PLATTEVILLE, Wis. City officials say they won't block a motion to dismiss a disorderly conduct citation against a man who displayed a protest sign reading "F U G W" as President Bush's motorcade passed by.
Andrea Baker, an attorney for Frank Van den Bosch of Montfort, said City Attorney Brian McGraw agreed May 26 not to oppose her motion. The final decision on whether to drop the citation is up to Grant County Circuit Judge Michael Kirchman.
Baker argued in her motion that the $243 citation violated Van den Bosch's right to free speech.
"It's good that the city attorney at least understands the law if the police don't," Van den Bosch said. "It shouldn't have happened."
McGraw didn't immediately return a message left at his office on May 26.
According to Baker's motion, the incident happened as Van den Bosch was standing with his sign along a street in Platteville waiting for Bush's motorcade to pass May 7. Bush made campaign stops in La Crosse and Prairie du Chien that day.
Police told Van den Bosch that he couldn't display the sign. Van den Bosch added small letters that changed the sign to say "Free Us G W" and held it up as Bush's procession went by.
Police then handcuffed him and took him to the police station, where he was photographed, fingerprinted, cited for disorderly conduct and released.
Police officials have said they received a complaint from a business owner about the sign, and they were afraid children might see it. They added that Van den Bosch wrote the "r," "e," "e" and "s" in "Free Us" in tiny print.
Baker sent a letter to McGraw on May 26 asking that the police department refer the officers who arrested Van den Bosch for federal prosecution since they violated his constitutional rights. The letter said the officers should have known they were violating his constitutional rights.
City Manager Lon Pluckhahn confirmed the city would not try to block the dismissal motion. He declined further comment, saying the matter could involve litigation.