Man arrested for obscene hand gesture gets $175,000 payout

The state of Vermont agreed to pay $175,000 in damages and attorneys fees to a civilian arrested for using protected speech, the Foundation for Individual Rights and Expression, known as FIRE, said Wednesday. Gregory Bombard was arrested by a state trooper in 2018 after he was accused of using profane language and making an obscene hand gesture during a traffic stop. FIRE and the American Civil Liberties Union of Vermont sued the state and Trooper Jay Riggen on behalf of Bombard in 2021 alleging that they violated Bombard’s protected right to free speech.

Isn’t disorderly conduct an arrestable offense? Riggen initiated the traffic stop because he thought Bombard made an obscene gesture at him on the road, which Bombard denies. The civilian later did make the crass gesture and shouted obscenities at Riggen as the trooper drove away from the stop, according to FIRE. This prompted Riggen to pull back over and arrest Bombard. Cursing at police officers isn’t a crime and calling it “disorderly conduct” doesn’t create a free pass for officers to silence speech they don’t like, FIRE senior attorney Jay Diaz said.

Investigation during the lawsuit proceedings revealed that Vermont State Police did not have adequate policies or training programs related to the First Amendment, FIRE alleged. Ignorance of the law is not an excuse for arresting citizens who are exercising their rights, said Diaz. Hopefully, the Vermont State Police will start training troopers to avoid silencing criticism or making pointless traffic stops, Bombard said after the settlement. After paying his attorney, Bombard said he planned to use the payout to take his 88-year-old mother out for a nice dinner.

Dig deeper: Read Liz Lykins’ report on New York parents suing a school district over a new speech policy.