Sarasota city commissioner never mentions plaintiff by name
On Feb. 3, during the regular meeting of the Sarasota City Commission, Commissioner Kyle Battie informed his colleagues that, after talking with his attorney about a defamation case filed against him last year, he had decided to withdraw a motion that sought attorneys’ fees and costs in the case.
Battie never named the plaintiff in the case: Laurel Park resident Kelly Franklin. He just referenced the matter as “the case that I and the city were involved in.”
During the period set aside for city commissioners’ remarks to their colleagues, Battie added, “We did withdraw going after those attorneys’ fees, mainly because we want to move on from this. We have larger business to take care of in the city …”
He also noted that the case had “gone through … due diligence in the courts and should be over with …”
Further, Battie pointed out that it “made no sense” to try to recover $12,000, when it “would probably have cost us about $8,000” to try to win the fees and costs.
The city expense for the litigation was $40,152.86 through December 2024, City Attorney Robert Fournier told The Sarasota News Leader last week via email. The city had to pay a $25,000 deductible, he explained last year, and then its insurance carrier handled the rest of the bills.
The city commissioners voted twice last year to cover the fees, with Battie recusing himself from the decisions.
On Feb. 3, Fournier concurred with Battie about the expense of trying to recover the fees and costs. In fact, Fournier said, if the decision about continuing to pay Battie’s attorney, Brian Goodrich of Sarasota, to pursue the fees had been left to the commissioners, he would have advised them against doing so.
As the News Leader reported last week, the case focused on Franklin’s claim of defamation in the aftermath of a presentation that Battie made to the City Commission during its regular meeting on Jan. 16, 2024.
Though Battie never mentioned Franklin’s name during his remarks that day, which the agenda had indicated would pertain to “Civility, Respect and Rhetoric,” he showed everyone in Chambers and those watching on TV or online a purported Facebook post that appeared to be on Franklin’s personal page; it included a racist comment referring to Battie and the co-owner of the Corona Cigar Co. in downtown Sarasota. Franklin’s photo was clearly visible on the alleged post.
Following the presentation, Franklin contacted all of the city commissioners, declaring that she had had nothing to do with the post. She and her attorney referred to it in court documents as the “Hoax Post.”
Although 12th Judicial Circuit Court Judge Stephen Walker ruled for Battie on Franklin’s original complaint and on an amended one, he referenced only judicial precedents — including a Florida Supreme Court ruling in 1970 — in explaining his decision. He did not cite any state law that absolved Battie of any wrongdoing.
Franklin has maintained over the past year that her reputation in the community suffered damage as a result of Battie’s actions.
During his Feb. 3 remarks, in discussing the legal fees, Battie further explained that he was “just trying to be responsible and thinking about the city and where we are in trying to move on [to] the more important business of the city.”
He added, “Hopefully, I’m done with [the case].”
He also took the opportunity to thank the commissioners for their willingness to have the city cover his legal fees. “I really, truly, truly appreciate it.”
Battie told them, as well, “This is kind of a tough thing we deal with in our position, just the day-to-day things we undertake.”
Mayor Liz Alpert thanked Battie for his remarks.
Franklin has told the News Leader that all she really wanted from Battie was an apology for his linking her to the fake Facebook post. Moreover, she has stressed to the News Leader, “NO ONE at city hall has expressed any remorse.
“Nor have they changed their practices to prevent this from happening to anyone else,” Franklin wrote the News Leader.