Louisiana lemonade company wants Biloxi Shuckers to pay. Here’s why, according to lawsuit

A Louisiana company was all set to sell fresh-squeezed lemonade and candied peanuts in the stands at Biloxi Shuckers games in 2024, but says a deal was nixed.

Now Archie’s Hotdog Island & Catering of Pontchatoula, Louisiana, is suing Shuckers Baseball LLC for breach of contract. The lawsuit, filed in U.S. District Court in Gulfport, says Archie’s is out an unspecified amount of money, along with other business opportunities.

The Shuckers canceled an agreement with Archie’s less than two months after the contract was signed and only weeks before the company was to debut its offerings at a ballgame, says the lawsuit, filed by Brandon H. Riches of the Riches law firm in Ocean Springs.

The lawsuit represents only one side of the case. Shuckers Baseball has not yet filed its response. The Sun Herald has reached out to the company for comment, and to Coca-Cola in Atlanta and the Ocean Springs Coca-Cola Bottling Co., a Shuckers partner that sells and distributes Coke products, according to its website .

Shuckers Baseball, however, is the lone defendant named in the lawsuit.

Why food vendor suing Shuckers

Archie’s, the lawsuit says, sells specialty hot dogs, cheese steaks, nachos and other items at its restaurant, runs a catering business, sells food and drinks at fairs and festivals, and offers fresh-squeezed lemonade at baseball games.

The company inked an agreement with Shuckers Baseball in December 2023 for the 2024 season, a copy of the agreement shows. Archie’s had agreed to pay a $5,000 sponsorship and licensing fee.

“To prepare for this opportunity and put itself in the best position to successfully sell its products at Shuckers games, Archie’s incurred a number of expenses,” the lawsuit says. “These included the construction of a new mobile cart for use at Shuckers games, a redesigned logo for use in Shuckers marketing materials, new graphics to wrap the cart, expenses incurred to hire an additional employee, and the purchase of surplus inventory.”

Owner Everyl-Ann Archibald and her husband, Damian Alexis, put considerable work into getting ready for the first game on Feb. 27, when the University of Southern Mississippi would be playing in the Shuckers’ stadium , Keesler Federal Park. Archie’s also gave up other opportunities, including the possibility of selling lemonade at the Gulfport Sportsplex, so the company could focus on its new business with the Shuckers, the lawsuit says.

In addition to breach of contract, Archie’s is suing for detrimental reliance, or the harm it suffered for relying on the representations of Shuckers Baseball.

If those claims fail, the lawsuit says, Shuckers Baseball should be found negligent.

“Shuckers should have known that its agreement with Archie’s would not be allowed by the Coca-Cola Co., or that performance under the agreement would otherwise be impermissible or impossible,” the lawsuit says.

The Shucker’s website indicates that attendees can find at its food vending locations Coca-Cola soft drinks, Powerade and bottled water, products its Coca-Cola partner distributes. Beer also is sold.

Archie’s is seeking unspecified damages, including fees and costs.