‘Star Wars’ ‘Imperial March’ plays behind National Guard troops in Washington, D.C.
A man was seen chasing National Guard troops in Washington while playing the Star Wars Imperial March song. The video, originally uploaded by TikTok user @everybodyacriticshow, shows a man walking his dog in a park while playing music on his cell phone behind a security guard. Credit: Everyone a Critic/@everybodyacriticshow via Storyful
COLUMBUS, Ohio — A Washington, D.C., man filed a lawsuit against the Ohio National Guard and several police officers on Oct. 23 after he was detained during a September protest in the nation’s capital while playing the theme song of a famous “Star Wars” movie villain.
The American Civil Liberties Union filed a lawsuit on behalf of Sam O’Hara, 35, naming Sgt. Defendants include Devon Beck of the Ohio National Guard and four Washington, D.C., police officers. The lawsuit stems from his Sept. 11 arrest, which he claims violated his First Amendment rights.
According to the complaint, O’Hara frequently protested the National Guard presence in Washington, D.C., in August. On August 16, Ohio Governor Mike DeWine ordered 250 Guard troops to be sent to Washington at the request of the Secretary of War.
“Mr. O’Hara was deeply concerned about the constant presence of military patrolling the Washington, D.C., area, so whenever he saw Guard members in the area, he began to protest their presence by walking several feet behind them,” the lawsuit filed in the U.S. District Court for the District of Columbia states.
Using her cell phone and sometimes a small speaker, O’Hara recorded the encounter and posted it on TikTok, playing “Imperial March,” the memorable John Williams composition synonymous with the “Star Wars” character Darth Vader.
“Sergeant Devon Beck of the Ohio National Guard did not find this satire funny,” the complaint states.
The lawsuit accuses security guards and local law enforcement officers of suppressing speech, retaliation, unlawful seizure, excessive force, and false imprisonment. O’Hara is seeking unspecified compensatory and punitive damages in addition to legal costs.
Man arrested for protesting with Darth Vader song, lawsuit says
On Sept. 11, O’Hara was walking home from work when he saw Beck and several other uniformed security guards patrolling the Logan Circle area near downtown Washington, D.C., and O’Hara played the march’s theme song on his cell phone and began recording it, according to the complaint.
The complaint alleges that O’Hara threatened to call the Metropolitan Police Department if Beck continued to cause trouble.
“Hey, if you’re going to keep following us, we can contact Metro PD and they can deal with you if that’s what you want to do. Is that what you want to do?” Beck said, according to the complaint.
O’Hara continued to record and perform music. “Is that what you want to do? I understand,” Beck said, according to the complaint.
Beck called the Metropolitan Police Department, and O’Hara was handcuffed, according to the complaint.
The lawsuit cites the logic behind Governor DeWine’s decision to send the Ohio National Guard to Washington, D.C., noting that “Governor DeWine retains command of the Ohio National Guard operating in the District.” According to the newspaper, Beck’s decision to contact local police was “(a) in accordance with Governor DeWine’s directive that MPD, not troopers, make the arrest; Sergeant Beck stepped aside and briefly called MPD.”
Four police officers eventually arrived and questioned O’Hara about whether his actions constituted a protest, according to the complaint. They handcuffed O’Hara for 15 to 20 minutes before eventually releasing him without charge, according to the complaint.
“Long ago, in a galaxy far, far away, this type of government action may have been legal,” the complaint states. “Right now, however, the First Amendment prohibits government officials from shutting down peaceful protests, and the Fourth Amendment (along with the district’s prohibition on false arrests) prohibits baseless seizures.”
The Columbus Dispatch, part of the USA TODAY Network, has reached out to DeWine’s office and the Ohio National Guard for comment.
Man arrested during protests in Washington, D.C., releases statement
In a statement released by the ACLU, O’Hara condemned the continued military presence in Washington, D.C.
“For me, it was important not to normalize this dystopian occupation,” he said. “Instead of respecting my right to protest, the police officers handcuffed me so tightly that my wrists were still marked and sore the next day. This shows the danger of sending military forces to America’s streets. It puts all of our fundamental rights at risk.”
ACLU senior staff attorney Michael Perloff was also outraged by O’Hara’s detention and issued a statement defending his client’s right to perform the “Imperial March.”
“The government can’t decide whether your protest is funny or not, and government officials can’t punish you for using it as a punchline,” Perloff said. “That’s really the whole point of the First Amendment.”
