Drakes Bay Oyster Company: Case Management Meeting Monday July 7 To Determine Next Steps

Update 7/8: Time to wind it down.

Judge Gonzalez has given the Department of the Interior and Drakes Bay Oyster Company 30 days to develop a plan to wind down and cease the commercial operation in Drakes Estero. Another meeting will take place August 11. It has been suggested that DBOC consider relocating the operation to other tidelands in California, with Humboldt Bay being mentioned as a possible alternative. There the shellfish industry has been working with state officials to open large tracts of the northern portion. The image below shows for comparison the size of the two bodies of water. The red line is equal to one mile. Were the workers motivated money to start their own company would most likely be readily available for them to start their own company, providing wealth far beyond that from being an employee.

Humboldt Bay proposals (L, in blue) 

and Drakes Estero (R)

(click to enlarge)

(Humboldt Bay image information taken from 

shellfish industry paper dated August 29, 2013.)

Update 7/7: Perks and taxes - more responsibilities.

"You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign."
"You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks."

How regulated is crowdfunding and what

legal responsibilities are there?

The Press Democrat has reported Judge Yvonne Gonzalez will meet with attorneys for Drakes Bay Oyster Company and the Department of the Interior. After the Supreme Court refused to hear DBOC's case last week the injunction which had allowed the company to operate for the last 19 months without a permit was lifted, allowing for the completion of the marine wilderness area.

Awe shucks
At hand is how the operation will be brought to an end, something Kevin Lunny has claimed will devastate his business, but something which he knew full well would end November 29, 2012 when he purchased the operation. That Mr. Lunny chose not to plan for an orderly closure but instead fight a legal battle to the level of the Supreme Court was his choice and his alone. He has claimed it is not over until the last oyster is shucked. It is now time to shuck the last oyster and cease operations.

Hand full of gimme and a mouthful of much obliged
In the mean time, DBOC public relations people continue to ask for money from the public on one of the internet "crowdfunding" sites where individuals promote their causes asking for money from the public. In the case of DBOC, their initial attempt was to raise money to "maintain" an already existing website and expand their on-line presence. Various "perks" were offered to donors who provided funds, including free oysters, tours and picnics. A second "tranche" is now being sought. But...

Was that an expressed or implied contract offered to donors?
Sarah Rolph, "story teller" from Carlisle, Massachusetts and hoping to publish her 2nd book (on Drakes Bay Oyster Company) has posted a note that the "oyster farm picnic" is no longer available to those who donated funds at a certain level. She has suggested others who were promised oysters for donations at another level "visit as soon as you can," implying that offer may soon be off the table. It was unclear if those who donated and would not receive what they expected would have a portion of their donation refunded or what other legal obligations DBOC may have.  DBOC's public relations attorney Peter Prows may want to consider whether those offers of "gifts" for donations were an implied or expressed contract.