At the initial appearance this morning (9/27), the court commissioner dismissed all charges against Thistle Pettersen without objection from the assistant district attorney (ADA).

Thistle’s attorneys were successful in both arguments:

1. The hate crime enhancement was not supported by the facts in the complaint, which state that it was based on sexual orientation. The ADA conceded that this was true, attributing it to “incomplete language in the statute.” 

2. The disorderly conduct charge was unconstitutional because the first amendment protects political speech, including stickers with a political message. Thistle’s attorney argued that none of the first amendment exceptions were relevant in this case (such as defamation or incitement to violence). The ADA did not object, and the court commissioner dismissed the case entirely.

For more background on Thistle and the events leading up to these charges, see 4W’s Publication here.

For OUR prior case updates, see here.

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