Lakeland’s downtown business owners came out generally in support of how a viral conflict involving conservative media personality Kaitlin Bennett was handled at the Downtown Lakeland Farmers Curb Market last month.
The board of directors for the Lakeland Downtown Development Authority, which oversees the farmers market, met June 26 for the first time since the incident. An edited video segment about the conflict posted by Bennett on her Facebook page, Kait’s Unsafe Space, has garnered over 4,700 comments and nearly 3,000 shares to date. LDDA Executive Director Julie Townsend was accused by Bennett of violating her First Amendment right to free speech on May 17 by attempting to get her trespassed from the market. Townsend said she merely asked Bennett to conduct her interviews for Liberty Hangout TV on the sidewalk so as not to obstruct businesses.
“I was not violating her Freedom of Speech. There were vendor complaints … she was making it difficult for them to be able to have transactions. The request was, ‘You can talk to anyone you want, please move the interviews to the sidewalk.’ That was the ask,” Townsend told the board.
Landon Beck, chair of the LDDA board with Aspyre Properties, called for a discussion to address the “legal nastygram” that was sent to the LDDA on May 23 on Bennett’s behalf by Remnant Law, a Mulberry-based nonprofit that says it protects public interest in civil and constitutional rights.
In the letter, attorney Jonathan K. Hullihan, acting for Remnant Law and citing an association with former Florida legislator Anthony Sabatini, made several demands, such as that the LDDA train all its staff, including any law enforcement officers, on constitutional rights of free speech; and written assurance that individuals such as Bennett can engage in activities like news gathering, interviews and video recording in the public areas the farmers market operates in.
It also called for the LDDA to investigate Townsend’s conduct.
“It’s my opinion that it’s the LDDA’s job to put together the farmers market and create an environment inviting for people to come and shop and experience that farmers market,” said Michael Kincart, LDDA board member and practicing attorney for Peterson & Myers, P.A. “You have to balance that. It’s not our job, as this says, ‘to intimidate or use positions of authority to prevent freedom of speech.'”
Eric “Bro” Belvin, longtime LDDA board member and managing partner of Linksters Tap Room, said Townsend has worked hard over the the years to get the farmers market to be a success. The LDDA used to have to financially subsidize the market, Belvin said, until Townsend turned it around into a thriving, profitable event.
“I’m sure her heart was in the right place. Sure, some things were said that might have been said better. She was protecting our vendors. Kudos,” he said.
Bennett has since reported on social media she was trespassed by the City of Winter Garden from its farmers market on June 21, and began using the moniker “Most Banned Woman from farmers markets.” The trespass has since been rescinded.
LDDA board calls for clear, written guidelines
In the aftermath of the farmers market conflict, the LDDA board is moving to have clear, written guidelines on how future issues that arise at the market will be handled.
Beck and Townsend said they have met with Lakeland City Attorney Palmer Davis about the issues, about what can and should be done with an individual behaving disruptively or harassing others at such an event.
“If a vendor feels they are being threatened or harassed, or whatever, if their business is being disrupted, they can call LPD and it’s the officers’ job to evaluate that situation and make that decision,” Townsend said. “There isn’t any change to that from our perspective.”
Townsend said she specifically clarified with Davis that LDDA staff members may contact the police on behalf of the vendor, but the individual vendor needs to be the contact who speaks with officers about the issue.
Donna De Stefano, LDDA board member with Summit, said the LDDA’s policy on handling disruptions to business needs to be clearly stated wherever it’s appropriate.
“We obviously want people to be able to conduct business and not have it be affected,” she said. “Take Julie out of the mix.”
Michael Kincart said he would like to have a policy posted on the LDDA’s website as well as provided in the informational packet given to all event vendors.
“I don’t want people to have a misalignment of expectations,” he said.
Commissioner Mike Musick agreed that having a written policy informing vendors at the farmers market how to handle problems moving forward will help stop a repeat of the May 17 incident.
“Having now these guard rails in place, we will make more mistakes, but let’s not make this one again,” Musick said. “Let’s protect ourselves by having procedures and policies in place that every vendor knows, you and your staff know, so if it happens again it won’t happen the same way. I’m confident with that outcome.”
The board expressed a desire to review and vote on any written guidelines or policy before they are posted. Beck said he thinks Davis might have such already written for the city, but the city attorney could not immediately be reached on June 26 by The Ledger. Bennett and her legal team should not expect to receive a direct response from the LDDA.
“We are taking it seriously. We are taking action. We are responding,” Kincart said. “We are not sending a letter back.”
Could LDDA privatize the market?
Townsend said the LDDA has considered whether privatizing the farmers market and other events by having a private entity file permits to use the city’s public parks and streets would afford it a greater level of protection.
“One-off events like Mayfaire are a private entity renting space on public property,” she said. “They aren’t as attractive a target for people who want to disrupt.”
The LDDA has not received a definitive answer from Davis on the issue, Townsend said.
One possibility would be for the LDDA to turn over management of its public events such as the farmers market, First Fridays and its Night Markets to a separate private entity to run, especially now that many events are financially self-sustaining.
“If that’s not any better protected, it’s not any better.,” Townsend said.
Beck said another option could be to try to move the farmers market and other events onto private property.