Flagstaff Woman Sues Recorder Office Over Tea Party Shirt

Diane Wickberg, a 55 year old grandmother and Tea Party member, is suing the Coconino County Recorder over a t-shirt she tried to wear into a polling place.  The t-shirt, which says "Flagstaff Tea Party:  We The People Reclaiming our Constitution", was worn into a polling location on May 18, the day of a state wide sales tax vote.

State voting laws state:  "no political or electioneering materials are to be displayed" within 75 feet of a polling location.  When Wickberg entered the facility to place her vote, she was quickly told that she would either have to change her shirt or cover it up to enter.  Although there is no definition for electioneering in Arizona state statues, County Recorder Candace Owens insists the shirt was not appropriate.  Via AZCentral.com:

"Decisions are made on a case-by-case basis," she said. "It's a fine line.""My determination was that they are political in nature," she said. "They've been organized for that very purpose, and there were a number of candidates that were endorsed by the tea party or said they were."

Wickberg attempted to wear the shirt again when voting in the August 24, primary.  Again she was told to cover up or leave.  She put on a sweater to cast her vote.  Her lawsuit is asking a judge to deliver an injunction, allowing her to wear the shirt again on November 2, during the general election.

As the Tea Party is not a legally recognized political party, the lawsuit may present a challenge to the judicial system and will likely become a precedent referred to in future cases.  Expect an update as the story develops.