Gay's opponent, Incumbent Candidate Robert Wareing denies any connection to the mailer, but says it raises interesting questions.
Whitworth calls Gay and current council member Nancy Berry friends of power hungry developers. Now Whitworth has been contacted by lawyers and asked retract his statements or face legal action.
Berry says the accusations constitute character defamation. Gay says the picture used for the mailer is copyright infringement. Whitworth says he will not be intimidated.
The mailer focused on a debate between the art and business community that too much taxpayer money is being spent on the arts.
"The common debate is business versus the arts. I think a few developers are making an issue out of something that enhances the community, " says Justin Whitworth, City Council Candidate Place 5.
"It's not about the arts it's about how much tax money we are spending on the arts," says Ron Gay, City Council Candidate Place 3.
Wareing says the possibly lawsuits could create tension on the council.