives on the ground is a potential meal fora feral hog Feral hogs
Forage heavily on acorns. Many wildlife species, such as deer, squirrels, birds, etc wil have less food to survive on. The
agriculture community will experience damaged and destroyed crop rows, ted hay and pasture land, and damaged tree
Plantings.One ofthe biggest threats tothe agriculture community isthe potential transfer of disease from infected feral hogs
to domestic swine herds, Feral hogs in other states are known to carry swine bruceltosis and pseudo rabies: The spread of
disease to people, pets and other livestock is a big concern, Brucellosis, when contracted by humans, is known as undulant
Fever, Feral hogs have been documented in various studies to carry 30 significant viral and bacterial diseases and 37 parasites
Copyright © 2018 services - All Rights Reserved.
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19/26/2022, 3:00 PM ‘What you need to know | services bitps://peraultnwe.com/what-you-need-to-know
WHAT YOU NEED TO KNOW
es |
IDENTIFICATION FEATURES
Macaw
Pocket Guide to
/MA Animal Tracks
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PHOTO GALLERY
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Toft 9/26/2022, 3:01 PM Jerald R. Harper Anne E. Wilkes
frm com, anneGharperfirm com
September 30, 2022
(Hand Delivery)
Mr. Mike Spence
Caddo Parish Clerk of Court
501 Texas Street
Shreveport, Louisiana 71101
RE: Friends of Fairgrounds Field, L.1.C. v. City of Shreveport and
Henderson _ Construction. Services, Inc; Suit -
Noz_o2AF47-E First Judicial District Cour, Caddo
Parish, Louisiana
Dear Mr. Spence:
Enclosed herewith isan original and four (4) copies of Petition and Motion or Temporary
Restraining Order and Preliminary Injunction.
‘We respectfully request that you (i) assign this new suit witha docket and division number;
ii) file the original into the record; and present the accompanying Rule to the Court for execution;
(iii) make service in accordance with the service instructions provided; (iv) retum a stamp-filed
copy to me via my: runner; and, (v) return a conformed copy of the Rule tome, via the self-
addressed pre-paid envelope provided herein.
Enclosed is my firm.check in an amount sufficient to.cover the cost of is filing.
Should you require anything further, please do not hesitate to contact me at the number
listed below.
IRE:epj
Enclosure
ce: Plaintiffs (via e-mail only)
213 Texas Street, Shreveport, Louisiana 71101 » Post Office Box 1816, Shreveport, Louisiana 71166
‘Telephone: 318 213-8800 « Facsimile: 318 213-8804 * www-harpérfirm.com
rare sharone cPCC.cv.s716198
Rule to Show Cause
FRIENDS OF FAIRGROUNDS FIELD LLC, ETAL —_NO, 639897-B
vs STATE OF LOUISIANA
CITY OF SHREVEPORT, ET AL PARISH OF CADDO
FIRST JUDICIAL DISTRICT COURT
TO: CITY OF SHREVEPORT
THRU HONORABLE ADRIAN PERKINS, MAYOR
505 TRAVIS STREET, SUITE 200
SHREVEPORT, LA 71101
GREETINGS:
YOU ARE HEREBY ORDERED, DIRECTED, AND COMMANDED, in the name of the State of
Louisiana and of this Honorable Court, to show cause before this Court on OCTOBER 5, 2022, at 9:30AM,
why you should not comply with all that is contained in the certified copy of the order which accompanies this
RULE AND HEREIN FAIL NOT.
WITNESS the Honorable Judges of our Court on this date October 3, 2022.
OTHER: MIKE SPENCE, CLERK OF COURT
BY ee ee ee
Deputy Clerk
JERALD R HARPER
‘Attorney
FILE COPY sharone CPCC.CV.3716206
Rule to Show Cause
FRIENDS OF FAIRGROUNDS FIELD LLC,ET AL —_ NO. 639897-B
VS STATE OF LOUISIANA
CITY OF SHREVEPORT, ET AL PARISH OF CADDO
FIRST JUDICIAL DISTRICT COURT
TO: HENDERSON CONSTRUCTION SERVICES INC
THRU SHELTON HENDERSON, AGENT
267 TIMBER LINE
STONEWALL, LA 71078
GREETINGS:
YOU ARE HEREBY ORDERED, DIRECTED, AND COMMANDED, in the name of the State of
Louisiana and of this Honorable Court, to show cause before this Court on OCTOBER 5, 2022, at 9:30AM,
why you should not comply with all that is contained in the certified copy of the order which accompanies this
RULE AND HEREIN FAIL NOT,
WITNESS the Honorable Judges of our Court on this date October 3, 2022
OTHER: MIKE SPENCE, CLERK OF COURT
By:
Deputy Clerk
JERALD R HARPER
‘Attorney
FILE COPY
¢
‘
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