Lincoln County resident Tony Seno walked away from a recent federal court arbitration hearing $10,500 richer and satisfied that his First Amendment right to wear a cowboy hat while speaking to an elected public body, the Ruidoso News reported.

In May 2005, Seno refused to remove his cowboy hat while speaking at the podium before the Lincoln County Commission, and former commission chairman Rick Simpson ordered Seno removed from a second meeting, the News reported.

Seno sued the county for nearly $2 million in August 2005, claiming his free speech rights had been violated, that he had suffered intentional infliction of emotional distress, false arrest or seizure and violation of his equal-protection rights, the paper said.

A federal judge in January found that Simpson had violated Seno's First Amendment rights and ordered both sides to a settlement hearing, the News reported.

At a hearing on Feb. 20, Chief Magistrate Judge Lorenzo Garcia told Seno he had three options: accept Lincoln County's settlement offer of $10,500; take the issue to trial; or make a counteroffer, the paper said.

"If I took it to trial, it would cost the public a lot of money," Seno told the News, adding that to do so would be like Moby Dick's Captain Ahab pursuing the white whale.

County Manager Tom Stewart told the News this week that he and the county attorney agreed that the settlement was a practical one and that there was no admission of liability by the county.

"We settled for what is called nuisance value with each side paying their own attorney fees," Stewart said. "We have to remember that we are dealing with taxpayer money and there was no point in stretching this thing out." 

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