Condo Kiss Case Apology: ‘Wrong Person’

The condominium association that cited a 51-year-old woman for “kissing and doing bad things for an hour” in a parked car outside the Santa Ana complex apologized Wednesday, saying it accused the wrong person.

The violation instead involved a young woman and man, about 17 and 21 years old, according to Irvine attorney David E. Cane, whose law firm represents the Townsquare Owners Assn. He said the mix-up apparently occurred because the young woman gave an address to the doorman who reported the incident, and the address matched that of Helen (Kim) Garrett, a financial consultant and grandmother of two.

But it was not known Wednesday night whether the apology was acceptable to Garrett, who says she has been humiliated by the citation, or her attorney, noted feminist Gloria Allred. Allred had called a press conference in her Los Angeles office earlier Wednesday to demand not only an apology but also a retraction and unspecified compensation for the embarrassment and defamation of character.

Neither Garrett nor Allred could be reached late Wednesday for comment on the association’s apology. Cane indicated that the law firm had spoken with Allred’s office and that Garrett’s demands “are still a matter of discussion between the parties.” He said he could not comment further.

The incident received nationwide publicity this week after Garrett revealed that she had received a “courtesy notice” from Vanco Properties, which manages the condominium complex.

“Resident seen parking in circular driveway kissing and doing bad things for over 1 hour,” the notice said. It threatened a fine if the incident happened again, and it was posted on a bulletin board in the complex where other residents saw it.

Garrett, who was raised as a churchgoing Baptist in Tennessee, said she had merely chatted with a date for two minutes and kissed him good night when he dropped her off in the driveway. Since receiving the notice, she has been so embarrassed that she can barely venture out of her home and is considering moving, she said at Wednesday afternoon’s press conference. She has been called “Hot Lips,” “Marathon Kisser” and “the Kissing Bandit,” and has been under such stress that she has lost sleep, weight and work, she said.

But in a press release faxed to newspapers later Wednesday, the homeowner association said it has investigated the incident and determined that Garrett was “not the individual identified in the courtesy notice.”

The doorman had observed a car parked in the fire lane in front of the building’s entrance and, as part of his duties, had asked the young woman and man in the car not to park there, according to the association.

When the doorman returned later, the car had been moved, but he spoke to the couple about the rule against parking in the fire lane. The young woman gave the doorman an address that was the same as Garrett’s. In accordance with the association’s procedures, a notice was sent to the owner of the property, the release said.

“The notice did not identify or suggest Ms. Garrett was involved. . . . Unfortunately, details unrelated to the original parking violation were included in the notice,” the association said. Cane said the unrelated details pertained to the phrase “kissing and doing bad things,” but declined to elaborate, saying the incident is still under investigation.

It has not been determined whether there is a relationship between Garrett and the young woman who spoke to the doorman, Cane said.

“The board of directors sincerely regrets any embarrassment or inconvenience which may have resulted to Ms. Garrett as a result of this incident and has sent Ms. Garrett a personal, written apology,” the owners association said in its release.

A spokeswoman for Vanco refused to comment on the episode Wednesday.

In her demand for an apology and compensation that was delivered to Vanco, Allred said Garrett has been libeled and her character has been defamed by the notice, which implied that her client had engaged in illicit sexual activity in the driveway.

“She and I are appalled at the effort to turn an innocent kiss into a dirty and illicit affair,” Allred said. “ . . . This incident has become the kiss that was heard around the world. Now we want the apology that is heard around the world.”

Allred indicated that she was prepared to file a lawsuit alleging invasion of privacy, libel, negligence and reckless conduct if Vanco and the homeowner association did not comply with the demand. Allred would not say how much money they were seeking.