“The cronyism in the city of Smyrna will continue,” Kirkendoll said. “It is unfortunate for the citizens and taxpayers. Smyrna spent countless dollars trying to fight me instead of just doing the right thing. The right thing would have been to admit they conspired to silence me.”
The lawsuit alleged that the city violated Kirkendoll’s First and Fourth Amendment rights in 2009 when she was arrested at a town hall meeting after the then-52-year-old uttered an expletive. The city’s insurer, Georgia Interlocal Risk Management Agency, paid the settlement.
She said she was ready for her day in court to fight, among other allegations, a police statement alleging she was under the influence of alcohol.
“Unfortunately, after three long years, the attorneys decided the fate, not me,” she said.
Kirkendoll said she does not believe her legal victory has effected any change in how the city conducts business.
“The mayor, the officers and several city workers got off scot-free and would be willing to abuse another citizen’s rights, if they felt the citizen was a ‘hindrance,’” she said. “It should send chills though the spines of all Smyrna citizens.”
While Kirkendoll would not say how much she got from the settlement — attorneys generally collect half in lieu of billable hours and expenses — she said it does not improve her quality of life.
“I have lost much more on my Smyrna Heights house than what I received after the attorney was paid,” she said. “The amount I got after attorney and taxes is insignificant, really. If I could get any money out of my house, I would move. I would sure put the money toward moving. But until something changes around here, I’ve lost a good 25 to 35 percent of my house value and would be foolish to give my house away.”
While the settlement, which was announced Oct. 10, does not bar Kirkendoll from attending and speaking at City Council meetings and town halls, she said she would only go “if my camera is turned on and recording.”
Counts wrote in the lawsuit Kirkendoll has been actively speaking out on topics like immigration, criminal activity, home prices, quality of life issues and redevelopment.
“Kirkendoll has fervently sought to expose what she perceives to be corruption within the city and to heighten public awareness of what she believes is the city’s failure to address or remedy important social issues,” Counts said.
Smyrna city officials declined to comment for this report.












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Mary took time from her job, as I and others did, to try to stop this madness of government taking our money for more ridiculous projects.
Mary and I and the other citizens never made a penny from this and paid all our own expenses. Only a couple of self-appointed "leaders" who took up collections made a buck. Watch out for leaders in the public and private sector!
Mary stands a little over 5 feet tall. She is not a physical threat to anyone. Arrested at a public meeting and charged with being drunk and disorderly because she spoke out?
Come on, folks. If they can do it to Mary, they can do it to the rest of us. Thank her for fighting for our rights. People like Mary make government work better FOR WE THE PEOPLE.
The arrest concerned with highlighting the invasion of illegal aliens in Smyrna's apartments. Consider the state of the elementary schools in Smyrna and the destruction of neighborhoods and their value are difficult to accept.
A simple tour of empty buildings and razed shopping centers would indicate to anyone that the present policies are not improving the area. It may be considered whining or criticism to some residents, but the reality is that density and apartments eventually attracts crime and lower school scores. Rental units are scarce in the best East Cobb school districts and the feeder schools for the Franklin Road area, such as Wheeler, have suffered lower scores and a hostile environment for students from stable East Cobb areas.
The Bacon(s) dynasty are responsible for both the approval and destruction of low rent apartments.
Insofar as the First Amendment is concerned, it is first in importance to protect those citizens who illustrate problems and perceived failings of government officials. You may disagree with either the message or method, but you need to honor the right of all of us to exercise our right.
I believe thousands of illegal aliens marching and demanding rights they are not entitled to have while burdening the taxpayers with benefits which should be reserved for citizens to be much more offensive. They do have the right to complain; however, far too many remain silent on this issue.
Exactly how much did you and your lawyer make from YOUR settlement?
Exactly how much of this did you donate to a worthy cause?
Until you show some transparency - you have no business criticizing anyone and I'd suggest everyone just ignore your comments.
Who decides what is a worthy cause anyway? Is a contribution to MUST to support a van delivering free food to illegals worthy?
( but knowing exactly who you are, it is you and your husbands simplemindedness that is helping to hold Smyrna in the dark ages)
Why would any small business locate to Smyrna, the way they're treated?
The gentleman's car wash on South Cobb Drive , as example- here's a bungalow, turned car wash along a struggling rundown part of town, flanked by empty stores, fast food resturants and the Smyrna Heights neighborhood. So he paints his business a very nice deep blue and code enforcement and the city harrassed him, made him repaint his business a beige color and actually took him to court & fined him 50 dollars! Concord Road sits virtually deserted because the city bought the small businesses all out (or TOOK them), razed the properties, so now we have another desolate, deserted area in Smyrna.
