A Center Grove school board candidate has been found liable for making a defamatory statement defamation against a local business.
Nicole Kemp, one of five people running for the board of trustees for Center Grove Community School Board, was found liable for defamation per se and ordered to pay $5,001 in damages and court costs. The comment was made in reference to the Barn at Bay Horse Inn in Greenwood, with the owner of the event center filing a small claims case against Kemp in February, asking for $10,000 in damages.
The lawsuit stems from an anonymous Facebook post in a private group last year. The group was originally formed by several women in Johnson County responding to former President Donald Trump calling former presidential candidate Hillary Clinton “such a nasty woman.”
The initial character of the group was described as a “liberal, left-leaning organization,” according to court documents. Over time, the group became less about politics and more about being pro-women, court documents show.
Although a private group, individual members could author a message, but they could not post it without being approved by an administrator. In November 2023, an admin approved an anonymous post, but removed the post about 10 minutes after it was approved. The post was then approved and republished by a separate admin of the group and remained online until Kemp removed it, court documents show. Although anonymous, admins could see who posted the message, according to court documents.
The post in question accused Barn at Bay Horse Inn owner Amanda Cottingham-Johnson and the business of “not standing” with the group’s values, according to the lawsuit. The post claimed that Cottingham-Johnson was anti-LGBT and that people should boycott the establishment, among other plans of political support.
The anonymous poster was Kemp, which led to Cottingham-Johnson, filing a defamation suit against her.
Indiana law recognizes two forms of defamation — either defamation per quod or defamation per se. In order to prove either form of defamation, the claimant must prove that there was a communication with defamatory accusation, malice, publication or damages.
The majority of Kemp’s message was not defamatory, Special Judge David N. Riggins ruled on May 29. However, “attributing an anti-LGBT bias to Cottingham-Johnson’s trade, profession or occupation where the LGBT community is and has been a significant source of revenue for the trade, profession or occupation simply because of a perceived political support of a single candidate by the owner is defamation per se,” Riggins said in his ruling.
Riggins found that the anti-LGBT comment published in the post constitutes defamation. Asking to have the post published anonymously “demonstrated a serious doubt as to the truth of her publication,” court documents show.
Kemp failed to produce any evidence demonstrating anti-LGBTQ bias by Cottingham-Johnson or her business, according to the order. The court cited evidence provided by Cottingham-Johnson which showed that several weddings at Bay House Inn have been for members of the LGBT community.
Riggins was also convinced “that at least one wedding was canceled due to the post,” court documents show. Cottingham-Johnson argued she lost income as a result of the Facebook post, court documents show.
However, Kemp did not bear “sole responsibility” and some responsibility falls on the moderators for their part in the matter, according to court documents. This led Riggins to ultimately reduced the amount owed in damages to $5,001.
Kemp appealed the ruling to the Indiana Court of Appeals in June, leading to the judgment being temporarily stayed. A decision has not yet been made.
Kemp declined to comment because the appeal process is still ongoing.
