FAIRHOPE — The case against a Fairhope woman who wore a penis costume to a protest was dismissed in Municipal Court on Wednesday.
Jeana Renae Gamble was found not guilty of disorderly conduct, resisting arrest, violation of a municipal code and giving officers a false name.
Judge Haymes Snedeker presided over the bench trial. Gamble faced up to six months behind bars and a $500 fine.
"That's not going to happen," Snedeker said before testimony began.
Dozens of Gamble's supporters showed up to demonstrate ahead of the proceeding, and many sat in the courtroom during the trial.
Gamble entered the court wearing a light pink sweater, a long skirt and a white face mask. Gamble's expressions were visible and at times audible as witnesses stood to give their accounts of what happened on Oct. 18, 2025.
The first witness called was Fairhope Police Corporal Andrew Babb, the officer who arrested Gamble after asking her to remove the costume or leave the area.
Fairhope City Attorney Marcus McDowell said after receiving 17 calls, Babb responded to the area of Greeno Road and Fairhope Avenue, the busiest intersection in the city. Upon arrival, Babb made contact with Gamble, who was dressed in a 7-foot-tall penis costume.
In court, Babb told the judge he heard reports of people throwing water bottles and rocks at the protesters, and his concern was safety. He called the situation "volatile" and said he called for backup.
"It was a brush fire," Babb said. "We were trying to keep it from becoming a dumpster fire."
Babb said the costume was causing distractions that he believed were dangerous to traffic.
"I think a distraction on the side of the road is just as bad as something in the road," Babb added.
He said he was not personally offended by the costume but considered it "obscene" given the environment. He said the protest was at a busy intersection when the funeral procession for a former mayor and a youth baseball game were underway.
McDowell said the response was due to a traffic and safety hazard and was not an attempt to silence a political issue.
"This doesn't have anything to do with free speech," said McDowell. "They want to make it about free speech. She still has her signs. Same signs. She still has her flag, and she's used them and continued up to just a few weeks ago."
Babb said he attempted to de-escalate the situation by speaking with her about children who may be in the area.
"I tried to level with her to allow logic to ensue," he said.
The exchange was caught on body-worn camera and shared by Gamble's attorney, David Gespass, prior to the trial. The judge allowed a part of the video and a call to dispatch to be played in court.
Babb said Gamble "made no attempt to comply," and she walked away. Gespass emphasized that his client could have been walking away from the protest as she was instructed.
Gespass pointed out that the officer never informed his client of safety concerns or that she was being arrested before she was brought to the ground and placed in handcuffs. Gamble's eyebrows raised as Babb said he did not "throw" Gamble to the ground.
Babb said he did not know who was inside the costume or her age.
"She was quite covered when I saw her that day," Babb testified.
While on the ground, Babb testified that Gamble had freedom of movement in her arms despite being inside the large costume. Gamble reacted by widening her eyes as if to express disbelief.
The video showed that after partially removing the costume, Gamble told officers her name was "Antifa." The judge threw out the charge of giving a false name after determining Gamble's intent was not to deceive officers.
Other witnesses included the protest organizers. The protest marshal told the judge she had safety concerns about Gamble and other protesters who discussed entering the roadway.
Before giving his verdict, Snedeker said he did not believe Babb intended to stifle speech. He said the positive aspect of the case is that the City of Fairhope has changed how similar events are handled. He said he could not be 99.9% sure that a conviction was warranted and entered a not-guilty verdict.
Moments after the verdict, Gamble told 1819 News, "I'm glad free speech wins!"
Upon leaving the courtroom, Gamble and another Fairhope officer exchanged words after Gamble began yelling, "Don't touch me! Don't touch me!"
The officer replied that he was walking out of the courtroom and that it was crowded, but he did not intend to make contact with Gamble.
Gamble continued her way out of the building, where she stopped to address the media, saying, "Free speech wins! It doesn't end at the city limits! We have civil rights in Fairhope! Thank you all for being here. We have some growing and some learning to do about the rights the citizens of this town have that happen to be on par with the rest of the nation. As Alabamians, we dare defend our rights and this fight is not over!"
Gespass told 1819 News his team is "thinking about" taking the case to a higher level.
The parties have 14 days to appeal the ruling and have the case sent to Circuit Court.
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