Published: November 25, 2009 11:05 pm      

TOURISM: Maid of the Mist under siege

An Atlanta businessman with eyes on the boat tour operation in Niagara Falls has filed a lawsuit in Albany in an effort to force state officials to allow his company to compete against the Maid of the Mist Corp.

William Windsor, whose son owns a tour-ticket company known as Alcatraz Media, announced on Wednesday he has taken legal action against New York State Parks, the Office of the state Comptroller, the attorney general, Gov. David Paterson, former state parks commissioner Ed Rutkowski and Maid of the Mist officials James and Christopher Glynn in an attempt to void the state’s boat service license with Maid of the Mist which has been offering trips on the river below Niagara Falls since 1846.

Windsor is hoping the lawsuit will force the state to consider competitive bids for boat tour operations on the American side of the Falls which were granted to the Maid under a 40-year deal approved by the state in 2002. His lawsuit also seeks $57.8 million in damages, the projected profit from the Maid’s four decade deal. A hearing on the matter is set for Jan. 8 in New York State Supreme Court in Albany.

State Parks officials have said that the extension was granted without a formal bid because the Maid of the Mist is considered a “sole source provider” due to its exclusive land agreement with Canada. As noted in a response to the Windsor filing by Maid of the Mist attorney Marc Brown, under New York State Finance Law, agencies are not required to seek bids in situations where no other bidder could possibly render the service in question.

Windsor maintains that the lease extension — the longest ever authorized by state parks officials — is illegal, in part, because Maid of the Mist is not the only company that could provide the boat service as state officials have long claimed. He argues that the state’s sole source provider argument is no longer valid when you consider that Canadian authorities recently stripped Maid of the Mist of its exclusive rights to land on the Ontario side, opening up the operation to competitive bidding on the Canadian side.

“I do not see how a judge can do anything but rule in my favor based upon the facts and the law,” Windsor said in a release issued to the media on Wednesday.

Tim Ruddy, spokesperson for Maid of the Mist, released details on former lawsuits and a statement Wednesday afternoon.

“As it is done numerous times over the past four years, Maid intends to defend itself yet again against Mr. Windsor’s unfounded and frivolous motions and claims against Maid,” the statement stated.

Contact reporter Mark Scheer at 282-2311, ext. 2250.