If the city had put a few million in trees, paths, landscaping and store front grants, this might have ENCOURAGED businesses and resturants to LOCATE to the Concord Road Corridor. But it's not about helping the cities image or citizens,.. it's all about a SLUSH fund to dole out this 20 million to friends and cronies!!!
You can't DICTATE to every person and business in your city how they must abide by your strict, uniform set of RULES, and then expect entrepanuers , businesses and young folks to flock to your city!
You want a city where everything looks the same, where noone is allowed free expression, where there's no signs of life, no art, no style, no new money, no innovation, no fresh ideas? Treat them w/ your heavy boot on their neck like you do mayor, and you get exactly what you asked for,.. a dead city that businesses steer clear of!
Max is King!
If a few more percentage points of voters had bothered to go to the polls, Max would be out
My daughter lived in the home I owned there for a while, but considered her option to buy from her mother and took a different route, moving to the Oakhurst area of Dekalb County, close to her job at the CDC. The home is now a rental, like most others in the area are going.
I'm not sure what the city could do but it does seem altogether neglected by the city leaders. There is an abundance of low priced homes selling to investors which will add more to Smyrnas higher rent to owner occupied ratio.
Not good for the neighborhood nor the city as a whole.
Dora I.
Small town elected officials think they are "big men on campus" and abuse their power accordingly.
Here in Kennesaw, the mayor and 2 council members couldn't drag themselves off the golf course in time for a city council meeting.
It's disgraceful and I hope citizens finally wake up and vote them out of office.
And yes - let's follow the money trail, shall we? Look AT Smyrna - and run a comparison financial analysis of Return on Investment paired with actual spending - and AT the rest of the Metro ATL area. You will see numbers that the administration does NOT want others to see.
The Kirkendols of this world are desperately needed - their speech point the way for angry taxpayers to claw back some of the value being stolen from their lives via wrongful spending. It's starting with the banks (gasp! not our *revered* financiers!) and the cat-fight is spreading through to Small Town Administration.. All it takes is just *ONE* mouthy person, *ONE* detailed mind, and the whole house of cards comes flying down. That, my friends, is what Mr. Bacon is seeking - to keep his fragile situation afloat. Because? People are losing their MONEY, and they are ANGRY.
About that intersection - HAS anyone checked to see if Mrs. Kirkendol was correct?
Snort.
Instead, I was to be taught whose BOSS in Smyrna and was hauled off to jail! To justify my arrest, the police wrote that I smelled like alcohol on my breath and person, on the police report.
Oops, tho', one minor detail,.. they forgot to inform me, or ask for a breathalyzer, before they handed me my keys and watched me drive off!
Before the meeting started, I was told by city employee, Jennifer Bennet, to 'sit down' or she would have me personally 'escourted' out of the meeting!
The fix was in!
If this isn't a strongarm, bullying, dishonest government,.. I don't know what is!
Driven through Smyrna Heights lately??
How 'bout all the rundown townhomes and neighborhoods off Spring Road and along Village Parkway! Have you seen the rundown conditions along Windy Hill, South Cobb and Concord??
It's a disgrace, the conditions of Smyrnas neighborhoods!
And whose idea was it to turn the front of city hall into a circus,.. w/ all the horrible lights?
Does the mayor think if the city is flooded w/ lights,.. it will make it look alive??
What a waste!!
Ahh, but like Smyrna, East Atlanta is not perfect. Nor is Decatur. Neither is downtown.
Nowhere is perfect, no matter how much greener the grass may look.
If one is bound and determined to be unhappy in life, that life can definately be lived in Smyrna.
When Smyrna has everything you need to be unhappy, why move?
It's really ashame to see no businesses & basically no quality of life in Smyrna.
After spending the day biking along the Atlanta Beltline, there is a STARK difference!
The lofts, the gardens, the architecture the office buildings, the artwork, the eateries, the neighborhoods, the shops and patios ,..all mesh to make a complete community.
And then to top the day off, spending an evening in VIBRANT Roswell, as the city streets are flooded w/ people enjoying the vibes, the music and the food,.. it really makes it hard to come home to city that is as dead as a doornail at 10 p.m. on a Saturday nite!
We have a city that thinks quality development for its citizens is a GAS STATION!
You are way too dramatic and it is getting very old. It must be tough to be mad at the world all the time. Life is tough for all of us and no place is perfect.
I am not sure what involvment you are looking for from the elected officials but if you want the mayor and council to fawn over you and get involved in your daily life, that is your business. Maybe it is time for you to grow up a become a big girl and try to find your own happiness. You are pulling down the rest of us.
Everybody with a house lost value on their house.
If she's figured out a way for that the be the local government's fault, let us know!!!!