Former Fort Myers Beach Town Councilman Bill Veach has been saying all along that he doesn’t need proof that current council members John King and Karen Woodson violated Florida’s Sunshine law or accepted gifts from developers. And that’s the basis for his motion to dismiss the lawsuit against him and former Mayor Ray Murphy.
In a motion filed with the court last night Veach and Murphy state the lawsuits against them should be dismissed because “it misstates black letter Florida Law and is an effort to improperly use the courts to take away the absolute right of the voters to decide if they wish to retain or recall the elected officials.”
King and Woodson have filed a lawsuit against Veach and Murphy in their capacity as co-chairs of the committee to recall them. They are asking the courts to step in and end the recall, claiming it’s based on lies about them. Everyone on Fort Myers Beach signing the recall petitions, and watching this story play out, knows the recall is revenge against King and Woodson for approving Seagate’s plan to redevelop the Red Coconut property which could include buildings up to 17 stories. Recall committee members are telling voters that’s what it’s about and there are a lot of residents upset that the project was approved. Fort Myers Beach incorporated to stop high rise buildings.
Woodson and King are being represented by Sarasota based attorney Morgan Bentley. Murphy and Veach are being represented by former Miami Lakes Mayor Michael Pizzi.
Despite their attempt to end the recall, the courts rarely, if ever, step in. The state legislature purposely voted to make the recall rules vague enough to allow the voters to have a say. While the recall process is not easy, including 2 rounds of petition signatures followed by a special election, previous court cases are clearly in Veach and Murphy’s favor here in that proof of the allegations is not needed. Most recalls fail for lack of signatures and never make it to a vote. Earlier this year there was an attempt to recall Cape Coral Mayor John Gunter which failed when the recallers couldn’t muster up enough first round votes (5% of registered voters).
In their filing, Veach and Murphy state that Florida courts have held time and time again that the courts’ have no role in judging the veracity of the language of facially sufficient recall language. “The courts have also held, as is consistent with the directives of the Florida legislature, that recall petitions are not designed to be a trial brief or treatise on the basis for the recall, but simply to put the elected officials and the public of what the basis is.”
Veach said on one of his Facebook live videos that he was going to start trickling out proof of his allegations but decided against it when King and Woodson filed their lawsuit. He has also notified Town Manager Will McKannay that he has the required 505 voter signatures (30% of registered voters) to complete round two of the petition gathering and will be delivering them this week. If the Lee County Elections Office verifies those names, a judge will set a special election between 30 and 60 days from verification. That ballot will let voters decide whether or not to recall King and Woodson.
If the majority votes to recall, there would also be names of potential candidates on that same ballot to fill the seats. If two new people are voted in as Council members they would occupy the seats until November of 2026 which is when those seats are up for re-election.
King and or Woodson can also choose to resign before the special election. If that happens, the remaining three council members would appoint 2 new members and the recall would be over. Those 2 new members would fill the seats until the 2026 November election.
This past Saturday on Beach Talk Radio, Greg Scasny, who narrowly lost in the 2024 election to Jim Atterholt and Scott Safford said “I don’t know” when asked if he would be on the recall ballot. Several months ago he was a hard no when asked if he would run again. Veach has not said whether or not he’ll be on the ballot. He quit the Town Council when it appeared a new state law would require him to receal his financial situation. That law was never passed. Safford was appointed to fill Veach’s seat before he was voted in back in the 2024 election.
Veach and Murphy state the lawsuit against them should be dismissed “because it is legally insufficient and is nothing more than an end run around democracy. The Recall process will soon allow the people of the City to determine the fate of this legally sufficient recall as part of a democratic process.”