New Dashcam Footage Shows Vermont Trooper Arresting Man for Flipping Him Off in Viral 2018 Incident
Courts have long ruled that bird-flipping is free speech protected by the Constitution, even when directed at police
Dashcam footage of a notorious police encounter in Vermont was released this week as part of a lawsuit filed by the man who was arrested, alleging his right to free expression was violated.
Gregory Bombard filed a lawsuit in 2021, three years after he was pulled over by Vermont State Trooper Jay Riggen while driving through St. Albans in Feb. 2018.
The trooper said he initiated the traffic stop because he thought Bombard had flipped him off, which Bombard said did not happen — but that, even if it did, would constitute constitutionally protected free speech.
After a brief exchange in which Bombard accuses the officer of being overly sensitive, Riggen initially seems to let Bombard go but quickly changes his mind, arresting him for disorderly conduct when Bombard actually does give him the finger.
“It looks like as he pulled away, he called me an a--hole and said ‘f--- you,’” Riggen said. “Flipped the bird. I’m going to arrest him for disorderly conduct.”
Bombard was pulled over again, ordered to step out of his vehicle and handcuffed.
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“All the people there? Saying f--- you and --hole, all the people there in the public, that’s a crime, sir,” Riggen said.
“How is that disorderly conduct?” Bombard asked.
“Although the first interaction may have been an error, the second one certainly was not,” Riggen replied.
Bombard was taken to jail and his vehicle was towed.
According to FOX News, the charges against Bombard were later dropped, after a year of legal fees and expenses.
Bombard then teamed up with the Foundation for Individual Rights and Expression (FIRE) and the American Civil Liberties Union (ACLU) of Vermont to file a lawsuit.
“Police are charged with protecting the public, not their own bruised egos,” FIRE senior attorney Jay Diaz said.
“It’s obvious from the footage that the officer wasn’t concerned about Greg’s safety. He just wanted to punish him for mouthing off.”
Per the lawsuit, Bombard claims he had the right to flip off the cop, or anyone else, under the First Amendment. (Indeed, court precedent has long protected bird-flipping as free speech.)
The suit accuses Riggen of violating the protections guaranteed in both the U.S. and Vermont Constitutions.
Both FIRE and the ACLU are requesting that the Superior Court of Vermont “recognize Bombard’s First Amendment rights were violated in February 2018 when he was interrogated, arrested, and cited by a state trooper.”
“Traffic stops are the most common way that people interact with law enforcement,” ACLU of Vermont staff attorney Hillary Rich said in a statement.
“To protect the safety and personal liberties of all Vermonters, the state needs to do more to prevent unnecessary and unjustified police interactions like the one Mr. Bombard experienced.”
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