According to the complaint, May, a self-employed carpet cleaner, was driving in Terre Haute, Indiana, on August 17, 2017, when he was reportedly cut off by Ames, who was chasing down a fellow motorist. Upset, May gave Ames the one-finger salute when he drove past the trooper.
But the law enforcement official was not having it that day and soon enough decided to follow and ultimately ticket May for "provocation," a citation that includes the hefty price tag of $500, the Tribune Star of Terre Haute reported.
Indiana's Criminal Code states that a provocation ticket can be issued when a "person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation."
Though May's ticket was ultimately overturned after filing an appeal to the Terre Haute City Court, the frustrated resident opted to file the lawsuit against Ames to point out that his conduct was protected by his right to free speech. May is being represented by the American Civil Liberties Union of Indiana.
"While perhaps ill advised, Mr. May's gesture, which in no way interfered with the Master Trooper's lawful activities, was fully protected by the First Amendment," Kenneth Falk, the legal director of the ACLU Indiana chapter, told the outlet. "[Ames] had no cause whatsoever to initiate the stop… and the stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution," he added.
May is seeking damages for having to miss work to appear in court along with other unspecified charges and attorney fees.
