Driver Charged For Making Obscene Gesture, CSP Requests Dismissal
JEFFERSON COUNTY, Colo. (CBS4)- A man who waved his middle finger at a Colorado State Patrol officer is facing charges for the obscene gesture. But the American Civil Liberties Union said the charge is a violation of Shane Boor's civil rights.
Boor said he saw the State Trooper pull over a driver near C-470 and Bowles in unincorporated Jefferson County on his way to work at about 10 a.m. April 19.
"I felt like what he was doing was for revenue generation and general harassment, and I've also had some issues with them in the past," said Boor in an interview with CBS4's Jodi Brooks.
That's when Boor confirmed he gave the officer a single-digit protest.
"Yes, I did flip off the officer," said Boor. "I just wanted to make sure that he knew how i felt about what he was doing and about the behavior of his fellow officers, and i thought that I had expressed that."
Boor said the State Patrol was using an airplane for speed enforcement on C-470. The plane followed him to his work site and another trooper showed up with a summons that reads, "Mr. Boor with intent to harass, annoy, alarm... did unlawfully in a public place, make an obscene gesture."
Now the ACLU is involved, defending Boor's bird. The ACLU claims the gesture is a peaceful, symbolic method of expression that's protected under the first amendment.
"It's not polite to flip off a police officer, but it's not a crime," said ACLU Legal Director Mark Silverstein.
Silverstein has a message to the Colorado State Patrol, "Have thicker skins. They should be able to endure some insults from the public without looking for some kind of crime to charge them."
The ACLU said it will urge the Jefferson County's District Attorney's Office to dismiss the charges against Boor. He faces up to six months in jail. Boor's first court appearance was scheduled for June 15.
The State Patrol confirms the trooper was flipped off and that they were using a plane for speed enforcement the day it happened.
Col. James M. Wolfinbarger, Chief of the Colorado State Patrol, issued this statement on Friday, "After reviewing the facts of the case, this incident does not support probable cause to sustain the charge of harassment as such actions under these circumstances are protected free speech. The Colorado State Patrol has requested the dismissal of the charge with the First Judicial District. The District Attorney's Office has filed a motion to have the case dismissed."
"I support the men and women of the Colorado State Patrol who perform a very dangerous job. Although we find the gesture towards our trooper offensive and demeaning towards the heroic nature of law enforcement officers throughout the country, this act alone does not constitute a crime."
