TUCSON. ARIZONA. (KGUN) – The civil dispute between Pima County Sheriff Chris Nanos and Sheriff’s Deputy Sergeant Aaron Cross reached federal court Monday morning.

Judge Raner Collins denied Cross’ request for a preliminary injunction that would have overturned the deputy’s suspension. He ruled that Cross was “certainly trying to look like a deputy on duty” by protesting, which violates PCSD policy.

However, the judge also ordered the Sheriff’s Department to clarify within 24 hours its policy on what off-duty deputies cannot wear during political activities, saying the current guidelines are “ambiguous” and could discourage others employees to exercise their right to protest under the First Amendment. Collins also clarified that there is nothing wrong with holding signs that say “MPS DON’T WANT NANOS.”

Our cameras were not allowed in the courtroom, but outside we met with Cross’ attorney, Steven Serbalik, after the hearing Monday morning.

“We want to prevent the Sheriff’s Department from punishing Aaron Cross, or any other deputy, who attempts to exercise his First Amendment right to protest outside of his uniform and off-duty,” Serbalik said regarding the request for a preliminary injunction.

“Outside the uniform” is the point of contention. The complainant claims that he never wore any identifying badges, patches or logos while demonstrating with a “MPs Don’t Want Nanos” sign.

When told to avoid wearing the same colors as a deputy’s uniform, Cross wore a gray t-shirt and khaki pants, pictured below. He was placed on paid leave shortly afterward.

US District Court

“The idea that someone can’t protest if they’re wearing a gray t-shirt and pants of a different color than people in the ministry wear is concerning,” Serbalik said.

Nanos’ lawyer declined to speak to us. At the hearing, the defense argued that Cross’ tactical boots, pants and belt, his gun holster and handcuffs made him “appear as if he were a deputy” and that doing so all doing politics was breaking the law (the Hatch Act).

Cross is not authorized to speak publicly about the details of his suspension, but he said during Monday’s hearing that he wore a Halloween cowboy costume to Sunday’s protest.

Nanos’ opponent, Heather Lappin, was also placed on administrative leave for learning of Cross’s actions. Lappin is not part of this lawsuit.

This is because early voting is already underway and Election Day is only a week away.