25 Aircraft Owners Billed Several Thousand Dollars Each For Being In Wrong Place/Wrong Time

News/Analysis By Jim Campbell, ANN CEO/Editor-In-Chief

If it's never our fault, we can't take responsibility for it. If we can't take responsibility for it, we'll always be its victim.

Richard Bach

ANN has been working for the better part of two weeks to get to the bottom of an intriguing (and continuing) story that (again) came to our attention in mid-October. We started receiving reports that a number, dozens actually, of the aircraft owners who incurred tornado damage at this year's so-called 'Sun 'n Fun' event were receiving bills from the Demi-Gods at Lakeland... invoicing them for the services undertaken to remove their airplanes from where they were struck by Mother Nature, as well as the costs to 'de-tox' the area and the aircraft in order to deal with 'hazmat' concerns.

When the tornado struck, dozens of aircraft were ripped loose from their moorings and trashed -- though some of the stricken aircraft were damaged not by being ripped loose but by damage incurred by contact with other aircraft, tents or other structures that were ripped loose in the winds that struck Lakeland. All this occurred after extensive tornado warnings were broadcast throughout the state most of the day (and indeed, we were getting them as far North as Jacksonville). By the time that the sun had set on Lakeland, on March 31st and the damages tallied, it was obvious that a pretty horrendous storm system had spawned some violent weather. In the case of the Lakeland tornado, initial estimates ranged as high as peak gusts of 90 mph.

In the ensuing days, ANN received dozens of complaints about inadequate warnings about the weather, improper supervision of tied-down aircraft and displays, rude or unhelpful treatment from volunteers and staff and even threats and harassment from SnF staff as well as Law Enforcement agencies against those who were attempting to seek to recover their aircraft and/or assess the damage. Some associated reports were pretty cheesy... ranging from those charged an admission fee to get on site to remove the wreckage of their airplanes to a Fly-In attitude that seemed more intent in getting things ready for the next day's event and the need to collect gate fees, than in helping those who were trashed by Mother Nature. ANN made a number of attempts last spring to get additional detail but received no response from the SnF organization.

Since then, changes have been made and many espoused some hope for a better and more positive attitude and response from the new regime at Lakeland. With John Burton "fired/retired" to a much less prominent position with the SnF Museum organization, a retired Navy vet was put in place and there was hope that the event and organization that was oft described as the "Gang That Couldn't Shoot Straight" might see enough improvement to save an event that was clearly starting to fail in a big way.

Well... those hopes appear to have been for naught. Within the last month, SnF has billed the victims for the removal and clean-up of their aircraft... some 25 in all, and sent out invoices that (according to the Fly-In organization), totaled over $90 thousand dollars. ANN finally received a call back from an SnF Staffer after our fourth try in the better part of two weeks, and was surprised to receive a fair amount of solid info from their media spokesman Jim Bernegger. Bernegger answered our questions as well as he could, and promised follow-ups to those for which he didn't have ready access to the proper data.

Unfortunately; as forthcoming as Bernegger was, the answers we got were somewhat disturbing. On several occasions during the 22 minute discussion Bernegger emphasized that SnF's motives after the tornado were quite clear... to enable themselves to reopen the next day on order to continue the Fly-In with a minimum of disturbance.

"The show is our single fund raiser," Bernegger noted on more than one occasion. He explained that the damaged aircraft, "compromised our ability to reopen the show," and that, "...We needed to clear the site so that it was safe to open the next day."

ANN reported that we received and read multiple reports from aircraft owners that were in the process of recovering their own aircraft and had either given NO permission or refused permission for their aircraft to be moved... only to return to the wreckage site to find that the aircraft had been moved without their knowledge or expert assistance... some even alleging that extensive damage was done that would not have occurred if those familiar with the aircraft were actually involved in its movement.

Bernegger then deferred the narrative to concerns over safety (after spending much of the initial interview emphasizing the need to continue the Fly-In)... "Lots of airplanes were in positions that needed to moved for safety reasons, and needed to be cleaned to make sure that they were environmentally safe..."

Bernegger explained that the Fly-In, "worked with a towing company and an environmental clean-up company..." but was not able to cite what specific aero-expertise either brought to the problems of dealing with damaged aircraft... or how the decision process arrived at the compelling need to deal with the hazmat situation so quickly (this while porta-potties STILL floating in, and contaminating, retention ponds were photographed and sent to ANN AFTER the aircraft were moved... leading one to wonder what presented the most significant public health issue). Bernegger added that, "we would not have used them (the Hazmat team) if they did not have the requisite level of experience," while also citing a concern for the explosive potential of the damaged aircraft as one more reason why they needed to be moved so expeditiously... "anyone of those (aircraft) could have exploded... in deference to the safety of any and all... that was what we needed to do, to impose that kind of action."

Ultimately, though, the "hazmat decision (was) made by (persons unknown at the time of our conversation) though an environmental assessment was done, and yes, Lakeland PD were involved but may not have made the actual decision."

Jim added that the 7 month delay in getting the invoices out to those affected was the result of those damages that SnF's insurance providers eventually refused to cover... and that in addition to the aircraft, there was some $250 thousand dollars in other damages to SnF assets that were not covered by their policies. Regardless, though, Bernegger contends that damages not covered by SnF's insurers "should be covered by the owner's policies." And he praised the efforts of the SnF organization in dealing with the damage, "it was a Herculean effort... only achievable though the efforts of lots of our folks who helped."

