Fairhope Judge Acquits Renea Gamble After Andrew Babb Arrest Over Penis Costume Protest

A Fairhope municipal judge acquitted Renea Gamble of charges tied to her arrest during an Oct. 18 “No Kings” anti-Trump rally in Fairhope, Alabama, after she wore a giant inflatable penis costume and carried a sign.

“It is, officially, not a crime to wear an inflatable penis costume to a protest in Alabama”

Above the Law

The case centered on what Fairhope Police Cpl. Andrew Babb did during the encounter and whether it violated Gamble’s free speech rights.

Above the Law

Judge Haymes Snedeker, after a trial lasting “more than two hours,” said he did not believe Babb was attempting to suppress Gamble’s free speech rights.

Snedeker also said there “may have been enough probable cause for Babb to arrest her,” but he was “not 99.9% certain that Gamble should be convicted of crimes stemming from the actions that led to her arrest.”

Gamble was found not guilty of misdemeanor charges of disorderly conduct and resisting arrest, as well as a municipal violation for disturbing the peace and giving a false name to law enforcement.

“There is a standard that needs to be met,” Snedeker said, and the ruling concluded an unusual court proceeding held in the same room where the Fairhope City Council typically meets.

Outside the courtroom, Gamble told a cheering crowd, “Free speech wins,” and said, “It doesn’t end at the city limits.”

Testimony and video evidence drove the dispute over whether Babb’s actions were justified and whether the arrest was rooted in safety concerns or in offense at the costume.

Babb testified that he was using de-escalation techniques he was trained to employ as a police officer, and he said he was concerned about safety and viewed Gamble’s costume as an “obstruction.”

AL

Babb also said he did not arrest her because he was personally offended by the costume or her anti-Trump message, and he said police responded due to reports of water bottles being thrown at protesters.

But witnesses called by Gamble’s attorney, David Gespass, testified that the scene at the busy intersection of Greeno Road and Fairhope Avenue was largely peaceful, with Babb himself saying, “It was a brushfire.”

Gespass argued that body camera footage revealed the true nature of the confrontation, including a moment where Babb told Gamble her costume would not be tolerated in a town that “has values.”

In closing arguments, Fairhope city attorney Marcus McDowell said, “She decided to escalate the situation,” and “She made (a withdrawal for) bail money the day before.”

Gamble’s attorney countered that the footage showed Babb approaching aggressively and that Gamble did not step into the road or create public safety issues.

Gamble and her supporters framed the case as a test of First Amendment rights, arguing that wearing an inflatable penis costume as part of a protest was protected expression.

“A countersuit is planned alleging the arrest violated the woman’s First Amendment rights”

Alabama Political Reporter

Gamble’s attorney David Gespass argued that Fairhope police violated Gamble’s First Amendment rights to gather and protest peacefully, and he emphasized that she did not step into the road or create public safety issues.

In the courtroom, Gespass also pointed to what he said was an aggressive confrontation focused on the costume rather than traffic or safety, saying, “That’s all he talked about when he was confronting her was, ‘I am not going to put up with this in my town.”

In a separate account, Reason Magazine quoted a prosecuting attorney’s line that “There is no constitutional right to wear a total erect penis on the side of the road,” and it also described how the judge was unswayed.

Courthouse News reported that Gamble’s attorney David Alan Gespass called the prosecution “absurd from the start” and argued the arrest was a clear First Amendment overreach.

Gamble herself told the crowd, “We have civil rights in Fairhope,” and said, “As Alabamians, we dare defend our rights, and this fight is not over.”

She also said, “We have some growing and relearning to do about the rights the citizens of this town have,” and that the rights were “on par with the rest of the nation.”

While all accounts describe Gamble’s acquittal, they differ in how they characterize the charges, the timeline, and the legal framing.

AL.com’s reporting emphasized Judge Haymes Snedeker’s uncertainty, quoting that he was “not 99.9% certain that Gamble should be convicted,” and it listed the specific outcomes as misdemeanor disorderly conduct and resisting arrest plus a municipal violation for disturbing the peace and giving a false name to law enforcement.

Courthouse News

WKRG reported the acquittal as “not guilty of disorderly conduct, amongst other charges,” and it said the false name charge was dropped before trial, while also stating the judge found Gamble not guilty on Wednesday, April 15.

Fox 10 News described the case as ending with “not guilty on three charges, with a fourth dismissed,” and it said the trial was a “two-and-a-half-hour bench trial.”

Courthouse News described the case as involving “all remaining misdemeanor charges” and said Snedeker acquitted Gamble after “three hours of testimony,” while also stating that Snedeker dropped the charge for providing a false name before holding trial on three other charges.

Reason Magazine framed the case as a First Amendment win and described the false name charge as being dropped before trial even as it quoted McDowell’s “total erect penis” argument.

Across these accounts, the same core facts appear—Gamble’s age of 62, her inflatable 7-foot penis costume, the “No Kings” protest, and the role of Andrew Babb—but the outlets’ legal emphasis shifts between probable cause, the standard for conviction, and the number and status of charges.

Even with the acquittal, the case’s legal and political consequences remained active in the reporting.

Gamble’s attorney David Gespass said a countersuit accusing the Fairhope Police Department of violating Gamble’s First Amendment rights is likely, and he said, “This is the only reasonable conclusion the judge could have drawn.”

Fox 10 News

He also said, “Whether or not there was probable cause, as the judge claimed there was, that’s another question for another time. I disagree with that as well.”

Fox 10 News similarly reported that Gespass said his client’s civil rights were violated and that they would be “entertaining the possibility of going back to court on that issue.”

In the courtroom, city attorney Marcus McDowell declined to comment after the trial, and he had argued during closing arguments that “She decided to escalate the situation,” while also saying “There is no constitutional right to wear a total erect penis on the side of the road.”

Fairhope Police Chief Stephanie Hollinghand also declined to comment.

Gamble said, “This fight is not over,” and she reiterated, “As Alabamians, we dare to defend our rights,” suggesting the dispute over protest rights will continue beyond the verdict.