In October, millions of people took part in "No Kings" protests against President Donald Trump. In one Alabama town, police arrested a woman in a lewd costume and threatened her with jail time—a clear violation of her First Amendment rights.
Unfortunately, the case is still ongoing, and this week, it's set for trial.
"Officers were dispatched following complaints regarding traffic hazards in the area," the Fairhope Police Department posted on Facebook at the time. "Upon arrival, an officer observed an individual in a phallic costume near the Baldwin Square Shopping Center."
Translation: He found a woman in an inflatable penis costume, holding a sign that said "No Dick-Tator."
"The officer approached the woman and requested that she remove the costume, which is deemed obscene in a public setting; however, she refused to comply," the statement continued. It added that officers arrested the woman in question, identified as Jeana Renea Gamble, "an ASL interpreter who bought the penis suit at a nearby Spirit Halloween store," Liliana Segura wrote at The Intercept. She was 61 years old at the time.
Body camera footage from the responding officer—identified in an incident report as Cpl. Andrew Babb—provides additional context. "I'm not gonna sit here and argue with you," Babb says as he approaches Gamble. "If my kids had to come by and see this, how would you explain it to them?"
Babb's tone is immediately confrontational, as he repeatedly demands to know "how you would explain to my children what you're supposed to be." When Gamble asks if "your children don't understand what a pun is," Babb calls for backup over his radio.
Gamble asks if she's being detained, and when he doesn't answer the question, she turns to walk away. Babb then grabs her costume, throws her to the ground, and flips her over while he and other officers handcuff her.
Bystanders criticize his actions, to which Babb retorts, "I told her to take it off." In fact, he didn't, at least not according to the footage; it's possible he told her to remove the costume while first walking up, before he activated the audio on his recording, but otherwise, the entire interaction—from initial approach to throwing Gamble to the ground—took less than 60 seconds.
He also tells the crowd, "This is a family town"—whatever that means.
Babb took a phone call on the way to the jail, as shown on the bodycam footage. He explains he arrested someone "dressed like a friggin' weiner," and he says he told her, "being dressed like that is not going to be tolerated….You're setting an example that doesn't need to be set."
Officers booked Gamble on misdemeanor charges of disorderly conduct and resisting arrest—quite a stretch, given the video evidence.
In February, prosecutors added even more charges for disturbing the peace and giving a false name to law enforcement. When officers asked Gamble for her name, she replied, "Aunt Tifa"—an apparent pun on antifa, the shorthand used by antifascist protesters.
After being delayed twice before, Gamble's trial is set to begin on April 15.
It's hard not to see this as an abuse of power. Specifically, Babb took offense at Gamble's costume, and his stated reasoning makes it clear he feels entitled to punish people for offending him or his children. But it's not against the law to force somebody, even a police officer, to have uncomfortable conversations with his kids.
As Segura noted at The Intercept, the costume Gamble wore that so incensed Babb is sold at Halloween stores. Should he have the right to shut down Spirit Halloween, or arrest its employees, because his children might see it?
Babb would not be the first to let his tender sensibilities override his charge to enforce the law.
In 2019, an officer in Lake City, Florida, arrested Dillon Shane Webb for a sticker on his truck that declared, in bold letters, "I eat ass." The officer said the sticker violated Florida's obscenity law, which UCLA School of Law professor Eugene Volokh concluded at the time was "unconstitutionally overbroad and thus invalid on its face." Indeed, just days later, prosecutors dropped the charges, concluding Webb had a valid First Amendment defense.
Unfortunately, prosecutors in Alabama have not reached the same conclusion. Hopefully, a jury will similarly conclude that Gamble did nothing wrong, but either way, it won't undo the damage that has already been done, in which officers roughed up a senior citizen because they found her costume objectionable.
"It's a travesty of justice that this case is even going to trial," Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression (FIRE), tells Reason. "It rests on nothing more than a citizen criticizing the president using a costume anyone could buy at a Spirit Halloween store. The arresting officer didn't hide the fact that he handcuffed Gamble because he was offended by her costume. But giving offense is not a crime. Gamble's political expression lies squarely within the First Amendment's protection. Fairhope officials should be correcting this constitutional violation, not doubling down on it."
The post Do You Have a Right To Wear a Penis Costume in Public? A 62-Year-Old Alabama Woman Is About To Find Out. appeared first on Reason.com.
