'Wheel of Fugitive' suit: Ivey fights to keep suit in Brevard amid concerns of influence

Attorneys for Brevard County Sheriff Wayne Ivey seek to keep a defamation suit over his popular Wheel of Fugitive social media show inside the county amid concerns that the sheriff could have undue influence over Brevard judges and jurors.

David Austin Gay asked the court to move the case to a different county last month, arguing through his attorney that he was unlikely to get a fair trial due to Ivey's extensive political ties to local judges. Two judges who received previous campaign support from the sheriff have already recused themselves from the case.

Gay also cited media reports of the sheriff's wide-ranging efforts to influence county politics, including allegations that he had tried to inappropriately influence candidates in last year's elections.

FLORIDA TODAY was the first to report the allegations from three local candidates, including one for county judge, who separately accused Ivey of trying to lure them out of their races with promises of political jobs or appointments, in an apparent effort to reduce competition for his favored candidates.

Bowing out: 'Wheel of Fugitive' suit: Man wants to move case after judges with ties to sheriff recuse

"Plaintiff also fears that IVEY’s ability and apparent willingness to attempt to influence officials speaks to his ability and willingness to do the same to regular citizens of Brevard who may be called as jurors," Brevard attorney Jessica Travis, who is representing Gay, wrote in the March 27 filing.

Ivey's attorneys called the concerns "unwarranted, unsubstantiated, and irrelevant" in a memo of opposition dated April 6.

His political support of judges was common among elected officials and was Ivey's "First Amendment right," they wrote. Challenges to his "advocacy" on other county issues — including education, public health and emergency management — amounted to "general political criticism" with "no place in these proceedings," the memo said.

The suggestion that he might try to influence jurors in particular had "no basis" and was "just hyperbolic personal insult."

No limits: 'Wheel of Fugitive' suit: Ivey can say whatever he wants, even if 'false or malicious,' lawyers say

"Stating that Plaintiff believes he cannot receive a fair trial in the appropriate venue because he believes, without evidence, that the sitting sheriff will commit misconduct to influence the proceeding should be rejected out of hand," wrote attorney Matthew Kozyra, of the Winter Park law firm DeBevoise & Poulton.

Ivey and the Brevard County Sheriff's Office were entitled to "home venue privilege" in the case, they wrote, an established legal precedent to hold civil actions against state agencies within the county they reside. The precedent, upheld by the Florida Supreme Court, was designed to save taxpayer money and resources on fighting litigation.

None of Gay's arguments met any of the recognized exceptions to the rule, the memo from Ivey's laywers said.

"Plaintiff invites this Court to adopt a standard which, to Defendants' knowledge, has never before been applied in any civil case in Florida," Kozyra wrote.

Travis and Ivey's attorneys declined to comment for this story

The case remains unassigned after the second judge recused himself in early March, and its ultimate fate is uncertain. Ivey's lawyers filed a motion to dismiss in February, arguing the sheriff is legally allowed to say anything he wants within the course of his law enforcement duties, even if the statements are "alleged to be false or malicious."

Sued: Man falsely featured on 'Wheel of Fugitive' sues Sheriff Ivey for defamation

Gay lodged the suit against Ivey and the sheriff's office in January, suing for unspecified damages after he said four appearances on Ivey's Wheel of Fugitive internet "gameshow" in early 2021 later cost him a job and damaged his mental health. He was not a fugitive during any of his appearances on the wheel.

A 2021 FLORIDA TODAY investigation found Gay was one of 60 'fugitives' falsely featured on the wheel between February 2020 and February 2021 who were either in jail, already free or had no active arrest warrant at the time the episodes aired.

Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or esrogers@floridatoday.com.

This article originally appeared on Florida Today: 'Wheel of Fugitive': Sheriff Ivey fights to keep lawsuit in Brevard