A former MSU student’s First Amendment rights were backed up by a local judge last week, more than a year after the student confronted a parking officer who issued him a ticket.
Jared Rapp confronted the parking enforcement employee, MSU communication senior Ricardo Rego, for issuing the ticket and was later convicted for “disrupting the normal activity of a university employee,” Rapp’s attorney J. Nicholas Bostic said.
The conviction was reversed and charges were dismissed by Ingham County Circuit Judge Paula Manderfield on Oct. 1.
An MSU ordinance was found to be unconstitutional by Manderfield and Rapp’s conviction was reversed, according to documents sent by Manderfield’s office. Manderfield declined to comment further.
“Judge Manderfield overturned it because it’s unconstitutional on its face,” Bostic said. “The ordinance allows the police and prosecutors to criminalize verbal conduct.”
Rego issued the ticket and said Rapp had no right to approach him in such a “hot headed” manner.
“I was towing a car … waiting for the tow truck to show up (and) he just came speeding down the ramp,” he said. “(He) came to a screeching halt right in front of my truck (and) I thought he was coming up to hit me. He was just yelling and had the ticket in my face … I tried talking to him.”
Rapp was trying to get Rego’s name to ensure he was the officer who showed up in court, Bostic said.
“Anybody can show up and just read what was on the ticket,” Bostic said. “With these parking guys, they were just sending over substitutes.”
Rego said the actual enforcer who issued the ticket must now be present in court.
“We show up to court for our own tickets now,” he said.
It is understandable that students would be upset about parking tickets, but to become very angry is not acceptable, Rego said.
“I have people come up to me every day and ask me questions every day,” he said. “It’s understandable they would be upset, (but) nothing justified the way Jared Rapp (acted).”
Confrontation is legal as long as it’s controlled, Bostic said.
“The confrontation has to be verbal only … not loud and vulgar, within reason,” he said. “Civil request or challenge to police or law enforcement … constitutional.”
Students don’t have to be afraid to address a law enforcement officer, Bostic said.
“They don’t need to be afraid to speak up if they think a law enforcement person isn’t doing the right thing,” he said.
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