A Stitch in Haste

The cyber-ink was barely dry on my last post concerning what I am now calling "lost enforcement" (get it? "law enforcement" / "lost enforcement"), when this update appeared on my newsfeed:

A couple arrested for wearing anti-Bush T-shirts to a July 4 presidential appearance filed a federal lawsuit on Tuesday alleging their First Amendment rights were violated.

Nicole and Jeff Rank were removed from the event at the West Virginia Capitol in handcuffs after revealing T-shirts with President Bush's name crossed out on the front. Nicole Rank's shirt had the words "Love America, Hate Bush" on the back and Jeff Rank's said "Regime change starts at home."

Their lawsuit was filed in federal court by American Civil Liberties Union attorneys. "What is at stake here transcends politics," Jeff Rank said at a news conference at the Capitol. "What is at stake is the right of all Americans - Democrats, Republicans and independents, all Americans - to peacefully voice their dissent to their government."

Tresspassing [sic] charges filed against the couple were later dismissed. The City Council and Mayor Danny Jones have publicly apologized. ...The couple wants a judge to declare unconstitutional any policy that led to their arrest. They also are seeking unspecified monetary damages.
...
Nicole Rank, 30, initially was dismissed from her job with the Federal Emergency Management Agency, but was rehired after the charges were dropped.

Now, if First Amendment jurisprudence says that you can walk into a courtroom wearing a shirt that says "Fuck the Draft" (and it does), then it is simply not open to discussion whether you can wear the sort of shirts the Ranks were in a state capitol building. You can.

But what the heck...arrest them anyway and let the courts figure it out. By then the event will be over. Yet again law enforcement becomes "lost enforcement."

I was very disappointed in just how underreported, and underblogged, this story was when it first occurred back in July. Hopefully the press and blogosphere will stay on top of it going forward. I certainly will.