Credit: File: Tim Neewcomb

In early March, Barbara Ernst and Barbara Supeno filed a lawsuit in Addison Superior Court alleging discrimination and outright harassment on the basis of sexual orientation by town officials and neighbors. The couple, known as “the Barbaras” by many in town, alleged that selectboard chair Jeff Kauffman and others had repeatedly made prejudicial zoning decisions, retaliated against the couple for a discrimination complaint they’d filed with the Vermont Human Rights Commission and unfairly increased the valuation of their property.

The accusations attracted some local and national headlines. But when Seven Days headed to Addison to scope out the scene, the story that emerged was far more complicated. Town officials denied any harassment or prejudice. Town records showed long-standing conflicts over development and zoning decisions on Fisher Point Road, where Ernst and Supeno lived amid several modest lakeside camps.

The dispute, some officials and residents said, wasn’t about bias, but about the accumulation of ill will between neighbors of different classes and backgrounds who were bickering over fences, rights of way, trespassing and efforts to improve properties.

UPDATE: Court documents are flying back and forth in the case, which is now before the Vermont District Court. The defendants deny virtually all of the Barbaras’ charges, and claim lack of knowledge or sufficient information about others.

The defendants also filed multiple motions to dismiss — one of which, pertaining to a small section of the overall lawsuit, was granted. Early on, selectboard chair Kauffmann and his wife, Carol, even requested their own “compensatory damages,” alleging that Ernst and Supeno “scoured the internet to find information about us, and caused a negative stereotype within the media, our community and school district.”

The case is tied up in an appeals court, waiting for a ruling on one motion. Ernst and Supeno’s lawyer, David Bond, predicts a drawn-out fight; he expects the case won’t be argued until 2016.

In the meantime, there’s still drama on Fisher Point Road, where Ernst and Supeno live. Last spring, Ernst and Supeno lodged a number of complaints with the Vermont Agency of Natural Resources alleging wastewater and water violations at a neighbor’s property. Gary Kessler, the director of the compliance and enforcement division at the Vermont Department of Environmental Conservation, responded, saying the complaint had been investigated, no violations were found and the case was closed. In turn, Ernst and Supeno emailed other state officials asking them to stop “Gary Kessler and the DEC officials you work with from continuing to retaliate against us and harass us for reporting these failed systems.”

“We’ll find something if there’s something to find,” Kessler told Seven Days. “There really was no violation. It was just a false alarm, and a five-alarm-fire false alarm.”

Neighbors responded with complaints of their own to DEC, alleging that Ernst and Supeno were in violation of water and wastewater permits at one of two homes they own on Fisher Point Road. Neighbors also complained that Ernst and Supeno were advertising their second rental home as having more bedrooms than allowed in the home’s wastewater permit.

Ernst and Supeno originally turned away the DEC employees charged with investigating their neighbors’ claims, threatening to call the police, according to an affidavit later filed by one of the DEC employees. The investigators returned in September, accompanied by two state troopers, and found evidence of three water and wastewater violations, according to an emergency order issued by the environmental division of Vermont’s superior court.

The court ordered the women to cease using the town water supply until the violations could be fixed and to stop renting their second home as anything but a one-bedroom cottage. Kessler said Ernst and Supeno applied earlier this month for the necessary permits for the property.

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This article appears in Dec 24-30, 2014.

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Kathryn Flagg was a Seven Days staff writer from 2012 through 2015. She completed a fellowship in environmental journalism at Middlebury College, and her work has also appeared in the Addison County Independent, Wyoming Public Radio and Orion Magazine.

6 replies on “Update: ‘Barbaras’ Lawsuit Drags On Amid Lakeshore Drama”

  1. It is really sad that these two women lead such empty and hostile lives that they need to cause disruption and misery to others. For any brave souls who know them, could you suggest a pastime such as a charitable organization that could use pit bull types as advocates? If they harnessed all of their negative energy to do good, I think it would end up making them happier people. Their hateful and spiteful actions don’t seem to have satisfied them thus far, maybe Ernst and Supeno would be willing to try a different way to fulfill the last part of their lives. Wouldn’t it be miraculous if we could help turn two witches into wine?

  2. Wouldn’t it be miraculous if the town regulatory officials would DO THEIR JOB and apply the regulations equitably amongst the citizens?? As for the article, Kathryn Flagg sadly resorts to sensationalist, incomplete, therefore inaccurate reportage, all indicative of her lack of integrity as a reporter. No surprise that Ms. Flagg’s reporting favors the defendants as, in all legal cases, the defendants are the ones who have their backs against the wall and are, therefore, more than willing to spout whatever gibberish they can to make themselves appear to be the upstanding, law-abiding party. Quite the contrary (READ the lawsuit) in this instance, and if Ms. Flagg were to practice due diligence in her reporting, her article would have read quite differently. Namely, that there has been REPEATED AND SYSTEMATIC discriminatory application of town regulations against just about EVERYTHING the Barbaras have done with their property. They endured relentless and unjustified harassment during the construction of their guest house and this harassment continues to this day. Any fool can see that they have improved the neighborhood far beyond what their neighbors have done by adding a lovely guest house on the lake front.
    Town regulatory officials have REFUSED to hold other citizens to the same standards that they demand of the Barbaras. There ARE REGULATORY VIOLATIONS OCCURRING ON NEIGHBOR’S PROPERTY that the town officials REFUSE to address. Maybe Ms. Flagg could invest some time and effort here, you know, really get to the bottom of this. This would, of course, require more effort than perhaps she is willing or capable.
    Suffice it to say, Ms. Flagg’s article is irresponsibly filled with inaccuracies and intentionally provocative language. It’s unfortunate, in the interest of good journalism, that she doesn’t seem able to report a story based on current and objective information.
    As for “turning witches to wine,” as per the uninformed and gullible Penelope in the previous comment to this article, who’s looking into finding out who the hateful bigot(s) was who spray painted the “I ‘heart’ fags” graffiti on the town offices parking lot? Graffiti, which by the way was allowed to stand for several years. I can’t help but wonder what the town’s response would have been had someone sprayed “I ‘heart’ niggers,” or I ‘heart’ spics,” or I ‘heart’ wops,” or I ‘heart’ chinks.” Would they really have found it to be such a difficult task to remove such disgusting and hateful language as they found the task to remove the anti-gay language?
    There are serious issues at hand in this lawsuit, as anyone who actually READS the lawsuit in its ENTIRETY will see. Rather than spout ignorant assumptions regarding a legal case that may, in time, reveal that among town officials, there has been conspiratorially pervasive discrimination, not to mention incompetency and failure to equitably apply the law, let’s just let this play out and, yes, let our LEGAL SYSTEM run its course. This is how we do things in this country, remember? How refreshing it could be to have town officials who actually work to uphold town LAWS and REGULATIONS EQUITABLY among ALL OF THE CITIZENS in Addison. How refreshing it would be, too, to have a reporter and publisher at Seven Days who would truly apply due diligence in gathering accurate and up-to-date information BEFORE they concluded that an article warranted publication. Gossip and incomplete therefore inaccurate information, do not a journalistically sound article make!

  4. Seems that the gullibles who fall victim to lapping up biased, poorly researched articles prefer to spend their time “clicking” their “likes” and “dislikes” rather than devoting their efforts to more constructive pursuits. How about cleaning the rats out of Addison’s selectboard and regulatory agencies? Anyone up for a “witch” hunt to rout out the bigot’s?

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