According to the state chapter of the American Civil Liberties Union, Vermont has settled a lawsuit for $175,000 on behalf of a man who was charged with a crime after he gave a state trooper the middle finger in 2018.
In 2021, Gregory Bombard, a resident of St. Albans, filed a lawsuit through the ACLU of Vermont, claiming that his First Amendment rights were violated during an unwarranted traffic stop and subsequent retaliatory arrest in 2018.
According to a lawsuit, Trooper Jay Riggen pulled over Bombard’s vehicle in St. Albans on Feb. 9, 2018, as he suspected that Bombard had shown him the middle finger. However, Bombard denied making the gesture, but Riggen still detained him for a few minutes for questioning. Later, after the initial stop, Bombard expressed his frustration by cursing and displaying his middle finger as he drove away. The ACLU of Vermont reported this incident.
According to the ACLU, Bombard was once again detained by Riggen on the grounds of disorderly conduct, and his vehicle was towed. He spent over an hour in jail and was later cited to criminal court. However, the charge was ultimately dismissed almost a year later.
The ACLU made a case in the 2021 lawsuit that utilizing the middle finger as a means of protesting a police officer’s actions is a form of free expression that is safeguarded by the First Amendment of the U.S. Constitution and Article 13 of the Vermont Constitution.
As part of the agreement reached this month, the state has committed to paying Bombard a sum of $100,000. Additionally, the ACLU of Vermont and the Foundation for Individual Rights and Expression will receive $75,000 each to cover their legal fees.
In a statement, Hillary Rich, staff attorney for the ACLU of Vermont, expressed satisfaction with the outcome but also emphasized that the incident should never have occurred. According to Rich, the police should always uphold and respect the First Amendment rights of all individuals, including those who express opinions that may be deemed offensive or insulting.
The settlement reached between the parties involved in the case did not elicit any response from the Vermont State Police. It is worth noting that Vermont did not accept any liability in connection with the agreement.
In a statement given by the ACLU, Bombard expressed his desire for the Vermont State Police to train their troopers in order to prevent the suppression of criticism and unjustified vehicle stops.