Cape Coral man awarded $100K in city council settlement

A man ejected from a Cape Coral City Council meeting has been awarded $100,000.

Scott Kempe was arrested after trying to come back to another meeting. He then sued the city council over his right to speak during public comment.

Kempe told WINK News he is disappointed. We asked him what his life has been like since he turned his back on Cape Coral’s city council on Oct. 11, 2023, and he said he will continue to advocate for the trees at Jaycee Park.

During last year’s meeting, Kempe stood silent, turning around in his seat to protest the city council’s decision regarding Jaycee Park.

“I did not say anything. In fact, the vast majority of the people in attendance other than the people immediately seated around me had absolutely no idea that I had done that,” he said.

The federal lawsuit filed against the City of Cape Coral, Cape Coral City Council, Mayor John Gunter, Todd Kearns, Ashley Handley, and John Doe was filed by Kempe’s defense attorneys and said that Kempe was “unconstitutionally arrested” in violation of the First and Fourth Amendments.

Last week, the city and Kempe reached a settlement for $100,000; however, Kempe told us this is a sad day for the City of Cape Coral.

• RELATED: Charges dropped against Cape Coral city council protester

“I think it’s a sad day for Cape Coral that their public officials had put Cape Coral in a position of paying for having denied First and Fourth Amendment rights,” Kempe said.

Kempe said he originally planned to go to trial, but his attorneys told him to take the settlement.

“You do not accept this settlement and go to trial, and if the jury comes back with a number that is equal to or less than the amount was given, you become responsible for the defense attorney’s fees,” he said.

We did contact the city about where the settlement money is coming from. They said they have insurance through the Florida Municipal Insurance Trust, which is responsible for resolving this matter.