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Driver who got seven tickets for flying anti-Biden flag wins $40,000 settlement from Louisiana town

A resort island town on the Louisiana coast has agreed to repeal an anti-obscenity ordinance and let a contractor fly a flag from his truck that carries an obscenity aimed at President Joe Biden

Kevin McGill
Saturday 16 September 2023 15:28 BST
Political Obscenity Lawsuit
Political Obscenity Lawsuit

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A resort island town on the Louisiana coast will repeal an anti-obscenity ordinance and let a contractor fly a flag from his truck that carries an obscenity aimed at President Joe Biden, under the terms of a lawsuit settlement filed Friday in federal court.

The settlement came in a lawsuit the Tulane First Amendment Law Clinic filed in January against the town of Grand Isle on behalf of Ross Brunet of Cut Off, Louisiana, who works on the island regularly. The suit said he repeatedly flew three flags from his truck. One promoted breast cancer awareness. Two bore vulgarities aimed at Mr Biden and people who voted for him.

Mr Brunet was ticketed seven times, according to the lawsuit. He successfully defended himself against four tickets. Despite winning those cases, he was later ticketed three more times. The last three cases were dropped after the town adopted an ordinance stating that signs on vehicles “shall not contain language deemed offensive and vulgar nor obscene in nature and cannot contain language that describes a sex act.”

Friday's settlement agreement states that Mr Brunet “was wrongfully cited for engaging in constitutionally protected speech of flying flags with political messages.” It says Mr Brunet will receive $40,000 in damages and legal fees. And it says Grand Isle officials will repeal the ordinance by 20 October. In return, Mr Brunet will drop the lawsuit.

The agreement is awaiting approval from a federal judge.

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