A Vermont driver is now $175,000 richer, thanks to a lawsuit settlement. Gregory Bombard, with the help of two non-profit organizations, sued a police officer who arrested him for giving him the middle finger.
However, Bombard and his allies believed that the arrest was a violation of his First Amendment rights. Here’s how it all played out.
Bombard’s Formidable Partners
First, Bombard’s court victory would hardly have been possible without the assistance of two groups: the American Civil Liberties Union (ACLU) and the Foundation for Individual Rights and Expression (FIRE).
On Wednesday, June 26, 2024, the ACLU released a statement on the issue after the judgment. They also gave a breakdown of the event, including how it ended in the courtroom.
The Protection of First Amendment Rights
Speaking on the case, the ACLU hailed the court judgment as a win for First Amendment rights. The First Amendment is the section of the Constitution from which Americans derive their freedom of speech.
Also, as this judgement has further interpreted, the First Amendment protects individuals’ rights to be offensive. Therefore, the court made an easy decision by invalidating Bombard’s arrest.
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“The Incident Should Never Have Happened”
According to an ACLU attorney, Hillary Rich, there was no concrete justification for Bombard’s arrest. “While our client is pleased with this outcome, this incident should never have happened in the first place,” he said.
“Police need to respect everyone’s First Amendment rights – even for things they consider offensive or insulting,” he added. Afterward, he proceeded to narrate the incident.
The Incident Happened in 2018
On the fateful day in 2018, State Trooper Jay Riggen directed Bombard to pull his vehicle over in St. Albans. His offense? Riggen believed Bombard had flashed his middle finger at him.
However, Bombard’s denial of the accusation fell on deaf ears as Riggins continued to quiz him on the issue. At this point, Bombard was already getting irritated, and as a result, he produced an unfriendly reaction.
The Actual Middle Finger
Already agitated by what he believed was an unwarranted detention, Bombard gave the officer the middle finger. At this moment, the officer had all the proof he needed to arrest the driver for disorderly conduct.
“He was jailed for over an hour, cited to criminal court, and forced to navigate criminal proceedings for nearly a year before the charge was dismissed,” Rich narrated.
The Exchange Was Recorded
FIRE obtained the video recording of the roadside exchange between Bombard and the policeman. The Vermont Police had made the video from the officer’s dashcam available, and the organization then posted it on YouTube.
The video shows Riggen accusing Bombard of the offensive gesture. “It looked like you looked right at me, and it looked like you stuck your middle finger up in my face,” Riggin was heard saying.
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“Disorderly Conduct 101”
The officer accused Bombard of committing “disorderly conduct 101.” Shortly after, he asked Bombard to step out of the car to be arrested.
At a point in the video, the policeman admitted that this arrest was the first of its kind as a law enforcer. “I’m not an overly sensitive person, and it’s the first time in 12 years I’ve ever stopped someone who I saw flipping me off.”
Bombard Defends His Conduct
Speaking of his ordeal, Bombard professed his respect and admiration for the hardworking men and women of law enforcement who put their lives at risk to secure society. However, he maintained that there was nothing wrong with his actions.
He stated that his conduct was within his rights and that law enforcement officers “who betray their oath have to be held accountable.”
Bombard Sought Redress 3 Years Later
In 2021, after three years, Bombard approached the court in search of justice with the help of the ACLU and FIRE.
The ACLU, who filed the lawsuit, told the court that the traffic stop “not only violated his rights to be free from unreasonable seizure and false arrest but also that giving the middle finger to protest a police officer’s actions is free expression protected by the First Amendment of the U.S Constitution.”
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Are Vermont Officers Poorly Trained?
Jay Diaz, a top FIRE attorney, believes that Vermont officers are deficient in training. He said the incident is substantial proof that the State’s officers haven’t been sufficiently educated about citizens’ rights, especially the First Amendment.
“The Constitution is the highest law in the land, and it doesn’t allow cops to abuse their power to punish protected speech,” he stated.
A Lesson For Vermont Police
Speaking after the court’s verdict granting his settlement requests, Bombard released a statement in which he expressed hope that the Police would do better going forward. “With this settlement, I hope the Vermont State Police will train its troopers to avoid silencing criticism or making baseless car stops,” he said.
Bombard is referring to Vermont’s poor record of traffic stops—about 255 drivers per 1,000 residents, which is much higher than the national average of 88 drivers per 1,000 residents.
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