Arrest outside Stamford police station raises free-speech questions

NOTE: photo has been altered to take out offensive language. Michael Picard, of Hartford, held a sign outside the Stamford courthouse and the police department Thursday, April 26, 2018. in protest of a friend's arrest for interfering with a distracted driving checkpoint earlier this month. less NOTE: photo has been altered to take out offensive language. Michael Picard, of Hartford, held a sign outside the Stamford courthouse and the police department Thursday, April 26, 2018. in protest of a friend's ... more Photo: Contributed Photo / Contributed Photo Photo: Contributed Photo / Contributed Photo Image 1 of / 1 Caption Close Arrest outside Stamford police station raises free-speech questions 1 / 1 Back to Gallery

STAMFORD — A Hartford man felt the sign he was carrying downtown was an expression of his free speech, but the city’s police chief considered it offensive.

Michard Picard and Dawud Talib staged a protest on Thursday outside the Stamford courthouse, where their friend appeared before a judge for allegedly interfering with a distracted driving checkpoint in Springdale recently.

After a few minutes, Picard — carrying a sign reading “F*** Free Speech - Stamford PD” — and Talib took their protest to the nearby police station.

They were confronted by Police Chief Jon Fontneau, who warned Picard he would be arrested and charged with disorderly conduct if he failed to put his sign down.

When Picard refused, Fontneau had him arrested in front of the police station.

Picard’s attorney, Joseph Sastre, said the arrest violated his client’s right to free speech.

“It seems to me, Michael was arrested for holding a sign, which is a form of speech and that is his right,” Sastre said.

Fontneau disagreed.

“I found the sign to be offensive in front of police headquarters as people are coming in and out,” Fontneau said. “I don’t think our day-to-day residents should have to put up with something like that.”

Fontneau said he conferred with Stamford State’s Attorney Richard Colangelo before placing Picard under arrest.

Picard, 29, was released after Talib posted his $500 court appearance bond.

Picard, who declined to comment about the charges, described himself as a “liberty activist” and supports the open carrying of guns and he disapproves of checkpoints.

“They have a checkpoint for everything nowadays,” he said. “They can’t stop infringing on your rights.”

Picard said he has protested dozens of checkpoints by warning drivers of crackdowns ahead.

The man he was supporting with his sign in front of the courthouse, Michael Friend, of Stamford, was arrested April 12 after holding his own sign. Friend held a handwritten message on a piece of paper, reading “Cops ahead” near a distracted driving checkpoint on Hope Street.

The police have been participating in a monthlong “U Drive, U Text, U Pay” campaign and have written hundreds of tickets for distracted driving, seat belt and other violations.

Talib, who is also an open carry and anti-checkpoint activist, said he has warned many drivers about checkpoints, sometimes while openly wearing a gun in a holster with an oversize Uncle Sam hat on his head.

Picard is facing infractions for warning drivers of a DUI checkpoint conducted by state police on Interstate 84 in West Hartford in 2015. He has filed a federal lawsuit against the troopers, who he recorded allegedly discussing how to concoct charges against him.

Sastre, who is also supporting Friend with his legal issues, said Friend did not make a plea to his charge on Thursday, but filed a motion for police to return two cellphones. Friend used one of them to record his interaction with police on April 12.

Sastre, who practices law in Bristol, said Friend sees the distracted driving details and other DUI enforcement measures as a way for a municipality to make money and raise revenue. Sastre said the arrest was a violation of Friend’s free-speech rights.

According to Connecticut statute, the state is required to return 25 percent of the fine to the municipality where the ticket was issued.

jnickerson@stamfordadvocate.com