If we strive to achieve a goal and fail to reach our
objectives, some would identify us as losers. If, in some athletic endeavor, we finish in any position except first
place, some would identify us as losers. If something we have come to rely upon is taken from us, are we not also
losers, rather than victims?
On the average day, over 10,000 individuals visited the Timeshare Beat web-site. In the last year over 4,000,000
did so. These individuals came to rely upon the Beat as the source of daily news and information regarding the
entire spectrum of the timeshare / vacation ownership industry, and more. If you are reading this column you are
one of those individuals. For almost 350 weeks, I have been allowed to record my opinions on whatever I found of
interest in the industry, to express my view of the good, bad and ugly. And to expose the life lessons that came
my way from various mentors, especially my Pop. Not once in all those weeks did the Publisher and/or Editor of
The Beat attempt to control the subject I chose for any With Regards.
Anyone who is a frequent reader of the Beat (and possibly my column) knows that I am a strong supporter of and
active within, the American Resort Development Association (ARDA). While the Publisher and/or Editor of the Beat
do not share my enthusiasm about ARDA, they have never once failed to publish any news release submitted by ARDA
or attempted to modify my expressions concerning ARDA activities. Anyone who is a frequent reader of Street Talk
knows that much of my activity and/or what I expressed in With Regard have not been well received by many who are
active on its blog. Still no one associated with The Beat attempted to muffle me.
What I am getting to in a roundabout way is that for years Rod and Andrea Hackman provided in the Beat, the opportunity
for anyone in the industry (or its fringes) a forum to express their thoughts, frustrations, ideas, hopes, dreams,
concerns, questions, comments, and/or news. They facilitated the epitome of Freedom of Speech and by doing so they
exposed themselves to a justice system that failed them because of an inequity of funds between plaintiff and defendant.
This is not supposed to happen in our system; however, we all know that lady justice most often tilts to those
who can afford representation equal to the task of manipulating the circumstances to make their case. In the end
of this case, the plaintiff prevailed and a judgment was rendered against the defendants.
FINAL THOUGHT
While the plaintiff prevailed in the case of Thomas J. Flatley vs. Timeshare Beat (et al), the judgment rendered
far exceeded the assets of the Beat and the Hackmans. Under these circumstances, filing bankruptcy was necessary
as was the decision to cease publication of The Beat. The reality - there was no winner, only losers.
While we are all losers, no one's assets were affected except those of The Beat and the Hackmans. None of us stepped
forward to offset the inequity of funds between plaintiff and defendant until after the fact and then, it was too
late. I am sure that Rod and Andrea appreciated the good words offered on Street Talk; however, good words and
expressions of outrage were not redeemable in their bank account for the purpose of covering the cost of litigation
by attorneys who had a real interest in seeking justice for them (and us).
In reality; Street Talk will continue to provide a forum where individuals, using anonymous names, can vent and
where the Shadow may be found lurking around. The Timeshare / Vacation Ownership industry (including ARDA) will
find other places to send their press releases with the hope that they get published one day. Those who advertised
on The Beat will find other places to run their stuff. We will find other places to seek insight from the likes
of Tom Huheey, about what's going on in our Nation's Capital. We will eventually find a source, other than Simone,
to read about Europe and all it has to offer. Who knows what will happen with respect to the ramblings of Jerry
Sikes as this will officially be the very last With Regard to appear on The Beat. However, Rod has assured that
all the Beat Archives will remain available for so long as Andrea and he can maintain their web hosting contract
or until their domain name is seized.
Beginning in 1999, the Timeshare Beat attempted to be a resource for information covering everything happening
in our industry. Everything has included the good, bad and ugly. When Friday, December 1, 2006 becomes history,
I am afraid that few publications will routinely present the bad and ugly, for fear that they will expose the publishing
entity and themselves personally, to the wrath of those who purported those acts.
This will be the ultimate abatement of consumer protection that the justice system totally failed to consider when
the final judgment was rendered concerning this issue. We know where Thomas F. Flatley (evidenced by the Epic Bankruptcy)
stood with respect to consumer protection.
ALOHA --- Jerry Sikes 12/01/2006