Cape Coral faces lawsuit over First Amendment

A Cape Coral resident says he is filing a lawsuit the city after he says their public behavior rules violated the First Amendment.

Micheal Thompson said he just couldn’t take it anymore.

“From the stipend, you know, to doing unconstitutional bans of having people come to your meetings,” said Thompson.

Once, he heard about an arrest back in December of a man who was kicked out of a Cape Coral City Council meeting and wasn’t allowed back until the council addressed the situation.

Thompson knew something needed to be done.

“It’s 1,000% unconstitutional,” said Thompson, “and if they don’t already know that, which I’m pretty sure they do, they’re about to find out.”

Thompson is suing the city for violating the First Amendment after the council introduced a new rule in February.

The rule allows for a person acting boisterous or disruptive to be asked to leave and be barred from subsequent meetings for a minimum of 30 days.

It’s something Thompson’s attorney, Anthony Sabatini, thinks is unlawful.

The ban goes up to 60 days for a second violation within 90 days and 90 days for a third violation within the year.

We didn’t really think that they would actually go forward with it. We thought an adult in the room or an attorney would tell them that this is blatantly unconstitutional,” said Sabatini.

Thompson and Sabatini want the rule eradicated.

“The government can’t tell you to shut up and don’t come back,” said Sabatini.

WINK News reporter Amy Galo reached out to the City of Cape Coral to ask about this lawsuit.

A spokesperson said they have yet to be served and that they don’t provide comments on pending litigation.