Jeff Gray, the 55-year-old St. Augustine activist wrongfully arrested outside the Funky Pelican restaurant in Flagler Beach on a trespassing charge last March, is seeking $200,000 in compensation from the city, or he said he will sue.
The $200,000 claim may not be all that Gray will seek.
Gray’s attorney, Eric Friday, of Jacksonville’s Kingry and Friday, wrote City Manager Dale Martin on Nov. 5 with the pre-suit settlement offer. Under law, those who intend to sue a local government are required to send a pre-suit notice first.
“Mr. Gray is willing to resolve this matter pre-suit for a settlement of $200,000.00, removal of his DNA from any databases, and an administrative expunction of this arrest pursuant to” state law, Friday wrote the city manager.
The potential lawsuit would pursue both a claim of a civil rights violation and a firearms preemption violation, the attorney wrote. Preemption is when a state law prohibits local governments from enforcing ordinances that are stricter than the state’s measure. Seized at the time of his arrest, Gray’s gun may not have been returned in a timely way.
City Commissioner Scott Spradley was not surprised by the $200,000 figure: it’s the statutory cap on such demands.
Commissioner Eric Cooley was dismayed.
“This approach is unfortunate,” he said. “My understanding is he does this to raise awareness of rights citizens have, which is commendable and I have a lot of respect for. The country needs people out there doing this. Another good example locally is ‘The Armed Fisherman.’ The city has done numerous things to make changes proactively to ensure nothing like that ever happens again. I would hope that he would work with the city directly on solutions vs. use things simply as a payday. If there were costs on his end, then let’s make everything right with him. Let’s fix things together. Then let’s as a city make donations to homeless veteran programs he is supporting. I can get behind that 100 percent. Anything outside of that really cheapens and undercuts the true cause and benefits of what he is fighting for.”
Gray had been standing on the sidewalk across from the entrance to the Funky Pelican on March 2, holding a cardboard sign that asked for support for veterans. A Funky Pelican employee asked him to move further down the sidewalk. Gray declined, saying–correctly–that he was on the right-of-way and was not interfering with anyone. The Funky Pelican is a private business, leasing public property.
Based on a video of his arrest posted on Gray’s 14-year-old HonorYourOath YouTube channel, Gray–an activist who routinely tests and challenges local restrictions or misinterpretations of certain rights, including free speech and firearms possession–did not appear to be disruptive or interfere with the restaurant’s customers or anyone else walking by. Restaurant employees, however, called police and asked to have him trespassed, claiming–without evidence–that he was interfering with clients.
The first officer who responded, Emmett Luttrell, handled the situation correctly, letting restaurant employees that there was no cause for a trespass and going no further than urging Gray to move down a certain distance. Sgt. Austin Yelvington went further, arresting Gray when he declined to move down, seizing Gray’s gun, and at one point shoving him into a police car. He was charged with felony armed trespass–a charge swiftly dropped by the State Attorney’s Office in a reflection of the officer’s–not Gray’s–transgression.
The Flagler County Sheriff’s Office investigated Yelvington and found he’d violated the city’s arrest procedures. He served a three-day suspension without pay. Police Chief Matt Doughney issued a public apology to Gray and outlined various steps he said the department took to correct any potential future mishandlings of encounters with the public on public property.
The city was in an untenable situation. It could not remain silent about a wrongful arrest or offer a cursory response, but a more meaningful response and explicit apology would also fuel a legal cause of action. The city attorney in August also recommended amending the ordinance addressing trespassing authority.
So knowing Gray’s record, the city knew that there would be a lawsuit, or the threat of a lawsuit. The only question was what Gray would seek. The question has now been partly answered–partly, because the claim he is seeking regarding the seizure of the gun and its delayed return is not specified.
“You should be aware as it relates to firearms preemption issues and the unlawful retention of Mr. Gray’s firearm,” Gray’s attorney wrote Martin, “there is no cap on the attorney’s fees available and damages for that violation would be in addition to any sovereign immunity limits.” He added: “The city may also have additional liability related to a failure to train the officers based on the results of the investigation conducted. My client will seek all available remedies under Florida and federal law.”
In other words, the $200,000 claim is only the opening salvo, though it may also be an invitation to the city to end all claims now before it gets more expensive. All commissioners and senior staffers at the city were informed of the claim on Thursday.
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