The American Civil Liberties Union of Nebraska says Larry Ball was exercising his First Amendment rights. The ACLU filed a motion Monday in Ball’s casing requesting that the charges against him be dismissed.
The 76-year-old Ball was arrested March 15 after refusing police orders to stop handing out the fliers as the Nebraska Boys State Basketball Tournament was being played inside the arena.
Ball and the ACLU say Ball was on a public sidewalk and was therefore free to hand out fliers. Police and city prosecutors dispute that Ball was on public property.
A hearing in the case has been set for Wednesday.