Local business owners and tourism officials faced off at the Committee on Economic Development, Agriculture and Planning hearing Thursday in support and opposition to a bill providing for the regulation of business promoters known as barkers.
Key business community organizations such as the USVI Hotel and Tourism Association, St. Thomas-St. John Chamber of Commerce and Virgin Islands Territorial Association of Realtors opposed the bill and supported the amendment.
They claimed that these business promoters, or barkers, are a group of unprofessional, rude, aggressive and sometimes violent individuals that threaten the vitality of the territory’s tourism business.
Barkers and the business owners who rely on them claimed they provide a valuable service to businesses located on side streets who need traffic diverted to their locations or who lack the money to afford proper signage.
The committee heard testimony from more than 10 business owners, tourism officials, property owners, licensing officials, taxicab owners, barkers and residents.
Bill No. 30-0002 would amend Title 27, V.I.C. and permit barkers to operate in the historic downtown Charlotte Amalie area.
The amendment would eliminate key provisions of the bill and add language that effectively bans barkers from the same area.
Senate President Shawn-Michael Malone sponsored both the bill and subsequent amendment.
Malone introduced the amendment as a compromise after he received an "overwhelming response" from the business community.
Malone admitted barking can be an "unpleasant experience" but that the Senate was willing to find a compromise so that the businesses would be able to "get traffic, pay taxes and keep people employed."
The hearing featured passionate defenses of the bill and its amendment, as well as some sharp exchanges. David Bornn, president of DRI, submitted suggested changes to the amendment by select business leaders, which was put together after only receiving the new amendment Wednesday evening.
Bornn reminded the committee of this and the senators began jokingly referring to him as "Senator Bornn." After some initial confusion on which amendment the Senate would consider – the proposed amendment or the business leaders’ suggested changes – senators chose the former because technically no one can propose an amendment at committee hearing who is not a member of the Legislature.
Sen. Janette Millin Young, chairwoman of the committee, became agitated with Bornn when he submitted suggested changes to the amendment without distributing copies to the senators before the hearing.
"My patience is wearing very thin because we have a process," Young said. "Its difficult to conduct a proper meeting."
Bornn highlighted the concerns of tourism officials and business owners about barking.
"We stand opposed to the bill as it presently allows barking in the historical downtown area," Bornn said. "Even with enforcement legislation, barking is still a problem. There has been an escalation of violent and disrespectful behavior involving barkers."
Steve Morton, a board member at the St. Thomas-St. John Chamber of Commerce, painted a picture of a hostile downtown environment for tourists.
"Imagine getting off a ship and being accosted four to five times and being told to avoid rip-offs on Main Street," Morton said. "Is this how should we treat our guests?"
Business and property owners complained of drunken and violent episodes of barkers stabbing tenants and barkers throwing each other through glass windows.
"Enforcement does not work. There’s not enough manpower," Morton said. "When officers appear, barkers disappear. The community wants an end to barking forever. The harassment must stop before barking drives more away."
Lisa Hamilton, president of USVI Hotel and Tourism Association, said her members unilaterally oppose the bill but support the last version of the amendment. She surveyed more than 200-plus business and property owners and read personal accounts from some who complained of barkers being "unkempt and walk around with beer bottles in hand."
Sen. Nereida “Nellie” Rivera-O’Reilly said there was too much focus on the barkers on St. Thomas.
"There is one inscrutable truth: St. Croix hasn’t been mentioned," Rivera-O’Reilly said. "Was a survey done for St. Croix? No? I wonder why. Because we don’t have any tourists."
John Jureidini, owner of Divine Destinations, spoke in favor of the bill but against the proposed amendment. Jureidini said the barkers shouldn’t be judged by a "few bad apples" when the barkers he employs are professional, knowledgeable and helpful to the vast majority of tourists.
He refuted the tourism officials’ claims that a regulatory system would be unenforceable by pointing to similar waterfront areas in Charleston, S.C., and Atlantic City, N.J., which drug test and run criminal backgrounds on their barkers.
Morton pointed to the success of Havensight and Crown Bay Center where barking is also banned.
Jureidini said that analogy was inappropriate because those facilities on are private property and the amendment concerns public property downtown. Jureidini also said more business owners felt the same way he did about the bill but were afraid to speak out for fear of retribution from their landlords, who strictly enforce anti-barking clauses in their leases.
"Its the same group of people who were up here (testifying in front of the committee) before," Jureidini said. " I call them ‘The Coalition.’"
Charles Matthew said he was a barker for more than 20 years on Main Street before he opened his own store Shaka-Man-Zulu Jewelry. He said his attire was based on the nature of the business he was promoting. Sometimes that required he dress as a sailor, while other times he was dressed in a suit and tie. For Thursday’s hearing he wore ceremonial African garb including face paint to further the point.
"This is the big guy vs. the little guy," said Matthew. "I’m all for progress. But fair is fair. Let’s support the small businesses."
Matthew submitted a three-minute video he narrated to show the difference between heavy traffic on Main Street and the lack of traffic on the backstreets and side streets of downtown Charlotte Amalie. He said businesses like his need solicitors to divert tourists to his area or the money dries up.
The senators agreed discussion of the bill was far from over but Rivera-O’Reilly claimed the amendment was "dead on arrival."
Malone said there’s a chance the "amendment could be amended."
The senators emphasized they wanted the legislation to be fair to all parties involved.
"It’s good the community came out to voice their opinion and we’re not sitting in an empty hall," Young said. "I’d like this to be something we can all live with."
