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Charges Dropped For Man Who Wore Military Uniform At OIA

Posted: 5:27 pm EST November 3, 2008Updated: 5:51 pm EST November 3, 2008

A man arrested for dressing up as a member of the military was cleared and, in doing so, a Florida law has been blown wide open. The man at the center of the case went to Orlando International Airport dressed as if he was in the military and, allegedly, he hoped for special treatment.

TSA agents quickly found out he wasn't what he appeared to be. Police then arrested 37-year-old Fernando Montas. His case went to court and he was recently cleared.

The State Attorney's Office says, even if another person is arrested for impersonating a military officer, the charges will most likely be dropped. Prosecutors say the laws are too broad and they need to be changed.

"I'm very happy with the decision. I'm happy," Fernando Montas told Eyewitness News.

He and his wife Carmen said they are ready to move on with their lives. An appellate court cleared him, stating the Florida statue was unconstitutional. Prosecutors said he was arrested at the Orlando International Airport for impersonating a military officer and then trying to go through a special line for military personnel. Montas said he wore the outfit to support a family member who was in the military.

"I love the Army. I support the Army," he said.

According to reports, a TSA agent asked Montas if he was in the military and Montas said yes, but then admitted to lying when asked to show identity. Prosecutors claim he was trying to deceive the public and was not being patriotic.

"It is not right that we cannot wear what we want to wear and express our feelings," Carmen Montas told Eyewitness News.

The courts did not buy the argument that he was being patriotic, but agreed the law is too broad. The law states "every person other than an officer or enlisted person." That means even someone who wearing a Halloween costume would be breaking the law.

"What a person wears can be a form of expression. When a law prohibits what people can wear then it violates First Amendment," said Rajan Joshi, Mark NeJame law partner.

The judge said legislators need to go back and rewrite the law. The Attorney General's Office said it can't do anything either unless someone challenges the statute.

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