Pope building that Athens condemned and deemed unrepairable in retaliation for Whiting’s “free” speech regarding city government activities. Window and roof repairs by the new owner are evident.
Being a contributing member of your community and participating in monthly city council meetings was once a respected activity in America. Public meetings were an opportunity for citizens to freely voice their concerns about how the local government was handling its various obligations. However, in 2019 that became a threatened activity in Athens TN, known as “The Friendly City”.
Local business owner Glenn Whiting had for months complained about the unequal treatment by the city police chief Cliff Couch in dealing with crime, protecting some interests and completely turning a blind eye to other victims. After Whiting spoke at several monthly city council meetings, the city attorney Chris Trew requested a meeting with Whiting. At that meeting Whiting was warned to stop his advocacy or the city would take action against him.
Sometime later the city manager Seth Sumner conspired to condemn a commercial building held in trust by several of Whiting’s family members in retaliation for Whiting continuing his free speech activities. The family trust was in the process of repairing the building so that it could be sold. However, once the city condemned the building, all plans to repair the building were forced to stop. To this day, this is the only time the City of Athens has condemned and prohibited repairs to a commercial building.
Whiting took this up to federal court and the case was assigned to Travis McDonough. Throughout the case, McDonough frustrated discovery by denying critical depositions and refusing to sanction the defense for intimidating witnesses and other unlawful activities. Even so, Whiting was able to persuade some jurors at trial and the case concluded with a hung jury. At the follow up trial, McDonough allowed even less evidence to be presented, and the jurors quickly sided with the city against Whiting. Whiting has two signed affidavits from former Athens mayor Burris which admit that the city employees lied to him and to the city council to cover up what Burris called political retaliation against Whiting. McDonough refused to allow mayor Burris to be deposed and that information never reached the jury.
Recently a prospective buyer approached Whiting about the building because they had been told that as long as Whiting was no longer associated with the building the condemnation order would be lifted, and a new owner would be allowed to repair the building. Having no other options, the trust sold the building for what it could. The losses to the family trust between what they could have sold for if they had been allowed to repair the building and what they were reluctantly forced to sell at amounts to hundreds of thousands of dollars. Imagine if that was your trust meant to provide an inheritance for your children. The city effectively cost the Whiting family hundreds of thousands of dollars in retaliation for free speech.
BTW the new owners are actively repairing the building now and anyone is welcome to drive by 213 Pope St in Athens, TN and see the only building the city has ever condemned with an order prohibiting repairs.
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