More than a year after the incident occurred, it appears very likely that the only people who will ever know the provenance of a fake Facebook post that publicly smeared a city of Sarasota resident are its perpetrators — and perhaps a smattering of others in their tight circle.
It is a great shame that Laurel Park resident Kelly Franklin was unable to pursue the legal discovery process to try to find the instigators behind the wretchedly racist document that Commissioner Kyle Battie showed the public on Jan. 16, 2024 within the Commission Chambers of City Hall. Regardless of whether one believes the story that Tanya Borysiewicz, co-owner of the Corona Cigar Co. franchise in downtown Sarasota, related about how that fake post came to be in her possession, the simple fact is that the reputational damage to Franklin has been undeniable.
Battie’s related attack on the CityPac nonprofit organization with which Franklin worked ultimately led to its virtual disappearance from public discourse, which is another tragedy emanating from the incident.
One of the most frustrating aspects of this utterly despicable turn of events has been the disinclination of the City Commission to try to direct its own investigation into the circumstances that led to the Jan. 16 display of that fake Facebook post.
After Battie’s presentation had concluded, Mayor Liz Alpert did inform the public that Franklin had contacted all of the commissioners to stress to them that she had had nothing to do with the racist image. She has been as appalled as everyone else by its creation, and we have no doubt that she would have felt that way even if someone else’s name and photo had been attached to the document.
What made the situation even worse were appellate court precedents going back to 1970 in this state. After Franklin pursued litigation, Circuit Court Judge Stephen Walker cited in his rulings that Battie could not be found liable for any actions Battie took in his capacity as a local government official. In his first ruling — on Franklin’s initial complaint — Walker indicated his own dismay over creation of the fake Facebook post and, in a manner of speaking, praised Battie for tackling the topic of racism in the city.
Yet, even with the case having been closed earlier this year, none of the board members present in Chambers on Jan. 16 who remain on the commission has taken any opportunity — to our knowledge — to express to Franklin any remorse over the incident.
Feeling constraint while the legal process was underway was understandable. What is their reasoning now?
It is only too clear that the use of the fake Facebook post in Battie’s Jan. 16 presentation was designed to muzzle both Franklin and the leaders of CityPac for their audacity, if you will, in criticizing elected public officials when they did not feel those public servants were taking appropriate action on behalf of their constituents. Certainly, Franklin is not shy about making her feelings known on a number of issues. Such a willingness to fight for what one believes is right used to be seen as among the highest of virtues.
As long as the First Amendment to the Constitution remains in place, all of us should be able to voice our views on political topics without fear that someone will contrive to silence us in a cowardly and atrocious manner.
We long have felt that Battie has believed that Franklin was the perpetrator of the fake post, regardless of her protestations to the contrary. Indeed, we have felt sympathy for him as he, too, was a victim.
In public comments from the dais, when he spoke about the litigation, he never said her name — just as he never mentioned it on Jan. 16, 2024.
Our sympathy evaporated instantly, however, when we heard a remark he made early during the regular commission meeting on Feb. 3. As the board members were returning to their seats following public presentations, Battie turned to City Attorney Robert Fournier and clearly could be heard to refer to a member of the audience as “Kelly Franklin’s flunky.”
We understand from a source who was within Chambers that day that Battie appeared to be talking about a boater who is concerned about how the plans for a new Sarasota Performing Arts Center could affect boaters in a negative way. Franklin has been an ardent supporter of the historic Van Wezel Performing Arts Hall.
Yet, we acknowledge that we have no proof of exactly who the person was who caught Battie’s attention.
During the Citizens Comments portion of the commission’s regular meeting on Feb. 18, businessman Martin Hyde noted Battie’s Feb. 3 remark.
Regardless of what anyone thinks of Hyde, given some of his own past conduct, he remains one of the pithiest speakers we have known to address local government boards.
“We’ve got a Code of Conduct,” Hyde told the commissioners. “I occasionally come close to the edge,” he acknowledged. “Calling citizens ‘Kelly Franklin flunkies’ doesn’t count, however.”
Addressing the commissioners other than Battie, Hyde continued, “I think, ladies, that’s not very appropriate. And I think we should call people to task when they utter such things from the dais.”
It takes great strength of character to offer a public apology, especially in the context of such fraught circumstances as those linked to condemnation of racism.
We dare to hope that the city commissioners can find such strength of character within themselves.
What happened to Kelly Franklin within the Commission Chambers on Jan. 16, 2024 was not much different than the delivery of a sharp, backhanded slap that left her bruised and with a bloodied lip. She deserves a public apology with gravity equal to the blow she took.