Grossberg suit against KY ethics commission dismissed, but federal suit to come
A judge dismissed Rep. Daniel Grossberg’s lawsuit against the Kentucky Legislative Ethics Commission less than two months after Grossberg filed it to stop the commission’s investigation into him.
With the understanding that Grossberg, a Louisville Democrat, would go on to pursue his claims of discrimination and retaliation in federal court, Franklin Circuit Judge Phillip Shepherd dismissed Grossberg’s case Wednesday morning.
“It’s my understanding, based on the electronic filings, that Mr. Grossberg is going to voluntarily dismiss this court, the state court action, and apparently he plans to pursue some remedies in federal court. So, we’ll go ahead and dismiss this case,” Shepherd said at a hearing Wednesday.
Grossberg sued the commission in June, days before a hearing was scheduled regarding allegations of ethics code violations.
A judge denied Grossberg and his legal team’s request to stop the hearing from taking place. Shortly after the hearing, which was held behind closed doors and included multiple complainants against Grossberg, the commission found probable cause that the state legislator violated the state ethics code on three different counts.
Those counts include an incident when he invited a young woman to his legislative office, asked her sexually intimate questions and offered her alcohol; made intimidating statements and actions toward a private business; and attempted to obtain contributions in exchange for possible state catering business.
The next step in the ethics commission’s process is a public adjudicatory hearing, which has not yet been scheduled.
Scrutiny into Grossberg’s behavior began when the Legislative Research Commission investigated him following accusations of inappropriate interactions with multiple women. The Herald-Leader later reported the stories of several women in politics who claimed Grossberg harassed them, as well as an incident at a Louisville strip club where he threatened the business after he was kicked out and permanently banned for inappropriately touching a dancer.
Nowhere in the Kentucky Code of Legislative Ethics is it considered ethical misconduct to perpetrate sexual harassment — a reality the commission has formally asked the General Assembly to change in its 2026 regular session.
Following the Herald-Leader’s reporting, the state’s top Democrats, including Gov. Andy Beshear, Lt. Gov. Jacqueline Coleman, top state party officials and his own caucus called on Grossberg to resign.
Throughout the controversy, Grossberg has denied serious wrongdoing, though he’s said that he sought treatment for his “impulsive behavior.”
Grossberg’s suit against the commission claimed his constitutional rights were being infringed upon, and that he’d been the target of harassment and discrimination by fellow Democrats and members of the commission because of his Jewish faith and “for the fact that he is neurodiverse.”
Litigators with Attorney General Russell Coleman’s office, who defended the commission, pushed back on these characterizations on behalf of the commission.
For instance, Grossberg had claimed the commission and former lawmakers were penalizing him via the misconduct investigation for a speech he gave on the House floor when introducing a resolution condemning Hamas’ attack on Israel in 2023.
The attorneys wrote, “even assuming (the complainants) had a discriminatory animus against (Grossberg), that has nothing to do with (Kentucky Legislative Ethics Commission’s) authority.”
The actual complaints filed to the commission about Grossberg “are not related to (his) floor speech,” they said, adding, “the bald and conclusory claim that the KLEC investigation and hearing process is a cover-up for discrimination is not sufficient.”
Grossberg’s attorneys, Louisville lawyer Thomas “T” Clay and Frankfort attorney Anna Whites, have yet to respond to questions on when they intend to file suit in federal court, and if the complaint will differ from his state-level litigation.
