A man in Indiana, Mark May, filed a federal lawsuit last week saying it was his first amendment right to give an Indiana State Trooper the middle finger.
The State Trooper, Matt Ames, reportedly cut May off in pursuit of another driver last August. That’s when May then made the obscene gesture toward Ames. Ames then pursued and pulled May over, ticketing him for provocation, which is a Class C violation. It carries with it a fine of up to $500.
Kenneth Falk, the legal director of the ACLU of Indiana, filed a complaint on behalf of May, claiming his gesture was an expression that is fully protected by the First Amendment of the U.S. Constitution.
“While perhaps ill advised, Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment,” said Falk. The trooper, Falk says, “had no cause whatsoever to initiate the stop … and the stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution.”
May challenged the ticket in a Terre Haute Court but was found guilty. May then sought a review of the case in Vigo Superior Court, which vacated he conviction. Vigo Country Prosecutors declined to pursue the case further.
May who is self-employed as a carpet cleaner is suing for unspecified damages and attorney’s fees. He says he lost two days’ worth of income.