A Cape Coral man ousted from a City Council meeting after he turned his back on the elected board has filed suit against the city, saying his constitutional rights were abridged.

Scott Kempe, during the Oct. 11 Cape Coral City Council meeting, spoke about Jaycee Park during public input. According to the complaint for injunctive relief with jury demand, “Kempe felt that his government was discounting the feedback of its citizens. Kempe turned around in his seat and sat backwards at some point during the meeting to silently protest.”

The suit filed in federal court states that Mayor John Gunter told Kempe to get in his seat, to which Kempe informed him he was.

“Defendant Gunter then immediately threatened Kempe with police action if Kempe did not turn around in his seat.”

Police subsequently “abusively tore him from his seat” and then “ejected Kempe from the meeting,” the suit alleges.

Kempe tried to attend the Oct. 18 Council meeting. He was told to leave pursuant to Council rules, which the city contends ban ousted residents from meetings until Council votes to allow them back in.

Kempe returned to the Dec. 13 meeting and “advocated for his rights” as he said he was informed the ban was improper because the rule regarding Council approval to return called only for a vote to be allowed back into the same meeting.

He was asked to leave.

Kempe was then handcuffed, arrested and issued a “Notice to Appear.” The charges included resisting/obstructing an officer without violence and trespassing, which were dismissed on Jan. 25 for “insufficient evidence.”

Council subsequently amended its rules to allow for bans of 30-60 days for behavior deemed disruptive and for Council approval for repeat offenses and offenses that result in arrest.

The lawsuit contends that Kempe’s First and Fourteenth Amendment rights were abridged and that the city’s policies were and are unconstitutional.

Kempe could not be reached for comment.

As per its policy of not commenting on pending litigation, city officials declined comment.