Lawsuit: D.C. man detained for playing "Star Wars" song at National Guard
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National Guard members at Union Station in Washington, D.C., during President Trump's crime crackdown of the city in August. Photo: Kevin Dietsch/Getty Images
A D.C. man filed a lawsuit Thursday claiming he was detained for playing Darth Vader's theme from the "Star Wars" while protesting National Guard troops patrolling the city during President Trump's crime crackdown.
The big picture: The American Civil Liberties Union filed the suit on behalf of Sam O'Hara against four Metropolitan Police Department officers and a member of the Ohio National Guard seeking damages for alleged First and Fourth Amendment violations, false arrest/imprisonment; battery.
Driving the news: After Trump sent in the National Guard from D.C. and states around the U.S. as part of his crime crackdown, O'Hara started protesting the deployment by playing "The Imperial March" song from "The Empire Strikes Back," the second film in the original "Star Wars" trilogy, while filming National Guard troops on the city's streets.
- Most Guard members "ignored" O'Hara and "a few smiled or laughed" at his actions and he uploaded the videos TikTok, where they were viewed "millions" of times, per the suit.
Yes, but: The Ohio guardsman "was not amused by this satire" and "threatened to call D.C. police officers to 'handle' the protester if he persisted" when the incident took place on Sept. 11, the ACLU attorneys allege in their complaint, filed in the U.S. District Court of Colombia.
- The complaint claims O'Hara was using his phone "and sometimes a small speaker, he played The Imperial March as he walked, keeping the music at a volume that was audible but not blaring."
- The D.C. police officers arrived and "tightly" handcuffed and detained O'Hara for 15-20 minutes, according to his attorneys.
- The MPD shared a police report of the incident with Axios, saying the guardsman had "flagged down" the officers and that O'Hara was "sent on way without further incident."
What they're saying: "The law might have tolerated government conduct of this sort a long time ago in a galaxy far, far away," the ACLU attorneys say in the suit.
- "But in the here and now, the First Amendment bars government officials from shutting down peaceful protests, and the Fourth Amendment (along with the District's prohibition on false arrest) bars groundless seizures."
- A spokesperson for the MPD declined to comment on the matter, noting the department does not comment on pending litigation. Representatives for the Ohio National Guard did not immediately respond to Axios' request for comment.
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