An Orange County Superior Court ruled against a local lesbian business person who filed a multi-million dollar lawsuit against Cingular Wireless claiming breach of contract, fraud and discrimination based on gender and sexual orientation.

“Unfortunately, the verdict was in favor of Cingular,” said Andrew Skale, attorney for Sonic TCM, Inc.

In January 2004, Sonic TCM was contracted by Cingular and Opus Engineering, a subcontractor of Cingular, to provide site acquisition, zoning, architectural, engineering, construction and development of approximately 176 antenna sites throughout Orange County, according to court documents. The business arrangement ended in September of that year when Sonic alleges Opus and Cingular refused to uphold their end of the contract.

In addition to fraud and breach of contract claims, representatives of Opus allegedly threatened to bar Sonic from future contracts or bid opportunities, including the projects already granted to Sonic, unless Sonic agreed to exclude Sonic Vice President Lisa Marcaurelle, a San Diego resident, from working on the projects. Sonic believes that these threats were made because Marcaurelle is a female and a lesbian.

Court documents cite John Kelly and Kevin Herring, both Opus managers, making derogatory comments about Marcaurelle to John Milisitz, Sonic president and CEO.

“You can’t bring that bulldog dyke if you want a chance at this project. Her voice makes me want to throw up,” was one comment allegedly made by Kelly.

One of Herring’s alleged comments was: “I thought I made it clear to you that I don’t want that lesbian bitch on my project. You won’t get another bid … if she shows up again.”

The case went to trial in January of this year, and a jury reached its verdict in favor of Cingular on Jan. 31. The case, Skale said, is not over yet.

“We’re considering all of our options,” he said.