Ecotourism business owner undecided about his next step

Alligator Bayou Swamp Tours owner Frank Bonifay hasn’t yet decided what to do about a district judge’s ruling against him Tuesday. Whether he will appeal remains to be seen. “I’m speaking to my attorneys,” Bonifay says. “I can’t respond to that at the moment. My attorney will respond to that in the near future.” His 17-year-old ecotourism business shut down four years ago after Iberville and Ascension parishes decided to open the floodgate that prevented backwater from Bayou Manchac from entering Alligator Bayou, maintaining the water level. That action dropped the water level in Alligator Bayou, ending the prospect of tours. Bonifay’s company sued, but 23rd Judicial District Judge Thomas Kliebert on Tuesday granted the defendants’ motion for summary judgment. He concluded the parishes’ decision to close the floodgate in December 2009 was based on a duty to regulate drainage, and the damage to Bonifay’s business was not an “intentional act” or “abuse of right.” “This is par for the course, but we’ll survive,” Bonifay says. “My feeling is that some of the facts on the table are incorrect. There are procedures for government to act responsibly, and those procedures were not followed when they opened the gate and drained the bayou. I look forward to information getting out to all of the people of Louisiana.” You can learn more about the dispute in a 2009 Business Report cover story here. —Penny Font