A homeless man’s protest sign in downtown Durango drew the attention of passers-by and police Tuesday, resulting in a citation for loitering.
The sign read “Democrat$ and Republican$ use the Constitution as butt wipes.”
Brian Harwood, 42, said he was holding the sign outside Francisco’s Restaurante y Cantina, 619 Main Ave., when a woman passed by and gave him a look before entering the restaurant to complain.
Restaurant staff asked him a few questions before Harwood told them to call police. A Durango Police Department officer soon arrived and cited Harwood for loitering.
While political speech is broadly protected by the First Amendment, loitering is not. Harwood admitted he was in front of the restaurant for about an hour and a half. A court could decide if Harwood’s citation was appropriate. Harwood said he intended to file suit against the city and restaurant.
“I know this is unconstitutional,” he said. “This is wrong.”
A DPD spokesman could not immediately be reached for comment Tuesday.
Harwood, who is homeless and unemployed, said he’s been in Durango for about six months. He called himself a “drifter,” a “traveler” and a “political activist.” Harwood acknowledged his style is “in your face.” He said he often draws a middle finger on his political signs.
He said the incident on Tuesday fits a familiar experience around the country – local authorities issue ticket to prompt homeless people to move on to the next city.
“They give drifters tickets to get them out of town,” he said.
Homeless individuals often acquiesce rather than pay the tickets or contest them in court, he said.
Low-level fines and tickets have come under increased scrutiny in the wake of unrest in Ferguson, Missouri. Media reports indicated the number of arrest warrants in Ferguson exceeded the number of residents in 2013.
Harwood said he wouldn’t slip out of town quietly.
“Now, I’m going to stay and fight it,” he said.
cslothower@durangoherald.com
