KEY WEST, FL – A Key West couple filed their second federal lawsuit today against the City of Key West for retaliating against them after they sued the city for violating their First Amendment rights. The plaintiffs are represented by the ACLU of Florida, Reid Levin PLLC, and The Smith Law Firm.
According to the new filing, city officials improperly took evidence cited in Coley Sohn and Linda Bagley-Sohn’s pending federal lawsuit and treated it as if the couple had submitted code violation complaints to the city. The city opened code enforcement cases against several of the couple’s neighbors, falsely identifying the Bagley-Sohns as the complainants – despite knowing the couple did not submit any code violation complaints.
“We did not submit complaints about our neighbors’ homes, and we never asked the city to cite them,” said Coley Sohn and Linda Bagley-Sohn. “We love the colorful fences, roosters, pineapples, hearts, and other expressions that give Key West its character. We filed our lawsuit because we wanted the same freedom to display our rainbow colors. Using our names to target our neighbors was deeply upsetting and appears designed to turn our community against us. We will not be intimidated into giving up our rights.”
The Bagley-Sohns’ original lawsuit challenges the city’s selective enforcement of Historic District regulations against residents who painted their picket fences rainbow colors to protest the removal of Key West’s rainbow crosswalks. To demonstrate the city’s selective enforcement, the lawsuit identifies other colorful fences, gates, and structures that had not been cited by the city as code violations. The Bagley-Sohns did not submit complaints asking the city to take enforcement action against any of those properties.
Upon learning that recent complaints had been attributed to them, the Bagley-Sohns demanded that the city correct its records, notify affected property owners that the couple had not filed the complaints, identify who authorized the city’s actions, and stop misrepresenting evidence from their lawsuit as code violation complaints.
The current lawsuit argues that the city’s actions are a direct form of retaliation against the Bagley-Sohns for suing to protect their First Amendment rights in their first suit, and that the city’s refusal to retract the improperly issued complaints constitutes an additional abridgement of their First Amendment rights. It further alleges that the city’s false attribution of code violation complaints to the Bagley-Sohns has caused them reputational harm and threatened their community and neighbor relationships.
“Fighting censorship should not make you a target for government retaliation,” said Samantha Past, ACLU of Florida staff attorney. “The Bagley-Sohns went to court to protect their constitutional rights and seek equal treatment under the law. Key West responded by falsely identifying them as having submitted code violation complaints against their own neighbors. The First Amendment protects the right to challenge government conduct without being punished, intimidated, or isolated from one’s community.”
The Bagley-Sohns’ rainbow protest is part of a broader effort to celebrate Key West’s LGBTQ+ community and history. On September 9, the first anniversary of the crosswalks’ removal, local organizations will hold a fundraiser supporting a proposed Rainbow Crosswalk Memorial, historical placards, and an augmented reality experience through which residents and visitors can virtually view the crosswalks in their former location.
The case, Sohn v. City of Key West, is pending in the U.S. District Court for the Southern District of Florida.
The complaint is available [HERE].
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