Bernegger told ANN that only two owners had called to complain about the invoices so far... and that already one of those billed was able to prove that he should not be included in the billing -- because he was able to move his aircraft himself, negating SnF's action and making the bill an errant request. Bernegger said that they had cleared that owner of responsibility for those charges, but expressed some exasperation as to why owners seemed to be willing to complain publicly without calling them directly.

"This is a personal matter between ourselves and 25 individuals and we wish they would talk to us about it," he said. When pressed for some legal validation for the decision to move the affected aircraft, allegedly (according to reports) without permission or against the consent of the owners, Jim refused to get specific about how SnF felt not only empowered to take action with the property of others, but to then bill them for their decisions... "I can't comment on the legalities of the decision," he explained. 

No matter what, SnF's actions have gone down poorly with the sport aviation community and little support for their actions has been voiced. A popular sport aviation site dedicated to the RV aircraft community (www.vansairforce.com) has been boiling over with comments, mostly negative, in regards to the manner in which SnF has handled those trashed by the tornado... Some of the comments over the matter are brutal and its obvious that the faltering rep of SnF has taken yet another hit... possibly a fatal one.

One RV6 owner stated that, "I had made arrangements to move the wreck of my airplane to a friend's hangar on the field the next morning. When I got to the airplane, the next morning it was gone. None of this was done with my permission. I could have moved the airplane at zero cost. So if something like this ever happens again, make sure you stand guard or wrap your airplane with razor wire to keep anyone from moving it," while adding that, "My airplane took all of 15 minutes to move, and it took another 15 minutes to drain the fuel out of it. I really didn't want Chartis to pay this. Complete ripoff, beyond the fact that they should have never moved my airplane in the first place."

Another complained that, "That is the most horrifying thing about the whole SnF mess since living through the tornado with no public warning announcement. Thank God for good insurance agents. Aren't there laws against tampering with aircraft without the owner's permission? They kicked us all out--they HAD THE OPPORTUNITY to have the owners present during removal, but yet they made us all leave, stole your fuel, damaged your airplanes further, and then overcharged you for recovery costs. Sounds like grounds for a lawsuit."

Yet another wrote that, "I have refrained from making comments about my experience last spring at SnF after my plane was damaged in the tornado. But hearing about how SnF is now dealing with those who had damaged airplanes I can no longer keep quiet. I was much more fortunate than Bob or others, including my friends who had flown their Alon Ercoupe down having never been to SnF before. They arrived on Wednesday afternoon only to have their plane flipped and destroyed on Thursday. They too were kicked out of the area. They were not allowed into the grounds until sometime Friday morning after many hours of being shuffled around from one gate to the next where they were not allowed to enter the grounds. When they were finally able to get in they went to where their plane was parked to find it gone. No one could tell them where their plane was. After an hour or so they were able to track down where it had been moved. Their airplane had been moved without their permission just as many others had. They too received a bill for the involuntary moving of their airplane," while adding, "My wife and I were very upset with the treatment we received by SnF. We enjoy many aspects of going to Florida during SnF. Most of these have nothing to do with SnF. Perhaps we will now find ourselves going to Florida just to enjoy those other adventures and leave SnF for others. We have little desire to deal with more bad experiences like those from last spring."
 
Another disaffected SnF visitor spoke up, "The first thing everyone should realize is SnF is not a group of good old boys and girls that really enjoy seeing all their friends come and have a good time. It is a group of business people that have formed some form of business unit (corporation) that has a charter to profit from this event. Their goal is to part everyone from their money as many possible ways as they can. To absorb a loss or assume a responsibility they won't let happen. You can expect that they will pass on whatever costs they can legally (didn't say ethically) get away with. The people that direct this gaggle are greedy and conniving. This is obvious from the fees and admissions that are charged to those wanting to participate. I know everyone reading this is aware of how SnF is run. What amazes me is that even though people are repeatedly used, abused, gouged, disrespected, and threatened by the SnF organization they continue to migrate there each year. It must be some powerful need to be a part of a group that I don't understand."

There was far more in this and other forums but the gist is clear... although I must note that there were some stirring (and welcome) stories about how victims of the tornado received help and assistance from their fellow pilots in a number of ways that allowed them to make a bad situation far less onerous... including one of a fellow who was able to repair all but the damage to one of his RV's flaps... whereupon a member of the community pulled a newly built flap from his (under construction) RV and let him fly home on it -- to return it when he was done with it. Pretty cool. And i must note that it sure is nice to see that most of the flying community, at large, still functions as a positive entity even when others won't.

SO... despite the cogent and reasonably detailed responses from SnF, a number of unanswered issues remain... did SnF have the legal right to move all the  airplanes... some without, or against, the consent of the owners? Were the owners billed the actual costs of the clean-up for their airplanes or were the costs 'padded' (a common concern/complaint)? Do the actions of the SnF organization violate the letter, or intent, of Florida Statute 501.160, which guards against the gouging of consumers when an emergency occurs? Does SnF have the right to insist on repayment, and for those who refuse, what will SnF do about it? And finally; what culpability does SnF have in the damage that was done? While there is no question that this was the fault of a very bitchy Mother Nature on the loose, there were a great number of warnings and cautions issued by various agencies throughout the day... something that many of those in attendance at SnF2011 report that the organization failed to effectively impart or pass on to those who were ultimately affected by the March 31st tornado from hell.

More to come, as info becomes more readily available...

FMI: www.vansairforce.com, http://myfloridalegal.com/pages.nsf/Main/5D2710E379EAD6BC85256F03006AA2C5?OpenDocument