Attorney Stuart James says the recall against Chris Anderson is discriminatory, and they want the Hamilton County Election Commission and Charlie Wysong held responsible.
"It's come out very clearly that the purpose of this recall is one purpose and one purpose only. Chris is homosexual and he is not fit to serve in office," said James.
Wysong said he became involved in the recall when the people of the 7th district asked for his help.
"He has not done his job, number two, he's insulted everybody and number two he has deeply offended the moral values of those people over there," Wysong said.
Wysong says the recall is based on Anderson failing to support community projects and for disrespecting Community leaders of Alton Park and Piney Woods.
Anderson believes that's just a cover up for their real reason.
"From all their public statements and all their acknowledgments I would say it's because I'm a gay city councilman. They've said as much. That comes out in every press conference even the talking points that Charlie puts together for the residents mention that," said Anderson.
The lawsuit refers to press conferences like the one on Monday.
Wysong helped organize a group of pastors to take what they called a "moral stance," against Anderson.
"Their primary concern is one thing, homosexuality. And they may be religiously against it, but they can't use their religion or their beliefs that homosexuals are sinning to do a recall election that's improper," James said.
Wysong maintains, Anderson's sexual orientation isn't the reason for recall.
"If Chris Anderson was as straight as an arrow and he had treated the people of Alton Park and the 7th district like he's treated them, he'd be recalled," Wysong said.
James says they hope this lawsuit will put a stop to the recall.
We tried to contact the election commission but our calls were not returned,