The lawsuit filed by Simply Structures against the Park Archons and the Department of Holidays, Festivals, and Celebrations may “have legs,” according to Delwyn Terrier, founding partner of Terrier, Terrier, Wolfhound and Shepherd.
The suit was launched in November after the construction firm lost its bid to build the prognostication pad for the 2015 Groundhog Day celebrations. Simply Structures has supplied the materials, design, and construction of the pad for over ten years, but it lost the 2015 bid to Nesthetics, a relative newcomer.
At the time of the announcement in mid-October, the Department of Holidays, Festivals, and Celebrations issued a brief statement in which it said it had been impressed by the Nesthetics bid and by the foresight the company had demonstrated with regard to the sturdiness of materials and design.
Among other things, Simply Structures alleges in its lawsuit that the words “sturdiness” and “foresight” are implied criticisms of their company in general and of the 2014 prognostication pad, in particular.
According to its representatives at the law firm founded by Ingmar Prärievarg, Simply Structures believes that it lost the 2015 bid due to the so-called “shadow controversy” of 2014. The controversy occurred when a group of spectators, frustrated by the prospect of having to endure another six weeks of Winter, claimed that the shadow the POPS saw was not her own, but one that appeared as a result of a fault in the prognostication pad.
Despite the fact that a team of shadow experts ruled that it was the POPS’s own shadow and no fault was ever found in the prognostication pad, the impression of liability has lingered. Now, the company is taking action against it.
“Negative impressions stick in our minds. They linger long after they’ve been disproven. That gives great power to innuendo and gossip. In this case, it’s a question of whether or not they can prove those words defame their company. If they can, that will go a long way toward effecting change with regard to how Park law deals with the issue of defamation,” says Terrier.
The case is scheduled to go to trial before Mr. Justice Augustus Dindon in late Spring.

“Shadow boxing” is not a term you would expect to hear from the head designer of one of The Park’s most innovative construction companies. Nevertheless, while pecking away at a sketch, Romulus Bowerbird insists on explaining the concept to me as it applies to the 2015 Groundhog Day prognostication pad: “You have to make sure you don’t contain the shadow … box it in,” he says. “That can lead to an inaccurate prognostication which, as we have seen in the past, can cause ongoing problems. You have to let the shadow spread … the most important thing is to make sure that you allow it enough room to expand.”
Wyatt Whistlepig, Jr. may not be well enough to attend this year’s Groundhog Day ceremonies, according to a recent post on the gossip web site headsNtales.
Pop-up betting booths aimed at encouraging Park Animals and Humans to cash in on the Groundhog Day prognostication of 2017 POPS Ditmar Bosmarmot have been shut down, Park Police announced today.

Simply Structures has filed suit against the Park Archons and the Department of Holidays, Festivals, and Celebrations after losing its bid to construct the prognostication pad for the 2015 Groundhog Day celebrations.
Pop-up betting booths aimed at encouraging Park Animals and Humans to cash in on the Groundhog Day prognostication of 2017 POPS Ditmar Bosmarmot have been shut down, Park Police announced today.



