In Cape Coral, Florida, a man who was removed from a Cape Coral City Council meeting has initiated a lawsuit against the City of Cape Coral and its council members.
Last October, Scott Kempe was escorted out of a Committee of the Whole meeting by the Cape Coral Police Department after engaging in a heated argument regarding the new design of Jaycee Park. Kempe refused to sit down during the discussion and turned his back to the council members. Cape Coral Mayor John Gunter asked Kempe to turn around, and when he didn’t comply, the mayor requested the police to remove him from the room.
Five months later, Kempe has filed a lawsuit against the city, alleging that his removal from council meetings and subsequent arrest violated his First Amendment rights. The lawsuit contends that governments cannot ban individuals from open meetings under the First Amendment, nor can they arrest people for peacefully attending such meetings.
Although Lee County prosecutors dismissed Kempe’s arrest, the lawsuit asserts that the council continued to assert its ability to ban him from future meetings and amended council rules to ban others, which Kempe’s legal team argues is a violation of the First Amendment.
In response to previous reporting, the city stated that it was within its legal right to remove Kempe from the workshop, citing the need to ensure compliance with the council’s rules and maintain an orderly conduct of business.
Kempe has filed a preliminary injunction to halt the enforcement of rules banning members of the public from future open meetings based on past conduct. He is also seeking compensatory damages, injunctive relief, declaratory judgment, invalidation of official acts taken in violation of Florida law, interest, nominal damages, attorney fees, costs, expenses, and any other relief deemed appropriate by the court.
