KEY LARGO -- Saying the Upper Keys Business Group should be "more creative," the Monroe County Commission voted last Wednesday to deny $18,500 in funding for an April 17-26 festival titled "Conch Republic Days -- Northernmost Territories."

The Tourist Development Council initially approved the funding, but then decided to withhold it after a "cease and desist" notice was filed by Peter Anderson, who promotes the Conch Republic Independence Day Celebration in Key West and claims that only he has the right to market events with the Conch Republic name.

The Upper Keys group filed a lawsuit against Anderson and the county, but Circuit Judge Luis Garcia ordered the County Commission to decide whether or not to fund the event.

At last week's County Commission meeting, Anderson argued against the Upper Keys event.

"Don't empower these people with public tax dollars to confuse the marketplace," he said. "I'll negotiate a licensed festival with them right now."

A sticking point with the business group has been what they claim was Anderson's previous demand for half the gross revenues from the event, a condition which Anderson now disputes.

County Commissioner Sylvia Murphy reminded the commissioners that they were not sitting as a court of law.

"At this point our decision is to go along with what the TDC and the [District Advisory Council] 5 have recommended," she said. She moved to fund the event, but her motion was not seconded.

County Mayor George Neugent, echoing the comments of Commissioner Heather Carruthers, remarked: "Can't we just all play nice and get along?

"Technically this is not your intellectual property," Neugent said to Anderson. "But Peter has put his blood, sweat and tears into the [Key West] event. They need to be more creative in Key Largo."

Carruthers voiced her concern over a potential lawsuit against the county.

"If we disapprove this [funding] we are removed as a party from litigation," she said.

Commissioner Mario Di Gennaro motioned and Carruthers seconded his motion to deny payment. Only Murphy opposed.

Eric Griffin, the business group's attorney, said the Upper Keys event will proceed, despite funding challenges.

"We trademarked the name 'Conch Republic Days' on Nov. 19, 2008, with the United States Patent and Trademark Office," he told the Free Press after Wednesday's vote. "We intend to go forward."

Chris Sante, the Upper Keys group's treasurer, voiced concern about the ramifications of the commission's decision.

"Next year if anyone were to protest any event, [the commission has] already set a precedent," he said. "I'm disappointed. I believe this has set a precedent for all future events."

sgibbs@keysnews.com