On The Front Lines
Charges Dropped Against Student Arrested for Removing Shirt, Displaying Text of 4th Amendment in Protest of Airport Scanners
CHARLOTTESVILLE, VA--Prosecuting attorneys in Henrico County, Virginia, have decided not to pursue criminal charges against the college student who was arrested for disorderly conduct after removing his shirt at Richmond International Airport (RIC) and exposing a portion of the Fourth Amendment written on his chest. Aaron Tobey, a Charlottesville native, was en route to his grandfather's funeral on December 30 when he made his novel protest against the Transportation Security Administration's (TSA) use of whole-body imaging scanners and enhanced pat downs.
In court proceedings today, the County Commonwealth's Attorney asked the Henrico General District Court to enter a nolle prosequi on the charge, which is a request the prosecution be discontinued thereby discharging Tobey from liability, and the court granted the request.
"Clearly the charges against Aaron Tobey should never have been brought in the first place," said John W. Whitehead, president of The Rutherford Institute. "His arrest and detainment are a clear violation of the First Amendment right to freedom of expression."
Tobey, an architecture student at the University of Cincinnati, was waiting in line to pass through screening at Richmond International Airport when he removed his shirt to show that he had written on his chest part of the text of the Fourth Amendment ("The right of the people to be secure... against unreasonable searches and seizures, shall not be violated"), which protects the privacy of individuals by forbidding unreasonable searches and seizures.
Despite successfully passing through the screening, Aaron was arrested and handcuffed. Agencies including the FBI's Joint Task Force on Terrorism questioned Tobey for around 90 minutes before citing him for disorderly conduct. Tobey did not resist or interfere with security officials or the screening procedures and eventually was permitted to board his flight. Nonetheless, he was charged with disorderly conduct, a Class I misdemeanor under Virginia law, which carries penalties of up to $2,500 and 12 months in jail.
At today's proceedings, the prosecutor told the court that he did not believe Tobey's conduct fell within the definition of disorderly conduct because it was not likely to provoke violence. Steve Benjamin, a criminal defense attorney based in Richmond, Virginia, who is working with The Rutherford Institute and appeared for Tobey, also stressed that Tobey did not intend to halt the screening process or be arrested, that Tobey had a right to complain in a lawful manner, and that it was ironic that officials arrested a person they wanted to strip search for taking off his clothes.
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