Columbus' police union is filing a lawsuit in Franklin County Common Pleas Court to stop a city investigation into their president, who made comments on social media about lynching that a city employee complained about.
Columbus Fraternal Order of Police Capital City Lodge 9 President Jeff Simpson came under investigation by the city of Columbus, after a Black city employee complained about comments Simpson made on social media last year about lynching and Jason Aldean's controversial song "Try that in a Small Town." Now, the FOP is suing on Simpson's behalf to stop the city's investigation by asking a judge for a restraining order and permanent injunction.
In posts made last year, Simpson responded to a post defending the song from its critics. Aldean's song and music video drew backlash from Black civil rights leaders for using lyrics and images they claimed were racially insensitive and referenced lynching.
The music video showed scenes from Black Lives Matter protests where there were riots and vandalism, but much of the criticism around the video has less to do with these clips than its setting: The Maury County Courthouse building in Columbia, Tenn., which serves as an American-flag-draped backdrop for Aldean and his band. The landmark was the site of race riots in 1946, as well as a 1927 lynching in which a white mob pulled an 18-year-old black man, Henry Choate, from jail and dragged him through the city by car, according to several media reports, including one detailed account from The Washington Post.
Simpson first commented on a post and said "I hope this song goes to #1. The tolerant left is off the hook. People need to stand up and not be moved. Keep fighting for this country."
Another social media account owner told Simpson the music video made references to lynching. Simpson responded and said, "[B]ack in the day that was the penalty you got for doing really bad things. Today you get nothing."
Simpson continued to argue with other people on social media about the song, including Tim Myers, a current deputy chief with Columbus police.
"Jeff, if you think lynching is 'the penalty you got for really bad things' you really need to educate yourself. This is unacceptable," Myers wrote.
Simpson then insulted Myers and continued to question why the song was being connected to lynching.
The lawsuit doesn't dispute what Simpson said on X, formerly known as Twitter. In fact, Harshman, Wannemacher, Tipton, and Lipperman, the law firm representing Simpson, provided screenshots of Simpson's comments. The lawsuit claims Simpson's actions are protected, because he used his personal account to make statements as the president of the union.
The lawsuit alleges official police union actions are protected as police union activity, and are therefore protected from a city investigation regardless of the nature of the content. The lawsuit also argues the city needs to stop its investigation and exonerate Simpson.
The FOP and the law firm have not responded to WOSU's request for comment.
City Attorney Zach Klein said in a statement he is reviewing the lawsuit. Klein said public servants should be held to a high standard of conduct and called Simpson's comments "abhorrent and disturbing."
The union represents over 4,000 law enforcement officers in central Ohio and over 1,800 officers in CPD.
