LEMASTERS CLAIM IN LAWSUIT THEY WERE VICTIMS IN 2019 ON INTO THIS YEAR, OF MULTIPLE ROUNDS OF INTERFERENCE AND RETALIATION BY JUDGE CARTER AGAINST THEIR TOWING BUSINESS AND LOCAL FIRE DEPARTMENT LED BY THE HUSBAND
A Lawrence County couple who own a local towing business have filed a federal lawsuit against Lawrence County Judge Executive Phillip L. Carter, whom they alleged in their suit complaint interfered and caused economic damage for them by losing business due to his actions
Billy Lemaster and Amanda Lemaster,, who own Lemaster Towing and Recovery, filed their lawsuit against Judge Carter on Friday, February 7, in U.S. District Court in Ashland, Ky. both individually and in his official capacity.
Both of the Lemasters’ say in their suit complaint that their towing service is on the call list that is maintained by Lawrence County and used by emergency personnel when a tow is needed by local law enforcement.
“Prior to interference by the Lawrence County Judge Executive, Phillip Carter, Lemaster Towing would receive five to six towing calls per month from the county needing towing services,” the lawsuit stated. “However following the interference by Carter with the towing call list, Lemaster Towing started receiving zero to as little as one call per month.”
The lawsuit said the Lemasters’ are entitled to free speech protection against Carter’s retaliatory administration of the county’s towing service call list and have been forced to file suit for his continued interference with their business relations.
Lawrence County E-911/Emergency Management maintains a rotation list used to allocate towing services to assist police officers in moving stranded vehicles throughout the county, the lawsuit states.
Each company on the list is approved by the Lawrence County E-911 director, the lawsuit stated.
If a request is not made at the scene for a specific towing company, dispatch will refer to the rotation list to retain services of an available towing company in rotation, the lawsuit stated. If a towing company is unavailable for dispatch, the dispatch caller will proceed down the call list until an available towing company is retained to go to the scene, the lawsuit stated.
Lemaster Towing & Recovery is one of six towing companies on the list maintained by the county and it costs $3,800 per year to maintain the insurance required to remain on the towing rotation list, the lawsuit said.
The lawsuit said when Carter was elected to the judge executive office in January 2019, the couple expressed concerns to Carter that they were receiving “very little or no calls” from the county using the towing call list. Judge Carter told them he would investigate and make sure they began receiving more towing calls, the lawsuit stated.
In April 2019, Billy Lemaster “expressed his personal opinions on Facebook concerning a recent firing of a Lawrence County Emergency EMS employee and was critical of the County’s decision,” the lawsuit said. “On April 14, 2019, Defendant Carter called Billy Lemaster and demanded that he remove his Facebook post concerning his personal opinions because of the post’s poor reflection on Defendant Carter as Judge Executive. In exchange for removing the negative Facebook post, Defendant Carter told that he would go the Lawrence County EMS office the next morning to make sure Plaintiff began receiving more towing calls. Plaintiff Billy Lemaster agreed to remove the negative Facebook post according to Defendant Carter’s wishes.”
The lawsuit says Judge Carter went the next day to the Lawrence County EMS office to “fix the issue with the tow call list and make sure that the Lemasters began receiving more calls, the lawsuit stated.
The Lemasters’ company began receiving more calls from the list and that they had a maintained “steady volume” of calls on throughout the summer of 2019.
In September 2019, the Lemasters alleged in their lawsuit that Judge Carter began “substantially interfering” with operations at the Cherryville Fire and Rescue, where Billy Lemaster was serving as the fire chief of the department at that time.
The Lemasters said in their lawsuit that they discovered that Judge Carter had informed the Lawrence County EMS dispatch that the Cherryville Fire and Rescue would not be responding to emergency calls.
“Plaintiffs learned that such interference by Defendant Carter caused a house to burn to the ground because the EMS dispatch was directed not to dispatch the Cherryville Fire Department,” the lawsuit stated.
Billy Lemaster resigned as the fire chief of the department in September 2019, due to the conflict with Judge Carter, but Billy Lemaster is still involved in the operations of the fire department,” the lawsuit stated.
The lawsuit says that the Lemasters discovered that Judge Carter called the Kentucky Fire Commission to have the Cherryville Fire and Rescue audited. Once the audit was completed, the information was relayed to Judge Carter, the lawsuit stated.
Judge Carter had no “reasonable justification or authority to command such an audit,” the lawsuit stated.
In January of this year (2020), Judge Carter “caused the Kentucky State Police to show up at the Cherryville Fire Department where Billy Lemaster was employed in order to inspect the premises, which is a task designated to the Kentucky Fire Commission,” the lawsuit said.
