Stockbridge Once Again Involved In Federal Lawsuit

The following was published by the Henry Herald.

Stockbridge business owner files federal complaint against council member, city

By Asia Ashley

aashley@henryherald.com

Jun 19, 2017 Updated 2 hrs ago

STOCKBRIDGE— Stockbridge Councilman Elton Alexander and the city of Stockbridge could wind up in federal court over alleged First Amendment rights violations, retaliation and defamation.

The lawsuit, filed May 31 by attorney LaTonya Wiley in United States Northern District Court of Georgia, stems from a 2016 incident in which BBQ Masters owner Arick Whitson said Alexander allegedly asked Whitson for free food from his restaurant.

Whitson filed an ethics complaint with the city on Jan. 31, alleging that Alexander attempted to use his position as a council member to get $60 worth of free food from BBQ Masters. The lawsuit indicates the incident occurred in May of 2016 at the the North Henry Boulevard restaurant.

When Whitson refused, the suit claims that Alexander stormed from the restaurant and days later sent code enforcement to Whitson’s business to issue warnings for code enforcement issues. He says city’s code enforcement officer repeatedly harassed him by performing “warrant-less inspections at BBQ Masters,” issuing criminal warning notices, and “summoning Mr. Whitson to meetings to discuss manufactured ‘problems’ at BBQ Masters.”

After moving to a new location on Ga. Highway 138 in late 2016, Whitson claimed the harassment continued, stating in the lawsuit that the city delayed issuing him building and sign permits as retaliation. The city also denied his alcohol permit application without explanation months after filing his ethics complaint, the lawsuit claims.

“The aforementioned retaliatory, harassing denials delayed the opening of BBQ Masters thereby causing financial harm to Whitson and BBQ Masters,” states the complaint.

Since filing the complaint with the city, and speaking about the alleged infractions in the media, Whitson claims the attacks continued, but in a more public manner.

In the lawsuit, Whitson alleges that Alexander called BBQ Masters “a dump,” and “unsanitary,”over social media and in emails and accused Whitson of being a domestic violence offender who has engaged in “revenge porn.”

The lawsuit states Alexander has publicly called Whitson a convicted sex offender with “compulsive psychopathic behavior” and stated that Whitson was involved in a bad check incident.

The lawsuit denies that any of the accusations are true.

The lawsuit accuses Alexander of retaliating because of Whitson’s exercise of constitutionally protected speech, and “damaging Whitson’s reputations through an unfounded campaign of public disparagement accompanied by the deprivation of plaintiff’s property rights as secured by the 14th amendment.”

It further alleges, in part, that Alexander’s actions were sanctioned, condoned and authorized by the city and that the city “failed to properly train its officials and agents from violating the law in the manner decided herein.”

“As a direct and proximate result of defendants’ actions, BBQ Masters has been deprived of rights to which it was entitled and suffered business damage and loss of income and revenue as a result thereof,” the lawsuit states.

City Attorney Michael Williams declined to comment on the lawsuit, but said the city received the court summon late last week and plans to respond within the required 21 days. Alexander also declined to comment.

The lawsuit is seeking a judgment directing the city to issue requested permits, appropriate compensatory damages in an amount to be determined at trial, equitable relief against the city as allowed by the Civil Rights Act of 1871, and punitive damages against Alexander in his individual capacity.