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City settles with boxer-clad man for $10K

Sept. 22, 2010 at 4:11 PM

BOULDER, Colo., Sept. 22 (UPI) -- A Colorado city is paying $10,000 to an activist who was arrested while wearing only boxer shorts during a city council meeting, lawyers confirmed.

David Lane, an attorney for activist Seth Brigham, said the city of Boulder agreed to pay his client to avoid a lawsuit on First Amendment and Fourth Amendment grounds for alleged violations of his free speech and freedom from unlawful arrest, the Boulder Daily Camera reported Wednesday.

"Under the terms of the settlement, neither side is making any admission of liability, errors or blame," Boulder city spokeswoman Sarah Huntley said in a statement. "The city's decision to settle this claim is based on economic factors, including the costs that would be associated with litigating this matter."

Lane said Brigham's rights were violated Feb. 16 when he was arrested after refusing to leave the podium while wearing only his boxer shorts during a city council meeting. Trespassing and obstructing police charges were filed and later dropped.

"They're paying money because we threatened to sue for the First and Fourth amendments," Lane said. "If they want to save taxpayers' dollars, then don't violate the constitutional rights of taxpayers."

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