The First Amendment lives for another day. A San Diego judge said a Kansas City Chiefs fan who was arrested at a Chiefs-Chargers game in 2009 did not commit a crime when he made an obscene gesture at the crowd.
Frustrated at a Chiefs-Chargers game and flipped off the crowd. He was forced into the tunnel by security and “applied pain techniques” to subdue him before being arrested.
Jason Ensign was acquitted of the charges against him in May. At that time, his attorney, Mary Fances Prevost said:
“They’re going to have to rethink how they handle these private security guards at Padres games, at Qualcomm Stadium, at any sporting event,” attorney Mary Frances Prevost said in an interview wednesday. “Because they can’t evict someone for exercising their free speech rights …”
Prevost, said Tuesday that Superior Court Judge Gale Kaneshiro has granted her request to dismiss all charges against him, according to The Associated Press.
In her ruling, Kaneshiro said the gesture was an alleged violation of the NFL code but not a crime.
Kaneshiro also said that no words justified the security guards unlawful use of force.
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