Pima County Sheriff’s Department responds to court with off-duty clothing policy - AZ Luminaria

Nov 02, 2024

Yes to polo shirts without green or khaki combat pants and a tactical belt. No to combat pants, handcuffs and tan boots in combination.

Those are among the parameters detailing what off-duty sheriff’s department employees can wear while engaging in political activities, like protesting, to avoid the appearance of being on-duty, according to a newly released directive from the Pima County Sheriff’s Department.

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With only one week to go until the Nov. 5 election, it’s the latest volley in a lawsuit between incumbent Sheriff Chris Nanos and employee and union leader Sgt. Aaron Cross over political speech by department employees.

Cross has campaigned off-duty against the reelection of Nanos by protesting with a sign reading “Deputies don’t want Nanos;” the sheriff’s department has alleged he did so while wearing clothing that too closely resembled his deputy uniform, and placed him on administrative leave for violating the Hatch Act.

In response, Cross sued Nanos for civil rights violations. Tuesday’s directive was released in response to a federal judge’s Monday ruling requesting clarification on off-duty clothing parameters.

Cross has said he wore “no badges, insignia, or county issued equipment at all” in the protest that led to his being placed on administrative leave. He said most recently he has been protesting while wearing a cowboy Halloween costume.

In Monday’s ruling ordering the clarified clothing guidance, Senior U.S. District Judge Raner C. Collins said he felt that in some of his public protests, Cross did seem to dress like a department officer.

“The Court can conclude from looking at the photographs from Saturday, October 12, 2024, and Monday, October 14, 2024, that Plaintiff Cross was certainly attempting to look like an on-duty deputy,” the ruling said.

The court also raised concerns about constitutionally-protected free speech rights.

“The Court is concerned that these colors and clothing items are not clearly defined, and that the ambiguity could have a chilling effect on others who wish to exercise their right to protest while off duty,” Collins said.

The sheriff’s department directive shared Tuesday said green or khaki combat pants, tan colored boots and a tactical belt with an ammunition magazine and handcuffs should not be worn together while engaging in a protest or other political activity.

Polo shirts, however, can be worn if the other clothing items are not included, the directive says.

“A polo shirt of any color not worn together with BDU [battle dress uniform] pants, tan boots, and a ‘5.11’ type tactical belt with an ammunition magazine and handcuffs does not create a prohibited appearance, provided no insignia or other identifying logo is on the shirt,” said the document.

Wearing a uniform, badge or insignia while engaging in political activity is entirely prohibited.

The directive said department deputies can submit questions about clothing standards to Uniform Committee Chairman Captain Derek Ogden by phone or email.

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by Yana Kunichoff, AZ Luminaria October 29, 2024

Yana Kunichoff is a reporter, documentary producer and Report For America corps member based in Tucson. She covers community resilience in Southern Arizona. Previously, she covered education for The Arizona... More by Yana Kunichoff