By LISA SHIN
Los Alamos

Sirphey’s $5M lawsuit demonstrates yet another devastating casualty for our small business community, and in a rare and unprecedented manner, our local entrepreneur is fighting back.

So far, it’s not looking too good for the County. Separate from the $5M lawsuit filed in U.S. District Court, in the 1st Judicial District Court of Los Alamos, County attorneys were ordered to pay all legal fees to Sirphey’s attorneys, which could cost upwards of $30,000.

Sharon Dry, candidate for County Council, pointed out that, “The recent decision and supporting comments by Judge Lidyard in the Sirphey case shows Council’s failure in dealing with this local business … the result of Council’s mismanagement will now require the taxpayers to pay the cost of unnecessary litigation. Councilor Reagor’s lone decision to oppose the Board of Appeals’ conclusions was the right one in this matter.” 

In contrast, Councilor Hand voted in favor of the Board of Appeals decision and against Sirphey March 25. Previously, July 14, 2020, Councilor Ryti, as a member of the Board of Appeals, voted against Sirphey.

Indeed, Judge Lidyard did not take too kindly to our Council’s actions: (Link)

In the $5M lawsuit filed in the U.S. District Court, Councilor Ryti is named as a defendant for his actions.  Read about his alleged “direct and obvious conflicts of interest” from the 115 page Sirphey Case filed June 22 here.

On his campaign website, Councilor Ryti acknowledges that high rents and shortage of skilled workers are problems. “I believe the County needs to prioritize assisting small businesses with these issues…by having County staff and outside agencies such as the LACDC and the Chamber establish a one-stop approach for existing or prospective businesses to develop, succeed or expand in our community.”  However, he does not mention the core problem because he is a part of this problem: The County as the arbiter of who gets to do business, picking winners and losers. His “sanctionable conduct” violating Sirphey’s due process rights and alleged “conflict of interest” in the $5M Sirphey lawsuit put his commitment to small business growth into serious question.

Councilor Melanie Hand’s campaign ad includes “support and attract small businesses.” This should also be questioned, in light of her vote against Sirphey March 25. When the opportunity came to hold the County accountable and “remand the matter to the Board for fulfillment of the obligation under Ordinance 10-84 (right of appeal) and the requirements of due process,” she simply rubber stamped the County Board’s “baseless interpretations.”  Such action does not  “support and attract small businesses,” rather it harms and drives them away.

After the election, we will hear more on Sirphey’s $5M lawsuit. Councilor Ryti may be forced to spend even more time, money, and County resources on the lawsuit than on responsibilities on Council. Will he resign and will our Council once again appoint an unelected official to represent us?

Both Councilors Hand and Ryti demonstrate a broad understanding of the issues facing our community.  However, based on their actions with Sirphey, they should have not included “local businesses” and “support and attract small businesses” on their campaign platforms.

Editor’s note: Letters and columns published in the Los Alamos Daily Post reflect the views of the writer. The Post encourages readers to do their own fact checking.