TUCSON. ARIZ. (KGUN) — The civil dispute between Pima County Sheriff Chris Nanos and sheriff’s deputy Sergeant Aaron Cross reached federal court Monday morning.
Judge Raner Collins denied Cross's request for a preliminary injunction that would have reversed the deputy's suspension. He ruled that Cross “was certainly attempting to look like an on-duty deputy" while protesting, which violates PCSD policy.
However, the judge also ordered the sheriff’s department to clarify within 24 hours its policy on what off-duty deputies cannot wear during political activities, saying the current guidelines are "ambiguous" and could discourage other employees from exercising their First Amendment Right to protest. Collins also clarified there was nothing wrong with holding signs that read 'DEPUTIES DON'T WANT NANOS.'
Our cameras weren’t allowed in the courtroom, but outside we caught up with Cross’s attorney Steven Serbalik after Monday morning’s hearing.
“We want to stop the sheriff’s department from punishing Aaron Cross, or any other deputy, who’s trying to exercise their First Amendment right to protest outside of uniform and off-duty,” said Serbalik of the preliminary injunction request.
‘Outside of Uniform’ is the point of contention. The plaintiff says he never wore identifying badges, patches or logos while protesting with a ‘deputies don’t want Nanos’ sign.
When told to avoid wearing the same colors as a deputy’s uniform, cross wore a gray t-shirt and khaki pants, pictured below. He was put on paid leave shortly after.
“The idea that someone can’t protest when they’re wearing a gray t-shirt and different color pants than people wear for the department is concerning,” Serbalik said.
The attorney for Nanos declined to speak with us. In the hearing, the defense argued Cross’s boots, tactical pants and belt, gun holster and handcuffs made him “appear as if he was a deputy” and that doing so while politicking breaks the law (the Hatch Act).
Cross is not allowed to speak publicly about the specifics of his suspension, but he did say during Monday’s hearing he wore a Halloween cowboy costume while protesting on Sunday.
Nanos’ opponent Heather Lappin was also placed on administrative leave for knowing about Cross’s actions. Lappin is not part of this lawsuit.
This comes with early voting already underway and Election Day just a week away.
