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West Melbourne, FL — A Brevard County judge has ordered Gary Kirby, owner of Westside Sports Bar & Lounge, to repay nearly $99,000 in unpaid startup loans — affirming allegations previously reported by The Space Coast Rocket. The final judgment, entered last week, follows a non-jury trial where the court deemed Kirby’s testimony not credible. Meanwhile, Kirby now faces a second lawsuit alleging he illegally aired a UFC pay-per-view event at his bar without a license — potentially exposing him to six-figure federal penalties.
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The developments pile on for Kirby, whose bar has long been a lightning rod for controversy, from past arrests to defiant business moves. In response to coverage of these mounting issues, Kirby filed a defamation suit against this reporter and The Space Coast Rocket, Inc. in September alleging reputational harm from reporting on public court records. We stand by our journalism and will defend vigorously under Florida’s fair reporting privileges.
Court Sides with Lender in Long-Running Loan Battle
The saga began in 2019 when Mark Baciak, a retired associate, allegedly fronted Kirby over $112,000 to launch Westside Sports Bar & Lounge at 3026 W. Haven. Funds covered everything from the property purchase ($10,000 initial down payment) to inventory ($85,960 to seller Dianna Griffiths, plus $5,000, $1,610, and $806.90 in stock), legal fees ($1,000 to an attorney), a computer ($3,000), and even a liquor license ($2,000 plus $138.75 filing fee).
- Advertisement - Text messages entered as evidence painted a picture of promised repayments that never fully materialized. Starting in 2022—post-Baciak’s retirement—Kirby agreed to $500 monthly installments, later upping to $1,000, but only sporadic payments totaling ~$10,000 followed. By April 2023, they stopped entirely, leaving an outstanding balance exceeding $105,000 with interest. Text messages between Kirby and Baciak were littered with endless excuses and unfulfilled promises from Kirby.
After a non-jury trial on November 3, 2025, the judge ruled in Baciak’s favor. The court found Kirby’s testimony not credible, crediting Baciak’s evidence of texts, canceled checks, and spreadsheets. “The Plaintiff has met his burden of proving he loaned money to the Defendant in the amount of $98,792.00 and the loan has not been repaid,” the judgment states. It’s due on demand, filed within the statute of limitations (Kirby tried to argue it was outside of the statute of limitations), plus 8% interest from the trial date and reserved costs for filing, summons, and service.
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The ruling brings closure to Baciak v. Kirby, filed in 2024 under counts of breach of oral contract, unjust enrichment, and money lent. With interest accruing, the total could top $100,000 soon, a financial hit that could strain the bar’s operations.
Kirby, representing himself after his attorney withdrew in June 2025 citing “irreconcilable differences,” did not respond to repeated requests for comment on the judgment. Reached twice this week via email for this article, he declined, citing his ongoing suit against this publication.
New Twist: Alleged Theft of UFC Broadcast Rights
Compounding the loan loss, Kirby and Westside now face a separate suit from G&G Closed-Circuit Events, LLC, a California distributor of pay-per-view sports. Filed October 23, 2025 (G&G Closed-Circuit Events, LLC v. Westside Sports Bar & Lounge, Inc. d/b/a Westside Sports Bar & Lounge and Gary Kirby, Case No. 05-2025-CA-05517), the complaint accuses the bar of unlawfully intercepting and exhibiting the July 6, 2024, UFC event Last Man Standing: Nate Diaz v. Jorge Masvidal including undercard bouts and commentary—without a license.
G&G holds exclusive nationwide rights and sublicenses to commercial venues like bars for a fee. Westside, they claim, knowingly broadcast the “Program” to patrons for profit, violating federal wiretap laws (47 U.S.C. §§ 605, 553), Florida’s theft of communications statute (§812.15), and common-law conversion. The suit details how G&G invested heavily in marketing, promotion, and transmission, only for unauthorized airing at 3026 W. Haven Road.
Damages sought: At least $50,000 statutory per violation (potentially multiplied for willfulness), plus actual losses, costs, and attorney fees could exceed $150,000 if proven. Counts include unauthorized reception/exhibition, similar state violations, and tortious conversion, alleging “willful, malicious” acts for commercial gain.
A Pattern of Legal Scrutiny
These cases fit a broader narrative for Kirby’s ventures. Public records show felony cases for grand theft and dealing in stolen property, plus misdemeanors for concealed weapon possession, battery, driving on a suspended license, contempt, and hit-and-run. An aggravated battery charge was dismissed, but in 2021, he was arrested for an unpermitted all-male strip show at Westside defying city warnings.
Gary-Kriby-History
Social media whispers of a “staged robbery” at the bar persist, though unverified. Patrons and locals have long debated Kirby’s bold persona against these backdrops and his propensity to attempt to make headlines and get news coverage with provocative or controversial decisions surrounding his business.
As judgments mount, questions swirl: Will Kirby appeal the loan ruling? Secure counsel for the UFC suit? Or pivot to settlement? With his defamation case against this reporter pending (amended this week, seeking $500k+), the irony isn’t lost—coverage of open courts now under fire.
The Space Coast Rocket reached Kirby for comment on both judgments and the new suit. He declined twice, referencing his litigation instead.
Editor’s Note: This article is based solely on public court records and filings. The Space Coast Rocket offers Kirby space for a response, as previously extended.
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