Regrettable Incident
Officer who shut down CARE rally cleared by internal report

By Bruce Christian

CASA GRANDE – A long-awaited internal investigation of a Casa Grande police officer’s action in shutting down a demonstration by members of Central Arizona Rainbow Equality determined the complaints against him were “unfounded.”

“I have come to the conclusion that although I do not see any misconduct on officer [Brian] Walsh’s part, I am not comfortable in simply clearing the case with a generic disposition,” wrote Casa Grande Police Chief Bob Huddleston. That said, Huddleston added that as a result of the incident, personnel at the department have been given First Amendment training.

The investigation was ordered shortly after Walsh and an unidentified dispatcher broke up CARE’s April 15 “taxation without representation” demonstration in the Central Arizona city. Walsh claimed the rainbow flag held by participants was being flown in a manner that interfered with the vision of motorists.

President/Founder of CARE Christopher Hall, who learned of the results after being notified by Echo, said the report both satisfies and disappoints him.

“The fact that they are working to ensure that events, such as this, do not happen again is wonderful to hear. The fact that this situation was more than what I think the chief will begin to understand is the disappointing part.”

He added that he and others believe their First Amendment rights were violated, and that Walsh was “not as polite as some may think.”

Hall also said he was disappointed that the Casa Grande Police Department failed to notify him of the report’s findings.


“We were supposed to receive a call, but we never did. I called on four different occasions and never heard anything back from them once.”
He finally received a copy of the department’s report after Echo obtained it.

The rally

Before the Tax Day demonstration was planned, Hall received assurances from city officials that as long as the demonstrators stayed on the sidewalk or seven feet from the street, there shouldn’t be a problem. The flag only measured 8 feet by 5 feet.

When Walsh confronted the group, Hall told him the demonstrators were more than willing to move.

“And he said we were not allowed to fly the flag anywhere within the city and that if we were to fly the flag again, that the individual who owned the flag would be arrested,” Hall said.

At the scene, Hall and CARE official Dana Lipscomb were questioned by Walsh. They had to produce photo IDs, Social Security numbers, dates of birth and the officer wanted to know how they had arrived and from where.

“I think he wanted to get us for using a facility that we did not have permission to be at,” Hall said. “He did make mention of that.”

While Hall and Lipscomb were questioned, other demonstrators, who held a sign that read “straights for gay rights,” were left alone.

“[Walsh] mocked the fact that they could have any true real involvement mentioning their age quite a bit. That was a little saddening,” Hall said.

Protect and serve

After the incident made the local papers, Huddleston said that if Walsh acted inappropriately, steps would be taken to correct the issue.

“We strive to protect and respect the rights of all of our citizens,” Huddleston was quoted.

The chief met with Hall and other CARE representatives April 20 and apologized for the incident during the meeting. Huddleston told them that he already had asked the department’s Professional Standards Office to investigate the matter. It was supposed to take about 30 days.

According to the released report, the investigation was completed May 5 and Huddleston signed off on it one month later. Casa Grande Public Information Officer David Bridger explained Huddleston wanted to take his time in releasing it to the public to ensure every matter in Hall’s complaint had been addressed thoroughly.

In his statement, Huddleston wrote: “It does not appear to me that a threat of arrest was based on citizens gathered to exercise their constitutional rights, rather the possibility of an arrest was referred to in a discussion on the manner in which the flag was being flown (obstruction of traffic.)”

However, earlier in his statement the chief admitted, “the exact wording may never be known.”

The chief wrote: “I do not see any evidence to support an allegation that any action or statement taken by the officer was based on discrimination of those present because of their gender or sexual orientation.”

Who participated?

Nowhere in the final report is there any characterization of how the investigation proceeded, who was questioned or what kinds of questions were asked and answers given. Hall and Lipscomb met with the Huddleston and the investigating officer April 20, and were given a chance at that time to explain the complaint Hall filed on April 16.

After that meeting, Hall never heard again from the department.

Huddleston wrote in his statement: “I believe the officer communicated that the flag flying in the manner that it was needed to stop or an arrest may be made. I do not think the officer properly communicated well that the flag (flown in the manner that it was) was the ONLY issue, and that the citizen’s right to assemble, demonstrate and fly their flag in a legal manner was not allowable, but was their constitutional right.”

In essence, Huddleston boiled down the entire incident as a communications misunderstanding between Walsh and the CARE demonstrators, and because of that, he ordered officers to undergo “The First Amendment: Considerations for Law Enforcement.”

Topics covered in the training included:

First Amendment Issues for Law Enforcement — Understanding the authority and limits placed on officers under the First Amendment.
Protections afforded by the First Amendment — Free exercise of religion, speech, press, peaceable assembly and petition government for a redress of grievances.
Law enforcement’s duty to protect the speaker — Police officers must take reasonable action to protect from violence citizens who are exercising their constitutional rights.
Public property — Law enforcement’s responsibility to provide the greatest access and opportunity for First Amendment activities when they take place on public streets, parks and sidewalks.
Place — What is considered public property for the purposes of First Amendment protections (including streets, sidewalks, parks and buildings).

During the training, which took place in May, Casa Grande offers were advised that when lawful, peaceful demonstrations are taking place they need to “not disturb” the demonstrators. “If they are blocking any views, let them know how far back they need to be to not obstruct any views as guidance for them.”

Taking CARE in the future

Hall said he is pleased that some of the city’s officers received the training, but added, “It seems as if it is not mandatory from the report, and that in itself is a disappointment, as I think it should be something that all officers are required to go through.”

Casa Grande’s Police Chief summed up the incident as “regrettable,” and one that has resulted in a “stressful relationship with CARE.”

“The department has taken steps to ensure that all future activities by the CARE group, and in fact all citizens and groups engaging in free speech activities, are handled respectfully and effectively.”

A true test of that will come Sept. 26 during Casa Grande Gay Day, which takes place in the city’s Davey White Park. Hall, who is from Coolidge, said CARE chooses Casa Grande for its Central Arizona events because it is the largest city in the region, and the majority of the organization’s 100 online members live in the area. The organization does visit other Central Arizona cities, such as Florence and Coolidge as well, but when getting noticed, size matters.

By the time Casa Grande Gay Day arrives, Hall said he would be more prepared. “Justice is still needed. This was a minor setback, but the Casa Grande Police Department did all that it could with the evidence that it had. I commend the department on its efforts to obtain justice for all,” he said.