Acadian Ambulance seeks to ban rivals in Avoyelles

Acadian Ambulance Service has filed suit in 12th Judicial District Court asking that a judge rule on the intent and legality of a contract granting the company exclusive operating rights for all emergency and non-emergency ambulance calls in Avoyelles Parish.

The possibility of this action has been anticipated for some time as the “ambulance wars” among Acadian, MedExpress and St. Landry EMS heated up around the parish.

Acadian officials have remarked that other ambulance providers are operating “illegally” in the parish.

MedExpress officials have countered that people should have a right to decide which ambulance company to use.

TWO QUESTIONS

Acadian attorney Kirk P. LaCour said the action seeks only to answer two questions of contract law: What does the contract say? Is it legally enforceable?

“We just want a judge to interpret the contract and tell us if it is enforceable under state law and parish ordinances.”

The company is not seeking monetary damages from the governing bodies named as defendants. The defendants are the Avoyelles Police Jury, Sheriff’s Office, Law Enforcement District, Town of Cottonport and City of Marksville.

The two municipalities were named only because they have extended occupational licenses to other ambulance providers “and we felt they may want to be included in the suit to have the opportunity to let their voice be heard in the matter,” LaCour said. “If others have issued occupational licenses, we can amend the suit to include them.”

Acadian’s argument centers on three points: (1) a Police Jury ordinance in 2009 gave Sheriff Doug Anderson authority to contract for ambulance services; (2) Anderson entered into that contract under the authority granted by the Police Jury; (3) a provision in the contract specifically states the sheriff “shall instruct and inform all interested parties (including parish 911 director, etc.) that provider (Acadian) shall be the exclusive ambulance service for all emergency (911 and other) and non-emergency ambulance transportation within the geographical boundaries of the parish.”

Acadian contends the contract means exactly what it says, and any ambulance provider operating in the parish is doing so in violation of that contract granting exclusive rights to Acadian.

In support of that contention, Acadian included in the suit a citation of Med Express Ambulance Service Inc. v. Evangeline Parish Police Jury, which challenged that parish’s “single operator system” for ambulance services. Acadian was the single operator in that case.

EVANGELINE CASE

Acadian notes that in that 1996 case, the court “stated that by enacting the ordinances, the Evangeline Parish Police Jury created a single operator system, thereby depriving Med Express of the freedom to contract with potential customers and the freedom to engage in a lawful business on a parishwide basis in Evangeline Parish.”

Acadian pointed out the court ruled the Evangeline Police Jury did not discriminate against anyone nor did the parish ordinances “impinge on a fundamental right.”

The suit seeks to have the court find (1) that the Avoyelles Police Jury has enacted ordinances regulating private ambulance service in the parish; (2) that the sheriff has authority to contract with a private ambulance service; (3) that no ambulance service can operate in the parish unless it complies with the parish ordinances; (4) that the sheriff entered into a valid contact with Acadian to provide emergency and non-emergency ambulance services and “created a single operator system,” as described in the Evangeline case; (5) that the contract between Acadian and the Avoyelles Parish Law Enforcement District is valid and enforceable; (6) that due to a parishwide vote of the public in approving a sales tax that included contracting for ambulance service, the sheriff’s authority to contract for ambulance services and to establish a single operator system includes the municipalities; (7) and that the contract is valid and enforceable within the nine municipalities of the parish.

LaCour said that once a judge rules on the question, “we will look at the determination and be able to make a better decision on how to move forward. We really have nothing planned past waiting to see what the judge decides.

“I guess the best way to sum it up is to say that we just want to know the rules of the game,” LaCour said.

“Acadian has no intent to go anywhere,” he continued. “Our intent is to remain the go-to ambulance provider in Avoyelles Parish that we have been for almost 30 years.”

The contract with Acadian will expire in 2024 and be up for renewal at that time.

{Editor’s Note: This article reports on the filing of a lawsuit and is not intended to give both sides of the issue in dispute. A lawsuit includes only the allegations of one party against another and does not give both sides of a case. Neither the lawsuit nor this article should be considered as proof the allegations are correct/true. The truth of the allegations will be determined in court.}