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Title: Judge Rules In Favor Of 'Patriotic' Man Arrested For Wearing Army Uniform
Source: Local6.com.
URL Source: http://www.local6.com/news/13629778/detail.html
Published: Jul 5, 2007
Author: Local6.com.
Post Date: 2007-07-05 22:02:30 by Brian S
Keywords: None
Views: 80
Comments: 3

ORLANDO, Fla. -- A Florida man described as patriotic, who faced prison time for wearing a U.S. Army uniform at Orlando International Airport, won a legal battle Thursday when an Orange County, Fla., judge ruled the state law unconstitutional.

In May, Fernando Montas, who is not a member of the military, was arrested at OIA for violating a state law prohibiting civilians from wearing military clothing.

"My client is patriotic with what is going on overseas and he is proud to be in this country and was basically exercising his First Amendment rights to freedom of speech," Montas' attorney Rajan Joshi said.

Under Florida law, a person could be sent to jail for wearing a military uniform, a part of a uniform or an imitation uniform.

"I was contesting the statute because the statute basically criminalizes innocent behavior," Joshi said. "It criminalizes a kid wearing a Halloween costume and it criminalizes a wife wearing her husband's jacket if he is in the military."

Police said Montas originally lied to airport security, claiming he was U.S. soldier. It is an allegation he denies.

"It is important to note that Montas is not charged with impersonating a solider, only dressing like one," Local 6's Mike DeForest said.

Prosecutors said it is in the interest of public safety that only military personnel be allowed to wear such uniforms.

"I think the law was on our side," Joshi said. "I think the statute my client was being prosecuted under was clearly unconstitutional. It is always a fight when you go into court but I think the judge made a good ruling."

Montas still faces up to a year in jail over a misdemeanor in connection with the case.

"It is up to prosecutors to decide whether they will drop those charges against him or whether they will fight today's ruling," DeForest said.

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#2. To: Brian S, *libertarians* (#0)

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