BIRMINGHAM, Alabama – The famed San Antonio artist who designed the LightRails lighted art project in the 18th Street underpass near the Birmingham Railroad Park is suing REV Birmingham for not using him for future LightRails projects, unethically going instead with a REV board member's company.

Artist Bill FitzGibbons filed the lawsuit Dec. 17 against REV Birmingham, Mayer Electric and Nancy Goedecke, Mayer chief executive and REV board member, in U.S. District Court for the Western District of Texas in San Antonio.

In the lawsuit, FitzGibbons contends he was hired to do the initial LightRails project (then under the working title of “Birmingham Lights”) with the promise of future projects as funding became possible.

“REV Birmingham Inc. hired internationally-known light artist Bill FitzGibbons to design, construct, and install the LightRails project in the 18th Street underpass in Birmingham, Alabama between Railroad Park and Powell Avenue Steam Plant, the first of four proposed LightRails projects to be created and installed by FitzGibbons,” the lawsuit claims. “REV Birmingham had FitzGibbons start on the design for the 14th Street underpass with the understanding that two more underpasses in Birmingham would follow if funding became available.”

But, the suit claims, Goedecke and Mayer undermined FitzGibbons to win future projects after the success of the first.

“However, after the 18th Street LightRails in Birmingham was completed, Nancy Goedecke ignored a conflict of interest she had and unethically used her position on the board of REV Birmingham to divert future LightRails projects to her company, Mayer Electric Supply Company Inc., for her personal gain,” the lawsuit claims. “Goedecke and Mayer Electric, with the assistance of REV Birmingham, essentially stole the artistic creation of FitzGibbons.”

The lawsuit filing includes copies of emails in which REV Birmingham officials imply future projects would come following the initial LightRails project. The actual agreement with FitzGibbons, however, only specifies the initial 18th Street LightRails.

But FitzGibbons’ attorney said in an email Friday there was clearly an understanding the artist would do three more.

“At some point along the way REV Birmingham wanted the first one completed with a grand opening to get publicity to help fundraising for the remaining three underpasses,” Ted Lee, FitzGibbons’ attorney, said in the email. “The grand opening of the first LightRails for the 18th Street underpass was a huge success with extensive publicity.”

Lee said the artist did the initial work for the other underpasses.

“REV Birmingham even requested that FitzGibbons start on the other underpasses, which he did,” Lee said. “All information concerning the LightRails project, including pricing, programming, switches, layout, fixtures, etc. was given to REV Birmingham at their request and under the belief that he was going to be awarded the remaining three underpasses to furnish with LightRails.”

David Fleming, chief executive of REV Birmingham, said Friday he has not been served with the lawsuit.

“We have not yet been served with a suit by Mr. FitzGibbons,” Fleming said. “When we are served, we will review and respond appropriately.”

The lawsuit claims a REV official encouraged FitzGibbons to purchase the lighting fixtures through Mayer Electric. However, according to the lawsuit, FitzGibbons typically buys the special fixture straight from the manufacturer to save clients the costs of markup.

The lawsuit claims REV officials and Mayer persisted in getting fixtures for the 14th Street underpass and future projects purchased through Mayer.

That persistence culminated in a meeting the morning after LightRails was publicly unveiled.

“At the meeting, Goedecke was upset because FitzGibbons did not purchase the light fixtures from Mayer Electric,” the lawsuit claims. After FitzGibbons explained he can purchase the fixtures at the same cost as Mayer, the lawsuit said, “The meeting concluded with Goedecke stating, ‘It looks like we are competitors,’ or words to that effect.”

The lawsuit claims FitzGibbons was informed Nov. 1 he would not be creating the remaining three underpasses. FitzGibbons believes REV Birmingham plans to use his design and the details of a proposal he submitted for the 14th Street underpass only to let Mayer Electric do the work.

Goedecke had not responded to an email seeking comment late Friday.

“This lawsuit is really about ethics,” Lee said in his email. “The problem is the ethical violation damaged my client.”

The lawsuit claims a civil conspiracy, tortious interference with a business relationship, federal unfair competition and unjust enrichment.

"Nancy Goedecke has a conflict between her position on the board of REV Birmingham and attempting to get REV Birmingham projects for her company, Mayer Electric,” Lee said. “Employees of REV Birmingham knew about the conflict, but still pressured FitzGibbons to buy light fixtures from Mayer Electric. When FitzGibbons did not purchase from Mayer Electric, he gets terminated.”

In addition to seeking damages, triple damages, punitive damages and attorneys’ fees, FitzGibbons’ lawsuit asks the court to:

Direct REV Birmingham not to use Mayer Electric or Goedecke for the lighting of any subsequent underpasses due to the conflict of interest by Goedecke;

Order information derived from FitzGibbons in the creation of the 18th Street underpass and the proposals for the 14th Street underpass not be used by REV Birmingham or Mayer in any manner whatsoever, including subsequent LightRails projects.

Order REV Birmingham to not create a likelihood of confusion, mistake or deception between the LightRails project designed, created and installed by FitzGibbons with any other lighting project; or approval of any goods or services as coming from FitzGibbons.

Order that future LightRails projects, or similar projects, not be substantially similar to the LightRails designed, created and installed by FitzGibbons at the 18th Street underpass.

FitzGibbons be awarded the profits or benefits received by defendants as a result of their wrongful acts plus interest and “other and further relief as the court may deem just.”

“It is my client’s belief that if he had bought the light fixtures from Mayer Electric, the LightRails project would cost more due to normal markup by Mayer Electric and Goedecke’s company Mayer Electric will now be supplying the fixtures for the remaining three underpasses,” Lee said. “It is also my client’s belief that plans are underway to duplicate his artistic creation on the remaining three underpasses.”