The badge of the Pima County Sheriff's Department.
The Pima County Sheriff’s Department has responded to a judge’s request to clarify its policy on what off-duty officers can wear while protesting.
Judge Raner C. Collins’ gave the Sheriff’s department 24 hours to respond after Monday’s hearing for a lawsuit filed by Sgt. Aaron Cross, a deputy who carried a sign saying “Deputies Don’t Want Nanos” on a street corner earlier this month.
Sheriff Chris Nanos and the department alleged he looked too much like an on-duty officer while doing so, and Nanos placed him on administrative leave and under a gag order, which prevented him from speaking to anyone about his investigation.
Cross then filed a lawsuit against Nanos’ discipline and the Department’s press release about the incident, for violating his First Amendment rights.
Cross is a department employee and union president of the Pima County Deputy’s Organization, which has publicly denounced Nanos’ leadership.
The judge did not grant Cross’ request that he be protected from any further discipline, but agreed with his attorney that the policy regarding what deputies are allowed to wear while protesting was unclear.
Department employees are not permitted to wear any uniform, badge, or logo when engaging in political activities, a policy that Cross’ attorney says he complied with.
But PCSD argues that certain items worn together create the appearance of an on-duty officer.
“Clothing items treated similarly to Department uniforms are a combination of clothing, footwear, and accessories that appear to identify the employee as a Department deputy when worn while engaging in political activities,” lawyers for PCSD wrote.
Those clothing items are green or khaki color battle dress uniform pants, tan boots, a tactical belt with ammunition magazine and handcuffs, and polo shirt.
These are all specific items Cross protested in on Oct. 12 and Oct. 14.
On the first occasion, Cross wore a short sleeve tan polo, green BDUs’ and tan boots, according to a witness photo submitted to the court. On Oct. 14, he wore khaki BDUs and a gray athletic shirt. He carried a sidearm both times.
PCSD’s lawyer wrote a polo shirt “of any color” would be appropriate, as long as not worn in combination with the other five items.
AZPM is still waiting on a response from Cross’ attorney as of Thursday midday.
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