Brent Stafford, a resident of O’Fallon, MO, was arrested on St. Patrick’s Day last year, but not for shenanigans related to the holiday. The committee member of the St. Charles County Republican Central Committee was exercising his First Amendment political speech and association rights on a St. Peters’ public sidewalk located outside the Francis Howell High School gymnasium, where the St. Charles County Republican Caucus was held.
The American Civil Liberties Union of Eastern Missouri filed a suit, on Stafford’s behalf, against the City of St. Peters and St. Peters Police Officer Tim Hickey on April 15, 2013.
In addition to being a committee member of the St. Charles County Republican Central Committee, Stafford was also a leader of the Ron Paul for President campaign in St. Charles. Police officers hired to control the crowds were warned to expect “trouble” from Ron Paul supporters; Stafford contends that the “trouble” was that Ron Paul would win delegate spots, which was highly likely given the large number of Ron Paul supporters in attendance. However, the caucus was adjourned without allocating delegates and attendees were informed they would be arrested for trespassing if they did not depart the gymnasium.
Stafford left the gymnasium. He made an effort to assemble caucus attendees on the sidewalk before they dispersed because he was afraid that, under Republican party rules, St. Charles County would be unrepresented if they did not designate delegates that day. He stood on a chair on the sidewalk and peacefully attempted to address those who left the caucus. Others gathered around Stafford. After several minutes, Stafford was handcuffed, arrested and held in St. Peters’ jail for approximately three hours. He had never been asked to leave the public property prior to his arrest. He was charged with trespassing, but he was found not guilty at the trial. No one remaining in the gym, or listening to Stafford outside, was arrested or charged with trespassing.
“Our country is admired for our First Amendment rights to assemble and speak, so it is especially embarrassing when these fundamental rights are violated on a sidewalk outside of a political caucus convened to select a major party’s nominee for President,” says Tony Rothert, legal director for the ACLU-EM. “Mr. Stafford’s political speech on a public sidewalk represents a time-honored method of sharing political views with other members of the public. It is disconcerting that purportedly well-trained police officers could be unaware that banning such activity from a public sidewalk violates First Amendment rights.”