The defense for a woman arrested and charged at an October No Kings rally in Fairhope says the arrest was unlawful and she had every right to resist arrest.
Jeana Renea Gamble, 62, of Fairhope, was charged with disorderly conduct and resisting arrest after she refused to take off a penis costume.
Police responded to complaints regarding traffic hazards on Greeno Road near Fairhope Avenue.
In police bodycam video provided by her defense, an officer approached Gamble and explained that the costume was inappropriate for children who may see her. During the interaction, Gamble asked if the officer was recording. When she attempted to walk away, the officer grabbed her from the back of the costume and took her to the ground before he and another officer placed her in handcuffs.
Other protesters were yelling at the officer during the arrest, telling him no laws were broken.
"This is a family town, and I'm not going to have somebody out here dressed like this," the officer replied.
When police asked Gamble what her name was, she replied, "Antifa," and accused the officer of violating her freedom of speech. The officer told her he was not trying to violate her rights but was trying to "preserve a town that has values."
The body camera footage shows the officer interacting with other protesters and thanking them for being peaceful.
Gamble's attorney, David Gepass, filed a motion to dismiss, stating that the arresting officer lacked probable cause for an arrest and that he only acted on his own prejudices.
"No provision of Fairhope's disorderly conduct ordinance applies to what she was doing or wearing when she was arrested and both her costume and her actions were protected First Amendment speech," the motion states. "Police video taken at the scene demonstrates that she did not resist arrest and, even if she did, she had a right to do so because the arrest itself was unlawful."
The motion to dismiss stated that only one person called to complain about the costume.
Municipal Judge Haymes Snedeker threw out the motion to dismiss, calling it moot.
Gamble is considered innocent until proven guilty.
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