ORANGE BEACH — After reporting of a past incident alleging the inappropriate use of city office space and city-paid harassment settlements have been circulating over the last week, Orange Beach Mayor Tony Kennon has given his first response to a media outlet.

Mobile-based Lagniappe reported last week on a 911 call and police report made during Labor Day weekend in 2024 where "an employee of the Pleasure Island Tiki Bar told Orange Beach police in the restaurant's parking lot she had just seen a naked man on the balcony of city's Coastal Resources building across the nearby canal grab a woman, hit her three times and drag her into an office while screaming, 'Don't you ever walk out on me!' according to police incident reports and 911 transcripts obtained by Lagniappe."

The report, attached to the article, states, "Officers responded to the area for a welfare check at the coastal resources building. Officers made no contact with a male subject and he advised there was no emergency and no exigent circumstances existed to make entry into the building. Everything appeared to be 10-4. No incident, code 6."

Kennon's name did not appear in police reports. A supplemental report, also attached to the article, indicated an officer contacted an "alleged victim Ms. Kennon," four days after the incident as a welfare check.

"I apologized to Ms. Kennon for the officers' failure to complete the initial investigation and acknowledged that the responding officers had the opportunity to make contact with her but were negligent in doing so," the supplemental report reads. "Ms. Kennon confirmed that no incident occurred and that she did not require any assistance."

In the July 8 article, reporters Rob Holbert and Kyle Hamrick raised questions about Kennon's use of the office space and whether he was the man who was the focus of the 911 call. They attribute "multiple former and current city employees with knowledge of the situation" in saying police body camera footage from responding officers shows "officers pounding on that second-story office door" before a man from behind the door "loudly says, 'This is Tony Kennon.'"

Kennon told Gulf Coast Media he does use the office mentioned and said it is also used by city council, city administration and the city school system.

He said it is offered to city employees as a quiet and private alternative to city hall offices. It is often used during hiring interviews or similar meetings, he said.

On the incident itself, he said, "No comment. It's so ugly and vile. It's up to the people of Orange Beach whether they believe it or not."

The Lagniappe article states the multiple sources also stated that the man behind the door allegedly told officers he and his wife use the office as a "weekend getaway."

"My 'getaway' is the property I own next door," Kennon said.

"These untruths are embarrassing for me and my family, but mostly it's embarrassing to our community," Kennon said, "and our community does not deserve this."

He said he will address claims made against him in his "Tuesdays with Tony" livestream on his campaign Facebook page July 15.

"In 17 years of being mayor, with four elections, they have come after me every single time personally, but never once have they come after my record, my performance or my government," Kennon said. "They've only come after me and my family."

STATEMENT OF ECONOMIC INTEREST

Questions have also been raised surrounding Kennon's Public Statement of Economic Interest on the Alabama Ethics Commission.

On the form, which elected officials must complete yearly, Kennon indicates for 2024 he (or a spouse or dependent) earns income from three businesses, listing Encore Rehabilitation Inc. between $50,000 to $149,999, Law and Land Title LLC for between $150,000 and $249,000 and Gulf Coast 1031 Services LLC for between $10,000 to $49,000.

He does not list that he owns 5% or more in stock at Encore but does so for the other two. He answered "no" to if he, his spouse or dependent worked as an officer, director, trustee or consultant in a business.

In asking what his role is at Encore, and in what capacity does he earn money from the business without owning it or serving as a consultant, Kennon told GCM he receives payments from the sales of his physical therapy business to Encore in 2005. Now, they give him regular payments as a part of the buyout. He gave no comments when asked when the payments will end.

Encore has had a contract with Orange Beach City Schools for athletic trainers and sport-related physical therapy for 30 years dating back to when the city district was still part of Baldwin County Public Schools, Kennon said. He said he has received no money as a part of the contract.

Alyssa Cherney, communications specialist for Orange Beach City Schools, confirmed the school's contract with Encore expired this year and that the school is planning to hire a new athletic trainer. Gulf Shores City Schools also had a contract with Encore Rehabilitation. At the July 10 Gulf Shores Board of Education meeting, a new contract with Benchmark Physical Therapy was unanimously approved.

PREVIOUS LAWSUITS AND CITY SETTLEMENTS

Other previously reported lawsuits have also been back in the spotlight this election season, specifically two harassment cases that have been settled and paid for by the city within Kennon's time as mayor.

According to a GCM article from 2008, a lawsuit was filed by an Orange Beach resident to release documents related to the 2005 resignation of Kennon from his place on city council after less than a year in office.

This article was posted the week before the 2008 municipal election, during which Kennon was first elected as mayor. It states allegations were made that Kennon was involved in a sexual harassment lawsuit settlement and that was the reason for his resignation from council. At the time of his resignation, he cited business obligations.

One condition of the settlement was a gag order on all parties, preventing any documents from becoming public.

An AL.com article from 2010 states a former planning commission member, Jil Walker, initially settled with Kennon and the city on the matter but sued in 2008 for defamation and breach of contract as she claimed the confidentiality and non-disparagement agreements had been broken.

The article states on the initial settlement, "Walker accused Kennon of soliciting her to have sex with him during a 2005 retreat in Mississippi." The suit was settled by the city in 2010 for $47,500 and "offered Kennon a 'letter of exoneration' at his request."

The article stated Kennon and the city "consistently denied and continues to deny" every allegation of misconduct made by Walker.

Kennon told GCM that he was "absolved in that case of all wrongdoing."

"There's never been one red cent of taxpayer dollars ever spent in a legal case for something I've done wrongly," he said.

An Alabama Political Reporter article from 2024 focuses on two anti-LGBTQ discrimination suits against the City of Orange Beach, former city employees and officials, which were settled last year.

Kennon was serving as mayor at the time. City Councilman Jeff Boyd, who is also running for mayor this year, was also on council at the time.

In one of the court cases, Kennon was listed as a defendant in his "individual and official capacity as the mayor of Orange Beach." Boyd was listed among other council members as a defendant in his "official capacities only as council members."

The APR article stated the total settlement for both suits cost just under $300,000.

The lawsuits were from the city's former athletic director, Laura Davis, and former Orange Beach Expect Excellence theater director, Chase Morrisette.

"Combined, the lawsuits paint a picture of pervasive anti-LGBTQ and sexually charged atmosphere within the Orange Beach Recreation Department primarily due to the actions of former recreation director Jonathan Langston and his wife, Jessica," the article reads.

The article stated that within the complaints, city officials including Kennon, then-City Administrator Ken Grimes, City Councilwoman Annette Mitchell (who is running for reelection but to a different council place, and faces two opponents) and others allegedly allowed the discriminatory atmosphere to be perpetuated.

Morrisette's complaint and demand for a jury trial states the city and Kennon, in his role as mayor, "failed to provide adequate and proper supervision of Langston in the performance of his duties."

Five former city employees, according to the article, were fired after Langston allegedly told them "a cancer" needed to be "cut out" of the city's Expect Excellence theater program.

Kennon was first elected as mayor in 2008. In 2012 and 2016, he was unopposed. In 2020, he beat one opponent by about twice the votes.

Boyd represents Orange Beach City Council in Place Two and is chairman pro tempore. He was first elected in 2012 and ran against two others, winning almost 500 votes more than his opponents combined. He ran unopposed in 2016 and 2020.

Kennon has posted on his campaign Facebook page calling for a mayoral debate. Boyd told GCM Monday morning he has agreed to one that will be hosted by 1819 News on Aug. 12, located TBD. Kennon confirmed he will attend.