David Gespass, an attorney in Birmingham, discusses the unique aspects of his client's case that is going before a Fairhope municipal judge in March.
Renea Gamble’s legal case stemming from an arrest while she was dressed in an inflatable penis costume during a No Kings protest on October 18 has the makings of becoming one of the most high-profile municipal court cases ever in Alabama.
Judge Haymes Snedeker, a longtime municipal judge in Fairhope, granted a City of Fairhope request to push the next court appearance in the case to 3 p.m. on Tuesday, March 4. The case had been set to go before Snedeker on January 7. Gamble faces misdemeanor charges of disorderly conduct and resisting arrest in a case that has captured national attention. Gamble, a 62-year-old grandmother, was arrested by police as she was dressed in a cartoonish inflatable penis costume while attending the protest in Fairhope. The protest in Fairhope was among more than 2,600 “No Kings” rallies that were held nationwide that day objecting to President Donald Trump’s administration. Protestors largely objected to what they view as the extremes of Trump’s second-term agenda, citing immigration crackdowns, the deployment of federal forces in U.S. cities, cuts to health care and the expansion of federal surveillance powers, among other things.See the complete video here. The footage captures Fairhope Police Col. Andrew Babb telling Gamble that her costume would not be tolerated in a town that has values. It has, which is highlighted in a 13-page brief seeking the dismissal of the misdemeanor charges. The filing argues that Gamble was engaged in a political protest and that the arrest violated her First Amendment rights. The City of Fairhope has been largely quiet in the case. After the body camera footage was released by Gespass, the city declined to comment based on potential or pending litigation.Q: How rare is it for there to be a municipal court case that appears to be receiving more public media attention than this one? How unusual is this?It’s a first for me. Municipal court generally handles relatively low-level misdemeanors, so charges against individuals would not, I think, engender a lot of interest. There has been, of course, significant news coverage of mass arrests following demonstrations and protests, though not a lot of follow up coverage when charges get dropped and resulting civil rights cases lead to large recoveries. But not so much when an individual gets charged. Q: Have there been any requests or suggestions for this case to be moved into another setting? Is it concerning to have this case heard before a Fairhope municipal judge in the same city where the arrest took place with the justification embracing community standards?Municipal courts are not courts of record. The process is that a case resulting in a conviction in a municipal court can be appealed to the county circuit court for a jury trial de novo. Once the case is appealed, the municipal court conviction is void. It is, I guess, an efficient way to dispose of the vast majority of cases and put some money into city coffers. And it is generally cheaper to accept a settlement than to fight the charges. Since they are not serious cases, DUI may be the exception, most people, particularly those without the means, take the cheaper course. Q: Since most municipal judges in Alabama handle traffic court cases or misdemeanors, and this appears to involve a First Amendment and unlawful arrest argument, are you concerned about the jurisdiction where this is being heard? Is it the appropriate place given the national attention the arrest has generated?No, because we can, as noted, always appeal. I would also say that the charges are misdemeanors that are generally heard in municipal court. Also, there are a couple of layers to the case. In my view, nothing Renea did meets the elements of Fairhope’s disorderly conduct ordinance, and the body cam video demonstrates she did not resist arrest. I think she should be acquitted based on the facts without even reaching the First Amendment issues. But even if there were some arguments that she should have been guilty otherwise, her exercise of her First Amendment rights would preclude a conviction. Q: Are there transparency concerns with this particular case? Note that most municipal court cases are not available on Alacourt, the website where public legal filings in Alabama are readily available. However, Fairhope’s municipal court cases are available on Alacourt.Actually, Fairhope is the first municipality in the state that is now on Alacourt, so you can get access to the filings. I think Mobile may be added soon. Regardless, what is available on Alacourt is limited. You can, or could have at one point, seen the Police Department’s position on its Facebook page. But I would say that this reflects a bigger problem, which is the secretiveness of investigations generally and the toothlessness of Alabama’s Public Writings Act. For instance, the police shooting of E.J. Bradford generated an enormous amount of publicity, but the actual body cam footage was not released. This is not peculiar to Alabama. Recall the Laquan McDonald killing in Chicago, where the city resisted releasing the video for a year. When it was released, it clearly demonstrated that the officer’s account was false and led to his prosecution. Q: Are you and/or Ms. Gamble considering further legal action such as a federal lawsuit? What is the status of that?We have to dispose of the criminal charges first, so that is a bit premature. I will say it is not out of the question. As Renea says, it is the First Amendment on trial here, and we should all defend the First Amendment vigorously with whatever tools we have.John Sharp is a veteran reporter for AL.com covering the Alabama Gulf Coast, state politics, and key statewide issues. With 25 years in journalism, his work spans business, criminal justice, and cultural...
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