By CATHERINE WILSON, Associated Press
MIAMI - An appeals court Wednesday struck down a state law against civilians wearing police gear, citing in part the popularity of law enforcement attire worn “out of reverence” since the Sept. 11 attacks.
The decision came in the case of a motorcyclist caught speeding on a busy expressway in a T-shirt that read “Police” on the front and back.
“It has now become commonplace for many Americans to wear authentic-looking law enforcement T-shirts, caps and other paraphernalia merely out of reverence to the tragedy’s heroes,” Judge Robert Shevin wrote for the unanimous three-judge panel of the Florida 3rd District Court of Appeal. “There is the potential of penalizing purely innocent, protected conduct.”
The appeals court indicated a law requiring proof of bad intent would be acceptable as opposed to the blanket ban. Florida has a separate law against impersonating an officer.
“It’s an easy law to fix,” said defense attorney Lisa Walsh, who represented the motorcyclist, Alberto Rodriguez.
Prosecutor Barbara Zappi, who argued the appeal, had no comment.
Rodriguez pointed to his shirt and mouthed, “Police” to pursuing officers during the 2001 chase, which reached 105 mph.
Walsh said she believes Rodriguez has already served his 2 1/2-year sentence for aggravated fleeing, resisting arrest, reckless driving and wearing the T-shirt.