The City of Pittsburgh has agreed to pay $50,000 to a man who sued after being issued a disorderly conduct citation for gesturing offensively at a police officer.The settlement, in which the city also agreed to retrain its officers in the limits of disorderly conduct law, was reached with Dave Hackbart, 35, after research undertaken by his lawyers found that police citations for swearing or offensive gestures were common here.
From March 2005 to July 2009, the research found, Pittsburgh officers cited 198 people for disorderly conduct on the basis of that sort of behavior, even though the Pennsylvania Supreme Court has consistently found such citations unlawful on free speech grounds.
Mr. Hackbart was charged on April 10, 2006, while trying to parallel-park. According to his lawsuit, another car pulled up and blocked him from parking, frustrating Mr. Hackbart, who gestured with his middle finger at the other driver.
When a third driver objected to the gesture, Mr. Hackbart delivered it to him as well. That driver turned out to be an officer, Sgt. Brian Elledge, who wrote the citation. Mr. Hackbart was found guilty by a magistrate and fined court costs.
Yep, nothing quite like a citizen exercising his Constitutional right to free speech. Seriously, what was the officer thinking?
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