The American Civil Liberties Union (ACLU) of Florida has initiated a second legal action against the city of Key West. This new lawsuit, filed on September 9, alleges that city officials retaliated against two residents who were instrumental in a prior lawsuit concerning rainbow-painted fence pickets in the city's historic Old Town district.

Allegations of Retaliation

The ACLU of Florida on Sept. 9 filed a second lawsuit against the city of Key West, alleging that city officials retaliated against two local residents who filed the first lawsuit pertaining to rainbow-painted fence pickets in Old Town.

The initial lawsuit was filed in May by Old Town residents Nicole Sohn and Linda Bagley-Sohn, with assistance from the ACLU of Florida. This suit accused the city of violating the First Amendment by selectively enforcing its historic guidelines, which regulate fence colors in Old Town. The plaintiffs contended that their rainbow-painted fence posts were singled out for code enforcement, while other fences in the historic district painted in non-regulation colors were not subjected to similar scrutiny.

The first lawsuit reportedly included photographic evidence of other fences painted in non-compliant colors on properties that did not receive notices of code violations. According to the new legal filing, the city then used these examples to generate code complaints, falsely attributing them to Sohn and Bagley-Sohn. Attorneys for the residents subsequently sent a cease-and-desist letter to the city, demanding that officials cease misrepresenting the couple as the source of 19 code complaints regarding painted fences in Old Town.

First Amendment Rights and City Response

The new lawsuit states that the plaintiffs demanded the city stop falsely identifying them as complainants. Instead of acknowledging the truth, the city allegedly responded by stating it would continue to falsely identify the residents as complainants unless they withdrew the factual allegations from their initial lawsuit. The suit asserts that the plaintiffs exercised their First Amendment right to sue the City of Key West for what they claim was discriminatory and selective enforcement of its municipal code.

In response to the initial lawsuit, the city allegedly took the evidence presented by the plaintiffs, opened code enforcement cases against those properties, and then falsely informed the residents' neighbors that these cases were initiated because the plaintiffs had filed code violation complaints. The ACLU claims this action exposed the plaintiffs to reputational harm, created friction with their neighbors, and sent a discouraging message to others who might challenge the city's enforcement practices. The organization argues that the First Amendment prohibits the city from imposing such a penalty for seeking legal recourse.

The lawsuit further alleges that Key West attempted to force the plaintiffs to choose between providing evidence necessary for their pending lawsuit and protecting their community relationships and reputation. The plaintiffs, however, reject this alleged ultimatum and are again suing to uphold their First Amendment rights. The new lawsuit claims the city's actions have already led to confrontations with at least one neighbor and pose an ongoing risk to the plaintiffs' relationships and standing within their community. Many of the alleged violations presented as comparator evidence in the first suit had reportedly existed for years without issue.

The lawsuit contends that Key West residents value creative expression, including the painting of fences, gates, and houses. By falsely identifying the plaintiffs as the source of code violation complaints, the city allegedly exposed them to anger, hostility, and damaged relationships with community members. This conduct also reportedly burdens the plaintiffs' ability to identify and present additional comparative evidence as the first lawsuit progresses. The new legal action seeks a jury trial and compensatory damages to be determined at trial. For more details on this developing story, see Keys Weekly.

City Response and Future Changes

City officials have declined to comment on pending litigation. However, Assistant City Attorney Kendal Harden announced at a September 3 city commission meeting that a closed session would be held later that month to discuss the ACLU lawsuit. This announcement preceded the filing of the second lawsuit on September 9. Mayor Sam Kaufman also declined to comment on the ongoing legal matters. At his first press conference on September 9, Mayor Kaufman stated that the city's Historic Architectural Review Committee is considering changes to its guidelines. These potential changes could allow for limited painting of fence posts within the historic district. Further updates are expected as the legal proceedings unfold, and information can be found on Keys Weekly.