Culture

Ohio National Guard member sued by D.C. man detained for playing ‘Star Wars’ theme

Ohio National Guard member sued by D.C. man detained for playing ‘Star Wars’ theme

COLUMBUS, Ohio (WCMH) – A Washington, D.C., man has filed a lawsuit against an Ohio National Guard member and local police, alleging he was detained for recording guardsmen in the nation’s capital while playing the villain’s theme from “Star Wars.”

On Thursday, Sam O’Hara, 35, filed the lawsuit against guardsman Sgt. Devon Beck, of Columbus, and four D.C. police officers over his Sept. 11 arrest, which he claims violated his First Amendment rights.

Former Buckeyes center Nick Mangold, 41, dies from kidney disease

According to the complaint, filed in federal court in the District of Columbia, O’Hara saw Beck and several other guard members walking on his way home from work and “calmly” walked behind them, playing “The Imperial March” aloud on his phone while recording. The song is used to signal the presence of Darth Vader and the Galactic Empire in the “Star Wars” movie series.

The lawsuit claims O’Hara, who followed from several feet away, did not speak to, touch or otherwise interfere with the guard members’ duties. He played the music “loudly but not at a blaring level,” the suit states.

In less than two minutes, Beck turned around and threatened to call District police officers to “handle” O’Hara if he persisted, the filing says. O’Hara continued playing the music and recording. Beck then contacted the police and four officers came to the scene, placing O’Hara in handcuffs. O’Hara was in the handcuffs for about 15-20 minutes before officers released him without charging him.

“The law might have tolerated government conduct of this sort a long time ago in a galaxy far, far away,” the complaint says. “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.”

O’Hara is seeking unspecified compensatory and punitive damages, as well as his legal fees. The Ohio National Guard declined to comment on the case, and instead directed NBC4’s inquiry to the District of Columbia National Guard.

Sunday Briefing: Ohio gerrymandering; shutdown continues; 15th district candidates

The filing noted that Beck’s decision to contact local police was in adherence to Ohio Gov. Mike DeWine’s directive that the Metropolitan Police Department, not guard members, make arrests.