According to the state chapter of the American Civil Liberties Union, Vermont has agreed to pay $175,000 to settle a lawsuit filed on behalf of a man who was charged with a crime for simply giving a state trooper the middle finger in 2018.
In 2021, Gregory Bombard of St. Albans filed a lawsuit through the ACLU of Vermont, claiming that his First Amendment rights were breached due to an unwarranted traffic stop and subsequent retaliatory arrest in 2018.
In St. Albans on February 9, 2018, Trooper Jay Riggen pulled over Bombard’s vehicle under the suspicion that Bombard had given him the middle finger. However, according to the lawsuit, Bombard denied making the gesture and was detained by Riggen for questioning. Following the initial stop, Bombard cursed and displayed the middle finger as he drove away. The ACLU of Vermont reported on the incident.
According to the American Civil Liberties Union (ACLU), Bombard was once again halted by Riggen, arrested for disorderly conduct, and had his vehicle towed. He was detained for more than an hour and given a citation to appear in criminal court. The charge was eventually dropped almost a year later.
According to the ACLU’s 2021 lawsuit, the act of using one’s middle finger to protest against a police officer’s actions is considered as a form of free expression that is protected by the First Amendment of the U.S. Constitution and Article 13 of the Vermont Constitution.
As per the agreement signed by both parties earlier this month, the state has committed to paying Bombard a sum of $100,000, while also allocating $75,000 towards legal fees for the ACLU of Vermont and the Foundation for Individual Rights and Expression.
In a statement, Hillary Rich, staff attorney for the ACLU of Vermont, expressed her client’s satisfaction with the outcome. However, she emphasized that the incident should never have occurred in the first place. Rich also stressed the importance of police officers respecting the First Amendment rights of all individuals, including those who express opinions that may be deemed offensive or insulting.
The settlement between the parties involved was reached without any comment from the Vermont State Police. It is important to note that Vermont did not accept any wrongdoing as part of the agreement.
In a statement furnished by the ACLU, Bombard expressed his desire for the Vermont State Police to instruct their troopers to steer clear of stifling criticism or carrying out unjustified car stops.
