City officials in Key West are facing accusations of fabricating code violation complaints and attributing them to a local couple, Nicole Sohn and Linda Bagley-Sohn. The couple, who reside on Fleming Street, stated they have never filed any code complaints against neighbors or regarding fences.

Rainbow Fence Dispute Escalates

The situation stems from an ongoing legal case where the American Civil Liberties Union (ACLU) of Florida sued the city in May on behalf of the Bagley-Sohns. The lawsuit alleges the city violated the couple's First Amendment rights by threatening them with fines for painting rainbow colors on 12 fence pickets at their Old Town home. The ACLU contends the city selectively enforced its historic guidelines against the couple's display while ignoring similar violations on other properties.

The lawsuit includes small photos of other properties in Old Town with painted fence posts that had not been cited by code enforcement and threatened with fines over their fences.

Recently, city officials reportedly sent notices of code violations to several Old Town property owners. These notices cited non-compliant painted fence posts in the historic district and claimed the complaints originated from Nicole Sohn and Linda Bagley-Sohn, using their Fleming Street address. This has reportedly led neighbors to believe the couple filed complaints against them.

Couple Denies Filing Complaints

Sohn and Bagley-Sohn expressed shock and sadness at learning their names were being used as complainants. They explained that they had mentioned colorful fences and walls in their court filings only as examples to illustrate their legal claim of selective enforcement by the city. The couple emphasized they did not file complaints with code enforcement, authorize anyone to do so, or ask the city to take action against their neighbors.

“We believe deliberately treating evidence from our court filings as code enforcement complaints in our names is an attempt to pit our neighbors against us and divert attention from the issues at the heart of our case: equal treatment under the law and celebrating our vibrant community,” the couple told the Keys Weekly. They added, “We simply want our colors alongside them.”

ACLU Demands Correction

On August 18, the ACLU sent a cease-and-desist letter to the city. The letter stated that statutory provisions do not authorize the city to convert evidence from litigants into complaints purportedly made by those same litigants. The ACLU raised serious concerns under state law regarding this conduct.

The ACLU's letter demands that the city identify all complaints attributed to the Bagley-Sohns, notify the affected property owners, and correct the official record. It also requests the identification of city personnel who authorized these alleged fabricated complaints and an immediate cessation of using the couple's federal lawsuit as a basis for purported complaints.

City Responds

When contacted by the Keys Weekly for comment on the code complaints, chief assistant city attorney Kendal Harden provided a brief statement. “It is this office’s policy not to comment on matters that are the subject of ongoing litigation,” Harden stated. “We’re unable to provide further detail at this time but appreciate the opportunity to respond.” The city's actions and the ongoing lawsuit highlight tensions surrounding historic preservation, free expression, and equitable code enforcement in Key West. For more details on the case, the original complaint can be reviewed through legal channels, and further reporting is available via ACLU of Florida.