Prosecutors Still Trying To Convict 62-Year-Old Woman For Wearing Penis Costume To Anti-Trump Protest

Legal Issues

from the more-of-that-famous-prosecutorial-discretion dept

Never underestimate the stupidity of law enforcement. When things could just be left alone and everything would turn out OK, officers insist on inserting themselves into the equation, ensuring maximum pain and humiliation for everyone involved.

In this case, a Fairhope, Alabama officer decided he couldn’t simply do nothing when coming across a grandmother at a “No Kings” protest. Here’s how this started, as detailed by Liliana Segura for The Intercept:

In the body camera footage, a police officer parks his black SUV on the grass, a rosary swinging from the rearview mirror. He exits his car, moves briskly past a pair of protesters, and points an accusatory finger at the suspect: a 7-foot-tall inflatable penis holding an American flag.

The alleged crime? Unclear. There’s no sound at first, only the silent spectacle of a person in a penis suit turning toward a cop with a stance that says, “Who, me?” A handmade sign comes into view in the person’s right hand. It reads “No Dick Tator.”

You can see the whole thing for yourself here:

It’s really an amazing recording. It includes several high points, including cops trying to stuff a person who’s inside an inflatable penis into the back of a cop car before deciding it might be easier to separate the person and the costume… before struggling to fit the costume itself into the trunk of a cop car. It also includes superbly stupid things like this:

Fairhope Police Cpl. Andrew Babb was less amused.

“I’m serious as a heart attack,” he tells Gamble when the audio begins to play on the 14-minute body camera video. “I’m not gonna sit here and argue with you.”

He demands to know how she could possibly justify such an obscene display: “I would like to hear how you would explain to my children what you’re supposed to be.”

Every easily-offended, would-be censor has the same go-to for complaining about stuff they don’t like: “how would I explain that to my children?” I don’t know, man. They’re your kids. Take any approach you want, including ignoring the question. It’s not on the rest of the world to make sure you never have to have an uncomfortable conversation with your kids. If you can’t figure it out, maybe you shouldn’t be in the business of raising kids, much less in the business of enforcing laws.

There are also plenty of far less funny moments, like the fact that three cops decided to get involved in pinning 62-year-old Renea Gamble to the ground for the crime of… well, that was all pretty much undecided at the point the officers decided to enforce their will with their power.

Corporal Andrew Babb obviously didn’t know the law, but that wasn’t going to stop him.

“I said, ‘That’s not freedom of speech,’” Babb continues. “‘This is a family town and being dressed like that is not going to be tolerated.’”

A. It actually is freedom of speech.

B. Every town is a “family town,” unless you happen to live in a dystopian sci-fi novel.

Everything about the arrest is a non-starter. And yet, local prosecutors — propelled forward by supportive local government officials — are still trying to pin criminal charges on Renea Gamble. Mayor Sherry Sullivan claimed the costume was an “obscene display” which would “not be tolerated in Fairhope.” City Council president Jack Burrell claimed the costume “violated community standards” Neither assertion is true, which means neither statement can support an arrest, much less the bringing of criminal charges.

Some of the initial enthusiasm for punishing Gamble was stifled when her arrest went viral, resulting in a nationwide discussion of this ridiculous situation. But apparently the town thinks it’s now safe to proceed with saddling Gamble with a criminal record.

Rather than dropping the case, the city attorney slapped Gamble with additional charges earlier this year: disturbing the peace and giving a false name to law enforcement. Her trial, first set to take place months ago, has been delayed multiple times. It is now set for April 15.

The “peace” wasn’t disturbed until Officer Babb decided he was going to take Gamble’s costume personally. And “giving a false name to law enforcement” is really stretching things when all Gamble did was sarcastically respond “Auntie Fa” when officers demanded her name after stripping her of her inflatable penis.

So, the case continues, which is only going to bring more embarrassment to town leaders and law enforcement officials. The backlash that greeted the arrest will return, which means the arresting officer may want to consider employment elsewhere. Hopefully, this will all end with the town cutting a check to Gamble for violating her rights.

Until then, Gamble is going to keep on doing what she does:

Gamble has tried to keep a low profile since her arrest. At the No Kings protest last week, though, the “No Dick Tator” sign appeared in the hands of a masked woman who wore dark sunglasses and a bandana over her face.

It was Gamble, again wearing an inflatable costume.

She was dressed as an eggplant.

People who view dissent as a threat, if not inherently unlawful, cannot ever hope to win. Acts like this only embolden those already involved in dissent and attract others to join the cause. They may have the power, but the people have the inflatable genitals and the will to use them.

Filed Under: alabama, andrew babb, david gespass, fairhope pd, free speech, jack burrell, no kings, penis, renea gamble, sherry sullivan, trump administration