West Melbourne, FL – Gary Kirby, the embattled owner of Westside Sports Bar & Lounge, is facing a new legal battle that threatens to upend his already controversial reputation. A civil lawsuit filed in Brevard County’s 18th Judicial Circuit Court accuses Kirby of failing to repay over $100,000 in loans from a longtime business associate, further complicating his history of defiant business practices, public legal troubles, and broken promises. Kirby used the borrowed funds to open the bar and obtain a liquor license according to records.
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The Lawsuit: Unpaid Debts and Alleged Broken Agreements
The plaintiff, Mark Baciak, claims he financially backed Kirby’s bar venture from the beginning, starting in 2019, under an oral agreement that repayment would begin after Baciak’s retirement. That agreement is substantiated in a string of text messages between the two. When that time came in 2022, Baciak alleges Kirby offered a stream of assurances but delivered only delays and partial payments.
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Court documents detail a complex web of financial transactions totaling more than $112,000—including payments for inventory, a liquor license, legal fees, and even a computer—all allegedly made with the understanding of future repayment or partnership. Despite occasional payments between 2019 and 2023, totaling approximately $10,000, the lawsuit alleges that Kirby ceased paying entirely in April 2023. As of the latest filings, the outstanding balance exceeds $105,000 with accrued interest.
The lawsuit details numerous specific payments and loans:
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On January 7, 2019, $10,000 was provided towards purchasing the restaurant and bar.
An additional $1,700 was lent on February 1, 2019, also for the purchase of the establishment.
A payment of $1,000 was made on February 25, 2019, to an attorney for Kirby’s benefit.
A substantial sum of $85,960 was provided on March 4, 2019, towards the purchase of the restaurant and bar, with $85,950.00 specifically paid to Dianna Griffiths for Kirby’s benefit.
Further payments on March 4, 2019, included $5,000, $1,610.00, and $806.90 for inventory and stock.
On April 28, 2019, $2,221.00 was provided for additional inventory and stock.
A payment of $3,000 was made on March 6, 2019, for a computer.
Finally, $2,000 was provided on November 22, 2019, towards a liquor license payment.
An additional payment of $138.75 to the Florida Department of State on March 6, 2019, also benefited Kirby.
A series of text messages cited in the complaint, some of which have been entered into evidence, reveal what Baciak describes as a pattern of evasion. Phrases like “sorry for delay” and “sending both to you this week” paint a picture of an increasingly unreliable borrower. In one message from September 2022, Kirby agreed to begin repaying $500 per month, later increasing to $1,000—commitments the plaintiff claims Kirby never honored beyond a few sporadic installments. Review the text messages below. The full lawsuit is embedded at the end of the article.
In another blow to Kirby’s case, his attorney, Eric L. Hostetler of Widerman Malek, withdrew from representation in June 2025, citing “irreconcilable differences” and “failure to communicate.” The court granted the motion, giving Kirby 30 days to secure new counsel or face the proceedings unrepresented. According to court records, Kirby has still not secured new representation.
Past Behavior Comes Back to Haunt
This is far from Kirby’s first brush with controversy. He and his bar have repeatedly made headlines for defying breaking laws and regulations, and attracting scrutiny.
Kirby’s current legal troubles are compounded by a long history of criminal convictions. According to public court records, he has been convicted of multiple felonies, including grand theft, and dealing in stolen property. He also has a misdemeanor conviction for carrying a concealed weapon, and prior guilty convictions in battery, driving with a suspended license, contempt of court, and leaving the scene of an accident. Prosecutors have previously charged Kirby with aggravated battery, though that case was later dismissed. These convictions—spanning nearly two decades—show a repeated pattern of unlawful behavior that mirrors the allegations now facing him in civil court, suggesting that the financial misconduct alleged in the lawsuit may be part of a broader history of disregard for legal and ethical boundaries.
Then, in April 2021, he was arrested for hosting an illegal all-male strip show at his bar. Undercover officers documented the performance and charged Kirby with operating without a permit. Despite prior warnings from the city, Kirby allegedly acknowledged knowing the event was illegal but proceeded anyway.
Some patrons have alleged on social media that Kirby also “staged a masked robbery” of his own bar. Kirby didn’t respond to a request for comment from us.
The combination of the civil suit, a decade of convictions, and now a legal team in retreat builds a narrative that suggests a business owner who operates on the fringe of legality and accountability. From hosting illicit entertainment to allegedly stiffing investors, the allegations paint Kirby as a man who projects bold confidence publicly while allegedly leaving others to pick up the financial and legal pieces behind the scenes.
Despite repeated opportunities to address or settle the growing debt, Kirby has allegedly chosen inaction. The lawsuit asserts four counts: two for breach of oral contract (based on the two repayment agreements), one for unjust enrichment, and one for money lent—each a legal pathway Baciak is pursuing to recover his investment.
What Comes Next
With his former legal team gone and mounting pressure from the courts, Kirby faces an uphill battle. The July 21 status conference may determine not only the future of the lawsuit but also whether Kirby will be forced to answer the allegations without legal guidance.
Should the court find in Baciak’s favor, Kirby could be on the hook for the full amount owed, plus interest, fees, and court costs—potentially exceeding $120,000 and could prove to be the final blow to his business ventures.
