After a nearly 3-hour hearing Tuesday, Judge Keith Kyle (pictured) did not rule on the motion to dismiss the defamation case against former Mayor Ray Murphy and former Council member Bill Veach. The suit was filed by former Council member Karen Woodson and current Council member John King over the recall election last year.
Woodson and King allege Murphy and Veach, as co-chairs of the recall committee, defamed them when they claimed they violated Florida’s Sunshine Law, accepted gifts from developers who had business before the council, and instructed town staff to fire employees. While proof was not needed for those allegations to appear on a recall ballot, Woodson and King chose the defamation lawsuit route to fight what they are saying were lies about them. Because, they say, the allegations are lies, Veach and Murphy damaged their reputations in the community.
The bar is high to prove defamation, especially when it involves elected/public officials. The Fort Myers Beach community knows the recall was over development, specifically Seagate. Woodson and King’s yes vote on Seagate fuled the anger in the community but elected officials cannot be recalled over a vote taken while in office. What nobody knows is if Veach and Murphy, or any member of the recall committee, has proof of those allegations. They did not need proof to start a recall. And, they will not need to show any proof if Judge Kyle dismisses the case.
The defense Murphy and Veach are arguing is that by allowing this lawsuit to go forward, the court would be stomping all over their 1st Amendment rights of free speech. It would cause a “chilling effect” in the arena of free speech, specifically political speech. They say by siding with Woodson and King, people will be afraid to speak up in the future. Veach and Murphy’s attorney also stated that his clients have been harrassed over the last several months from this lawsuit.
The recall was over Seagate. The council disparaged 67% of the residents by it’s approval outside of the comprehensive plan. That was the catalyst for the recall.
Any accusations of bribes, gifts etc… are a moot point. Character defamations without proof are a daily occurrence in senate hearings with no repercussions.
The judge has given the four of you fair warning how costly this will be. There are no winners but the attorneys. If you are willing to let them gloat with your money, by all means go for it. The greatest show of your character would have been to accept what the 67% didn’t want. Pride is costly.
The Recall couldn’t be about Seagate, because that was a legitimate Council vote and therefore not subject to the Recall process. We all know the reality and that means a fraud was perpetrated on the Recall Statute and on the Voters of FMB. Your “67%” figure can’t be true either because, according to the Lee County Elections Office, less than 49% of the 3,376 Registered Voters cast a ballot in the Recall. As for Seagate, a Judge ruled that The Town did not depart from the essential requirements of the law in approving the development agreement. Petitioners were not deprived of due process and Competent, substantial evidence supports the Town’s approval of the development agreement, Facts over Fiction!
Why don’t you run again and see if the residents elect you again?
Why on earth would you negotiate with someone who was trying to smear you and your reputation?
Proof, proof, proof – why is it that no proof was needed in the first case (to bring the recall), but proof is needed in the 1st Amendment case? I’m lost!
Two dispirited human beings. May they both get what they deserve. Karma will surely pokes its head out when they are in need. Shameful to the office of any town. Tiny little boys didn’t get their way and threw a tantrum like toddlers. Remember this citizens of the beach you could fall victim to their actions. Any and all of you are in their crosshairs.