Tampabay.com

FEBRUARY 22, 2012

Judge dismisses free speech lawsuit by man in gorilla suit

A federal judge has tossed out a Golden Gate Estates man's lawsuit, ruling Naples Police officers did not violate his right to free speech when they arrested him for growling and wearing a gorilla suit with the N-word at a 2007 Martin Luther King Day celebration, the Naple Daily News reports.

Because patrons at Cambier Park complained about Michael L. Anderson, U.S. District Court Judge Paul Magnuson ruled police had probable cause to arrest him when he returned and yelled after being told to leave.

"Although wearing the costume alone may be insufficient to rise to the level of a breach of the peace or disorderly conduct, event patrons reported ... that Anderson was aggressively disturbing the patrons, scaring children, and disrupting the formal program that was under way on the stage in the park," Magnuson wrote. "Moreover, Anderson returned to the area cordoned off for the event after Officer (Ralph) Anthony told him he would be arrested if he did so."

Anderson, who is black and works as a music manager, contended the $400 gorilla costume was a popular and "tremendously successful tool" he'd used to promote a rapper, his client, at other events.

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