FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit – FOX 4 News Fort Myers WFTX

CAPE CORAL, Fla. A man removed from a Cape Coral City Council meeting has filed a lawsuit against the City of Cape Coral and its city council members.

Last October, the Cape Coral Police Department removed Scott Kempe from a Committee of the Whole meeting following a heated argument over the new design of Jaycee Park.

Kempe refused to sit down during the discussion of the design - and kept his back to the council.

After being asked by Cape Coral Mayor John Gunter to turn around, the mayor asked police to take him out of the room.

RELATED: CAPE CORAL | Man removed from public meeting during heated debate over new Jaycee Park design

Five months later, Kempe is now the plaintiff in a lawsuit against the city.

You can read a portion of the documents below:

Scott Kempe vs. City of Cape Coral

RELATED: CAPE CORAL | Man escorted out of city workshop defends his actions

The lawsuit going on to say that though Lee County prosecutors properly dismissed Kempe's arrest, the council continued to assert that they could ban him from attending future council meetings and amended council rules to ban others from meetings in future meeting - a violation of the First Amendment, Kempe's team argues.

As part of our previous reporting, the city provided a statement to FOX 4 as a spokesperson said it was within their legal right to remove Scott Kempe from the workshop.

Below is the full statement:

Therefore, an individuals refusal to comply with the City Council Rules will give rise to that person being escorted from the City Council Meeting Chambers by the Cape Coral Police Department.

Kempe has filed preliminary injunction to stop the City of Cape Coral and Cape Coral City Council from continuing to enforce rules banning members of the public from future open meetings based upon past conduct.

He is also seeking the following:

a. Compensatory damages; b. Appropriate injunctive relief c. Declaratory judgment d. Invalidation of official acts taken in violation of Florida law e. Interest f. Nominal damages g. Attorney fees h. Costs and expenses; and i. All other relief this Court deems proper.

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FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit - FOX 4 News Fort Myers WFTX