Lakeside EMS Files Federal Suit Against Effingham County, Niemann

Lakeside EMS has filed a Federal lawsuit against the County of Effingham and County Board Chairman Jim Niemann. The suit alleges improper actions by the County and Niemann to deprive Lakeside of the opportunity to provide ambulance transfer service in Effingham County.

The federal suit comes after the County sought relief in Circuit Court against Lakeside to keep them from working in the County. Judge James Eder denied the County's request for emergency relief against Lakeside operating in the county, but the case regarding other possible action is still pending.

Lakeside EMS Owner/Operator Jerrod Estes said in an e-mail that his Federal suit was filed "In light of the consistent targeting and bullying our company."

A matter in question is that the County has not issued Lakeside a "letter of authorization" to operate in Effingham County. Lakeside, based in Sigel, alleges that a number of other ambulance services provide transfer service in and out of the county and they don't have a letter of authorization. The Lakeside suit alleges that they only provide transfer service.

Abbott is designated the sole provider of emergency ambulance service in the county. The other services are still handling transfer calls along with Abbott. Since Lakeside has only been operating since July, there has been indication that the other services are being grandfathered in, but not Lakeside. Another matter argued in a hearing concerning the circuit court case is that Lakeside has conducted a "guerrilla-style marketing campaign" where Lakeside was leaving literature about its service in the hospital.

County officials have indicated that the County needs one qualified emergency ambulance service to make sure there is enough business to make it worth the service's while to operate here.

Lakeside's Federal suit, though, alleges that the County is working "solely for the benefit of Defendant James Niemann and his relatives", some of whom work for Abbott.

Lakeside is seeking damages and asks the Court for an injunction preventing the County and Niemann from enforcing the county ambulance ordinance against Lakeside, order the County to issue a certificate of authorization to Lakeside to operate in the county, and award Lakeside attorneys' fees.

In a statement released Tuesday night, Niemann said, "These allegations are absolutely false. I believe this is politically-motivated by naming me personally four weeks before an election and in so doing, it is an attempt to influence the election by accusation without due process of law. I find it very curious that the press was contacted about this immediately after the filing, as well."

Niemann spoke with Effingham County State's Attorney Bryan Kibler about the lawsuit. Niemann said, "(Kibler) said it appears they named me personally because they feel I am favoring Abbott Ambulance Service because one of my 50 or so first cousins works for Abbott."

Niemann said he not only wants a trial, he demands one.