SELLERSBURG, IN (WDRB) -- New Albany Patrolman Jack Messer's alleged racist comments about African Americans two years ago continues to stir up debate. He said "the worst thing the government ever did for those people [African Americans] was to grant them civil rights."
On Wednesday those arguments went before three judges with the Indiana Appeals Court. Messer claimed his comment was taken out of context. A police merit board found the statement not to be racist, but felt the perception was there. The members ruled Messer's conduct was unbecoming of an officer and suspended him for 40 days.
"What I disagree with and what this court has the ability to review is whether or not the discipline to Jack Messer is in violation of the First Amendment, said defense attorney Bart Betteau. His argument: Messer's statement is protected political speech.
But the city's attorney argued there was a public perception it was racist and threatened disruption so it outweighed Messer's First Amendment rights. "When you're dealing with law enforcement, a police department, there is a much greater potential for public disruption and the courts give considerable judicial deference," said Brandon Smith.
Betteau also argued Messer had a right to privacy because his comments were made during a private roll call and he could not foresee it going past his fellow officers and their "code of silence." "He had no idea, that's what the difference is, he had no idea this would be publicly disseminated," said Betteau.
The judges will issue their ruling in the coming weeks. Betteau says he will appeal if he's ruled against, but was coy about what would happen if he wins. "In my mind when we prevail, we're going to look at all options," said Betteau.
Click here for an earlier story on Messer's apology for his remarks.
Messer is still an officer, and has served more than 27 years. He's also a city council member.
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