By Marvin G. Cortner
Editor

A lawsuit against the Osceola County School Board by two Kissimmee school uniform providers is now making its way through the county court system.

The lawsuit, filed Sept. 1, alleges negligence and negligent misrepresentation on the part of the School Board and one of its former members, Julius Melendez, who gave up his seat when called up to active military duty. The lawsuit seeks damages in excess of $15,000 on each count.

The plaintiffs in the case are Gentlemen’s Quarters Fashions, 1108 N. John Young Parkway, and Uniform Wizard, 409 Church St. The plaintiffs claim that the School Board, when it established its school uniform policy, agreed not to promote any particular business as a “preferred vendor,” but to use a “competitive market-based model” with no endorsement of specific vendors, according to court documents.

That policy, the plaintiffs contend, allowed families and schools to choose where they would buy their uniforms rather than having the district choose a vendor.

Believing there was a level playing field in terms of competition, the plaintiffs claim they then invested in expanding their businesses, both in terms of equipment and staff, and that in the 2008-09 period, they earned “significant” profits from this business. However, the plaintiffs claim that in May of 2009, Melendez toured local schools with Eddy Barea, president of the Miami-based Ibeley School Uniforms, with Melendez introducing Barea as the preferred vendor.”

Following Melendez’s action and because of it, the plaintiffs claim they suffered significant loss of business and income.

According to court documents, the plaintiffs corresponded with Cheryl Olson, director of purchasing for the Osceola County School District, and that the superintendent had met with the School Board on the issue and ensured the plaintiffs that there would be no further “miscommunication regarding Ibeley as the preferred uniform provider.”

In their lawsuit, the two vendors claim the School Board did not follow its established policy and that because of that action, it caused financial losses to the two companies.

The latest action in the case is the School Board’s motion to dismiss because the plaintiffs failed to state a cause of action, essentially saying the facts of the case are insufficient to justify a right to sue.

Dana Schafer, spokeswoman for the Osceola County School District, said the district does not comment on pending litigation.

Marjorie Guillen-Melendez, Melendez's wife, was appointed by the governor to fill the vacant seat when Melendez was called up for military duty. Melendez has already filed to run in the 2012 election.