Pro Football Hall of Famer Warren Sapp has filed a federal civil rights lawsuit against the city of Tampa, alleging his First Amendment rights were violated when he was removed from City Hall during a Sept. 17 city council meeting.
According to Tampa police, Sapp was trespassed for the day after council members accused him of disturbing the meeting and “found him to be out of order.”
The lawsuit alleges Sapp entered the building to obtain “paperwork” in a room adjacent to council chambers as a meeting was taking place. The complaint alleges city officials “escalated his presence into a governmental confrontation.”
The lawsuit, filed Wednesday in the U.S. Middle District of Florida in Tampa, seeks a jury trial, damages, attorney fees and a declaration that the city's actions were unconstitutional.
Sapp alleges his removal from city hall caused humiliation and reputational harm.
The incident occurred about two hours into the city council meeting during a presentation on the South Howard flood relief project, which members would later approve.
Video from the meeting (2:17:00) shows councilors noticeably distracted. Chair Alan Clendenin interrupted the speaker, saying, "We have something going on here. I can't pay attention."
Council member Lynn Hurtak then remarked, "Somebody is being really loud."
Clendenin briefly left the chambers to investigate. Councilman Luis Viera was also out of his chair.
When Clendenin returned, he said people in an adjacent office were "disruptive to city council procedures" and refused when asked to leave.
He ordered doors to the chambers locked and briefly attempted to continue the meeting, but the distraction continued.
He then recessed the meeting until police responded.
Two cellphone videos recorded in the adjacent office captured the latter part of the dispute. They do not show what occurred before city staff and police became involved. The recordings were purportedly done by Sapp and an associated “witness.”
Those videos show Viera observing in the office. Sapp tells Viera, “I won’t be leaving this office, so go back and do your job,” and Viera replies, “I’m not leaving until you leave.”
Sapp then tells a plain-clothes officer, identified only as Barbosa, that he was not done with his city business and that “I have lowered my voice.”
It is not known what “paperwork” Sapp was there to obtain.
Clendenin then steps into the room and says, “Get out! We can’t hear!” Sapp gives an indecent hand gesture toward Clendenin as Barbosa tells him again to exit.
“If you don’t leave, I’m going to ask the police to escort you out,” Clendenin says.
Sapp refuses and tells Barbosa, “You’ve already asked me to lower my voice, and I’ve lowered my voice.”
After more officers arrive, Sapp leaves after he is threatened with arrest.
The lawsuit emphasizes that Sapp was never arrested, arguing that the absence of criminal allegations underscores the claim that city officials unlawfully excluded him from City Hall, interfering with his ability to access and petition local government
The complaint asserts that Sapp has the right to speak, petition government, seek information from officials and attend public proceedings “without suffering retaliation from municipal officials.”
No police report of the incident has been released.
“Council found [Sapp] to be out of order by creating a disturbance and requested him to be trespassed for the day,” a statement from Tampa police said. “Officers responded and asked Sapp to leave.”
Sapp is represented by the Mount Dora law firm of Anthony Sabatini, a Lake County Commissioner and former state representative.
“Mr. Sapp had gone to City Hall to obtain paperwork,” the law firm said in a statement. “The City’s response was unjustified and unconstitutional. Our lawsuit seeks a declaration that the City violated his rights, damages, and other appropriate relief."
Sapp played nine of his 13 NFL seasons with the Tampa Bay Buccaneers and was inducted into the Hall of Fame in 2013.