Also in January 2020, the Lemasters received a phone call from the Lawrence County Sheriff, Chuck Jackson, asking them why he was getting calls from Judge Carter, requesting that Sheriff Jackson to do an inventory of the Cherryville Fire Department.
“On January 17,2020, Plaintiffs received a call from the Lawrence County Department that Defendant Carter instructed the Sheriff’s Department to cut the locks off the doors to inspect the Cherryville Fire and Rescue, having no right, justification or authority to make such commands,” the lawsuit said.
The lawsuit alleges that ever since Judge Carter’s interference with Billy Lemaster at the Cherryville Fire Department, the Lemasters’ experienced a sudden drop in the amount of towing calls they were receiving from the county starting in September 2019.
“Plaintiffs discovered that in September of 2019, Defendant Carter told dispatch at Lawrence County EMS to not call Lemaster Towing when law enforcement needed towing services, directing the dispatch callers to skip Lemaster Towing and call the next company on the list,” the lawsuit stated. “Currently, Plaintiffs continue to receive zero to one towing call per month because of the interference with Defendant Carter and continue to experience conflict at the volunteer fire department where Mr. Lemaster was previously dedicated.”
The lawsuit by Billy and Amanda Lemaster was filed on their behalf by Grayson, Ky. attorney William H. Wilhoit, that seeks, among other relief, compensatory and punitive damages, and a jury trial.
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A lawsuit describes only one side of a case. Judge Carter has been asked for a response and we will post it as soon as we get it.
if this is true sounds to me we need a recall
or the city residents will have to pay for a lawsuit settlement
What are you even talking about? Your post makes no sense!
went over your head doesn’t surprise no one
if I wasnt a idiot I would no Kentucky dont have a recall law
The fire department receives fire taxes from the county and through the fiscal court. The fiscal court can do an financial audit on any fire dept receiving such funds at any time without approval from the fire commission. The fiscal court can also investigate any purchases made with the fire tax money if they have concerns or suspecting fraud. This lawsuit is BS. No grounds for such a lawsuit. This will be dismissed.
It has also been said the folks serving on the fire dept are not properly trained/certified, if this is the case the fiscal court can stop the fire dept from responding due to liability and insurance concerns. The court does not need fire commission approval to do this.
I would like to hear a response from the county attorney in regards to this “so called lawsuit”.
Donald you are shall we say WRONG, you need to read ordinance #04-004 Amended ordinance 16-001. The fiscal court is entitled to a financial report once per year, that is the only requirement stated. The fiscal court and especially King Carter has no right to interfere with that FD. Also if the FD has their insurance within an independent carrier as many do your wrong on that point also. King Phillip thinks he is above the law like his heros by-by Bevins and Donnie tRump. We shall see!
Carl shall we say you’re an idiot? This isn’t about a volunteer fire department, but you and others on here just cant understand it can you? You are like every liberal I know (including that crazy train running for POTUS), you fixate on one thing and its all you see! If a fire department gets taxpayer funding, you just lied, and liberals are noted for lying! The thing is Carl, this is not about a fire department at all. You didn’t or couldn’t read the article could you?
I’m not concerned with your ordinance. State law -KRS 65.065 overrules any local ordinance but again I’m sure your fire dept wasn’t meeting the defintions as set forth in the KRS either.
If the Lemasters only towed for the county.No wonder they lost money.Why would anyone with a business.Depend on just the county work to keep them up.Sounds like a fishy law suit to me.
They didn’t. Towing for the county was a part of their business.
Any idiot would understand that they do not depend solely on county towing business. They will tow for anyone that calls, but the county business is a big plus for their business. It is not fair that they be ignored on the county rotation list.
As someone who lives by the fire dept there is no way I would want them to help with a fire etc the building is sitting empty and has for almost 2 years! When you keep all the equipment at your home and only brings it to the station for inspection or for looks when getting checked up on you have everything for personal use however you are no longer chief!
The lawsuit isn’t about a damn volunteer fire department, CAN YOU READ? Its about a towing service and a vindictive Judge Executive! If what they say is true, Judge Carter, could find himself in a big world of hurt. I’ll bet he knows it too!
Charles and Phil
“The lawsuit alleges that ever since Judge Carter’s interference with Billy Lemaster at the Cherryville Fire Department, the Lemasters’ experienced a sudden drop in the amount of towing calls they were receiving from the county starting in September 2019.”
Sounds to me like it did involve the Fire Department! Maybe you two should read.
Carl you are wasting your time trying to explain anything to Charley or Philly beyond there capabilities
Carl, the fire department issue is to show additional bias on the part of Judge Carter, against Billy and Amanda, in the legal world its called supplemental evidence. In a civil suit one must show a preponderance of evidence, not proof beyond a reasonable doubt used in a criminal case, only 9 jurors must agree in a civil trial, not all 12 as a criminal trial requires. The Lemaster family is using the fire department issue, as used to supplement evidence that Carter is discriminating. They also used Facebook posts as well, this isn’t about Facebook either. Some people can read, but not understand what they read.
