A driver in Vermont who was arrested for giving a police trooper the middle finger will be paid a US$175,000 (about C$239,500) settlement from the state.
Gregory Bombard, 57, was arrested in 2018 when a state trooper stopped him while driving and claimed Bombard flipped him off.
In an interaction recorded on the trooper’s dashcam, Bombard denied giving Officer Jay Riggen the middle finger. However, once he was let go, Bombard cursed at Riggen and flashed the bird at the officer.
He was arrested and charged with disorderly conduct.
Bombard, of St. Albans, Vt., appeared exasperated and confused as Riggen ordered him from his vehicle and handcuffed him in front of the police cruiser.
Riggen had Bombard’s car towed for being in front of a “no parking” sign, despite Bombard pulling over at his request.
According to court documents obtained by the New York Times, a judge ruled Riggen violated Bombard’s First Amendment rights. The court found Bombard’s arrest was retaliatory, and the traffic stop unnecessary.
The lawsuit was filed in 2021 by the American Civil Liberties Union (ACLU) of Vermont.
In a statement released Wednesday, the ACLU said Bombard was awarded US$100,000 in damages and $75,000 in legal fees, as per the settlement.
“While our client is pleased with this outcome, this incident should never have happened in the first place,” said Hillary Rich, the staff lawyer for ACLU Vermont. “Police need to respect everyone’s First Amendment rights—even for things they consider offensive or insulting. State legislators need to do more to prevent unnecessary and unjustified police interactions like the one Mr. Bombard experienced—by downsizing the footprint and broad authority of police in our communities.”
Bombard said he hopes the Vermont State Police will train their officers “to avoid silencing criticism or making baseless car stops.”
“And at least now I can pay my criminal attorney for defending me from the bogus charges and take my 88-year-old mother out for a nice dinner,” he said.
The ACLU lawsuit claimed police in Vermont circulated Bombard’s mugshot to local news outlets after the arrest in 2018.
Lawyers for Bombard said police also ordered him to be arraigned in 2023 on a second disorderly conduct charge in connection to the middle finger arrest from years prior. The arraignment came amid public outrage following the release of the dashcam footage.
The second charge against Bombard was made as police blamed him for the outraged phone calls they received from community members. The Foundation for Individual Rights and Expression (FIRE) said a local sheriff brought the criminal citation to Bombard’s home on Christmas day.
Both disorderly conduct charges were dropped the following day.
Riggen retired from the Vermont State Police in May and has admitted no wrongdoing, the New York Times reported.
Is it illegal to give police the middle finger in Canada?
It is not against the law to flip the bird at a police officer in Canada, though that doesn’t mean they won’t confront you about it.
In 2023, a judge in Quebec ruled flashing the middle finger is a “God-given” right that belongs to all Canadians.
The trial came after a teacher was arrested in 2021 when he gave his neighbour two middle fingers during an argument. He was charged with criminal harassment and uttering threats; charges the judge called “deplorable.”
“Flipping the proverbial bird is a God-given, Charter-enshrined right that belongs to every red-blooded Canadian,” said Judge Dennis Galiatsatos. “It may not be civil, it may not be polite, it may not be gentlemanly. Nevertheless, it does not trigger criminal liability.”