State asks for gambling boat halt

The state wants an injunction against SunCruz until environmental questions can finally be settled.

The state Department of Environmental Protection asked a judge Wednesday to stop the SunCruz gambling boats from departing from their Port Richey location.

The state set a Tuesday deadline for the local company operating the SunCruz casino boats to sign an agreement resolving alleged environmental and potable water quality problems. When that deadline elapsed Tuesday, the state's attorneys were standing by with a request for a temporary injunction against Paradise of Port Richey.

If the judge grants the request, the SunCruz cruises would come to a halt until an agreement is reached.

State attorneys faxed the request to the circuit court in Tampa on Wednesday morning, DEP's deputy counsel David Thulman said, even though the state had anticipated Paradise would sign as late as Tuesday.

"This is not usual," Thulman said of the protracted legal fight with Paradise. "The whole case has taken a different turn. It seems to change hourly.

"It's sort of like . . . Bosnia, and I feel like NATO."

The injunction is the latest action by the state in more than a year of attempts to determine the conditions under which the SunCruz boats can legally operate. The state also wants to exact restitution for damage the boats allegedly visit on the state's waterways.

The state claims the SunCruz boats plow up the bottom of the Pithlachascotee River in Port Richey, raising the river floor in places, prohibiting entrance to some docks and marinas and changing conditions that used to support aquatic life. The state also alleges similar damage done in the Crystal River, where Paradise no longer operates.

But state Rep. Larry Crow (R-Tarpon Springs), Paradise's lawyer, reiterated Paradise's denial that the ships cause any environmental harm.

"We don't believe we have caused any damage and don't believe that after four years the state should be able to come in and just tell them, "You're out of business,' " Crow said. "I don't think a court is going to force them out of there when you can't show any environmental damage to that river.

"My people want to resolve the issue with DEP if possible."

But Thulman said the latest proposed settlement fell through because of the company's attempts to tack on provisos.

"It appeared they kept adding conditions that were unacceptable to us," Thulman said. "It appears they want to be able to operate no matter what and they don't want to spend any money."

The state's proposed settlement also included chances to mount conservation projects in exchange for reduced fines, especially for violations in Citrus County's Crystal River and the Cross Florida Barge Canal.

According to Thulman, those options are still on the table, but the threat of ceased cruises acts to make the state's proposals more attractive:

"Our only goal is to restore the damage that's been done and get them to operate in a legal manner otherwise," he said.

_ Staff writer Beth Glenn can be reached in west Pasco at (727) 869-6229 or (800) 333-7505, ext. 6229. Her e-mail address is glennsptimes.com.