Carl, you cant receive punitive damages or lost wages (compensatory), from a ‘volunteer’ fire department, they pay volunteer’s nothing.
Shut the **** up (Stacy ) you are one of the problems with the fire department. Running your mouth is a problem. And park junk rt up next to the building so they don’t have room to even have room to park or have room to work on them fire trucks . If you was really concerned move that shit and give them room
Phil Shivley,
It’s about the county judge holding the fire dept members responsible for their actions and the former chief and his wife are trying to retaliate against the judge for holding them responsible. That’s what is about. Can you not read between the lines? This so called law suit will be dismissed and no I’m not a republican or a trumper but I totally agree with the judge on holding fire depts. responsible for our tax monies.
I am a Republican and a Trump supporter. I also have a Masters Degree, I don’t need to read to read between the lines Donald. I can read simple English, and one cannot seek compensatory and punitive damages against an act against a volunteer agency from which they receive no compensation, as far as punitive; there would be no harm if the volunteer fire department were shut down entirely. The only compensation that could be argued is that of the towing service, the only punishment (punitive), is against the towing service. As I said, the fire department is being used as collateral evidence that the judge was retaliating against Billy and Amanda Lemaster, over a Facebook post, that “a recent firing of a Lawrence County Emergency EMS employee and was critical of the County’s decision” was alleged to have been made by Billy Lemaster. And said post effected the business of the Lemasters “whom they alleged in their suit complaint interfered and caused economic damage for them by losing business due to his actions”. Why can you people not understand something so simple? One can’t lose business from a volunteer fire department, It’s NOT A BUISINESS. Good God!
It’s a pool of state and county money used to pay for fuel .eq. Trucks and ems eq carter was fishing for missing money to hold over lemasters head to allegedly blackmail him into submission . Political control of money used by vol fire dept gives you control over votes that is corruption , using the withholding of funds to force political quid pro quo is a financial damage to the fire dept mission to protect the public . The people with the real law suit is home owners who’s house Burnt .
And you trust these people with your taxes , this is the good ole boy squeeze control everything in county you control not only the money but the votes . You want to work, eat, live you toe the line . You don’t you stand in Wellfare line . These types only want progress that fills there pockets like kick backs on gov projects . County and state programs . I think it’s time to audit the county . The audited the sheriffs offfice ! You dig around in county coffers you find a black hole of no jobs no hope and no future called larwrence county ky . And a few fat cats !
Oh man this county is pathetic. I’m not referring to the Lemasters. They have every right to sue.
I have worked for Phil carter and known bill lemaster for years. Phil carter is a no good piece of garbage. He is a evil spiteful crook. Bill lemaster and his wife are damn good people who fell victim to carter. If Phil dont get his way he gets mad and trys to screw people over.
this is a 100% abuse of this judges power. He should be replaced. And EMS services in LC is a joke. I’ve personally called for a break in and was asked ‘do you really need us’ this county is ridiculous!
Could it be…you called Emergency Medical Services because of a crime? EMS is for medical emergencies.
Exactly Spoons!!! Heard of several people’s homes being broken into and the Sheriff and his deputy not doing a report if nothing was known to be missing. That is ridiculous!!! Doesn’t matter if anything was taken or not it is still a crime and a report should be done. Oh but wait…if they don’t do a report so it can be tracked they can say we don’t have a problem i the county things are so much better. What a joke they have become but hey that is who people wanted working for them…their buddy.
Yep. Same here. No report. Nothing. Actually the LCS even made the comment how it was a waste of his time. WHAT?!? And to top it all off found the guy who was actively calling my house, they simply drove over and said to ‘stay away’…wow….pause for reaction. I have a home w children who go to counseling now because of this. Just another shining example of how crooked it truly is. Oh and P.S to this day nothing was EVER done.
And I had damage!
Spoons, you are the biggest drama queen on earth. Your children need counseling because someone called your phone? I would guess there’s a reason your a SINGLE parent, I’ll bet he beat you…didn’t he?
I’m being dragged into this to simply because I have property that is adjacent to the fire dept. I own the property right at Donithan Rd and 1690. Well Phil and minions think they’re going come through my property because of the issues with Ronnie and Stacy Jordan. Well I have to say NOT GOING TO HAPPEN!! The only way they’re going to get that access is if they buy the property off me! I’m tired of this shit and I have to say one thing, try, just try to come onto my property and you’ll see my wrath! I don’t bother anyone and expect the same Iin return!! Go ahead and piss me off you all! I’m not above kicking anyones ass, especially when I know I’m justified!! Everyone involved this isn’t a threat, it’s a promise!!! Rolanda