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Sanford judge rules in favor of motorist who flashed headlights
 A judge in Sanford ruled Tuesday that a Lake Mary man was lawfully exercising his First Amendment rights when he flashed his headlights to warn neighbors that a deputy had set up a speed trap nearby.That decision is another victory for Ryan Kintner, 25, who sued the Seminole County Sheriff's Office last year, accusing it of misconstruing a state law and violating his civil rights, principally his right to free speech. He was ticketed Aug. 10 by a Seminole County deputy, but Kintner alleges the officer misapplied a state law designed to ban motorists from flashing after-market emergency lights. That's not even plausibly deniable, but I don't expect much from government these days. Circuit Judge Alan Dickey earlier ruled that that state law does not apply to people who did what Kintner did, use his headlights to communicate. And I use it to warn people of a danger they are approaching. Should I just not warn them and let them run over the little old lady crossing the road to get her mail? On Tuesday the judge went a step further, saying people who flash their headlights to communicate are engaging in behavior protected by the U.S. Constitution. "He felt the police specificially went out of their way to silence Mr. Kintner and that it was clearly a violation of his First Amendment free speech rights," said his attorney, J. Marcus Jones of Oviedo. Jones has filed a similar but much broader suit in Tallahassee against the Florida Highway Patrol. A hearing in that case is scheduled next month. "This stuff is fun," Jones said after Tuesday's hearing. It is unless they diminish your rights somehow. Each suit asked that police agencies be ordered to halt writing those tickets. The highway patrol stopped voluntarily, awaiting the outcome of the suit. So have the Seminole County Sheriff's Officeand other agencies. How about ticket refunds and some common sense in the future? In addition to Kintner's civil suit against the sheriff's office, he also is fighting the ticket. It is still pending in county court in Sanford. The officer also ticketed him for running a stop sign, saying Kintner had pulled beyond a stop bar before coming to a complete halt. I'm sure it was a matter of life and death. In an interview in August, shortly after filing suit, Kintner said, "I felt an injustice was being done. ... I have nothing against officers ... keeping speeding down, but when you cross a line and get into free speech, I feel it's gone too far." According to his suit, Kintner was home Aug. 10 when he saw a deputy park along a street and pull out his radar gun. Kintner then got in his car, drove a couple of blocks away, parked and pointed his vehicle at oncoming traffic and began flashing his lights. Shoulda just held up a sign. He was ticketed a short time later. Posted by: gorb 2012-05-23 |
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