The City of Atlanta has agreed to pay $20,000 to street performer Baton Bob to settle a federal lawsuit filed after his 2013 arrest in Midtown, according to a City Council resolution.
The Atlanta City Council’s Public Safety Committee is expected to approve the settlement at a 3 p.m. meeting.
Bob Jamerson, 62, said he was celebrating the U.S. Supreme Court’s decision to end the federal ban on same-sex marriage when he donned a short wedding dress and hit a Midtown street corner on June 26, 2013, his lawsuit stated. But his performance was halted by his arrest, and he was charged with two counts of simple assault and one count of obstruction against the officer, all misdemeanors.
While handcuffed, Jamerson was forced to give officers his Facebook password so they could post on his behalf, his lawyer has said.
The Atlanta street performer — known for his batons, costumes and dancing on city sidewalks — should never have been arrested, and his constitutional rights were violated, his federal lawsuit filed in February stated. The lawsuit represents a continued fight for the gay and lesbian community, attorney Joshua Brownlee previously told The Atlanta Journal-Constitution.
Brownlee declined to comment on the pending settlement early Wednesday until it is finalized.
After his arrest, Jamerson was booked into the Fulton County and released the following day on a signature bond. An internal affairs investigation was completed in December 2013, and a police lieutenant was suspended for five days and an officer, who later resigned, was suspended one day, the lawsuit states. In December 2014, the charges against Jamerson were dropped.
In March, the City called Jamerson's claims "baseless" in a statement to the AJC.
“The City will defend this matter vigorously and expects to prevail,” the statement said.
But the resolution offering Jamerson a settlement states the City determined it was in its best interest to have the case dismissed.
“The City Attorney has done extensive review of the facts and the law and has determined that the City’s potential financial exposure in defending against Plaintiff’s claim is in excess of the Settlement Amount,” the resolution states.
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