An appeals judge has ruled that an Ohio man's constitutional rights were violated when he was arrested for cussing out cops at a Clark County fairground, where he was first reported for wearing a 'F*** The Police' T-shirt.
Michael Andrew Wood, 38, is suing six Clark County Sheriff’s Office deputies after he was booted and charged with disorderly conduct on July 29, 2016.
He was arrested for disorderly conduct for berating the officers on his way to the exit, and lost an initial lawsuit filed against them.
But on Tuesday, a Sixth Circuit judge overturned the initial verdict, ruling Wood's speech was protected by the First Amendment.
Wood also received the endorsement of the Ohio ACLU, which said he was 'unlawfully arrested' and that police attempted to silence him by hauling him away.
On the day of his arrest, Wood first encountered sheriff's deputies after the 'f*** the police' shirt he was wearing offended fellow fairgoers, who called 911 to report it.
Michael Andrew Wood, 38, was arrested in 2016 after he cussed out police at a Clark County, Ohio fairground
Sheriffs have contended through their lawyers that they did not violate his right to free speech because he used 'fighting words' that gave them legal grounds to make an arrest
Responding officers briefly spoke with Wood, but he was not arrested until several hours later, when they were called to a building on the fairgrounds for an undisclosed reason.
The Clark County Fair drew 73,000 people in 2016, when attendance was lower than usual because of a heatwave, according to local reports. The family-centered event features farm exhibits, entertainment, and dozens of rides.
During their second interaction, Wood had changed into a different shirt, and was asked by officers to leave the fair because he was 'not welcome,' according to court documents.
Wood agreed to leave if he was refunded the $3 entrance fee, and a cop handed him a $5 bill to appease him, telling him to keep the change, the legal filing said.
Police had two encounters on the day of his arrest, and initially questioned him after a fellow fairgoer called to complain about the 'f*** the police' T-shirt he was wearing. Wood had changed into a Hard Rock Cafe T-Shirt by the time he was questioned on another matter
Wood then got into an argument with police over whether he was entitled to remain at the fair, and claimed an officer pushed his shoulder before he was escorted off the fairgrounds.
While being led to the exit, Wood hurled a number of insults at cops, calling them 'motherf***ers,' 'b**** a*** f***ing pigs' and 'dirty rat bastards.'
He repeatedly tore into them for failing to respect the Constitution and was captured on police
