St. George • What Jack Hoopes deemed to be freedom of expression turned out to be a not-so-beautiful noise to a St. George police officer.

During the “No Kings” protest at Vernon Worthen Park on March 28, the officer cited Hoopes for unlawful horn use after the Ivins resident drove down 400 East and honked in solidarity with the sign-toting protesters lining the street.

Though it is an infraction punishable by a fine of up $50, Hoopes is opting to contest the citation, which he said is an unreasonable and possibly politically motivated violation of his First Amendment right to freedom of speech.

Determined to fight on principle, Hoopes pleaded not guilty to the infraction at his St. George Justice Court arraignment on Tuesday, signaling he is prepared to go to trial.

“I’ve beeped my horn at Back the Blue rallies,” Hoopes said. “I’ve seen people honk their horns at MAGA rallies in Idaho. I’ve gone to several ‘No Kings’ rallies, and watched more on YouTube, and everyone honks their horns. So people are honking their horns all across the nation, but I guess I can’t do that here in St. George.”

A former prosecutor in Fremont County in southeast Idaho during the 1980s, Hoopes and his wife, Lorna, now divide their time between Idaho Falls and Ivins, where they have attended several “No Kings” events. At the most recent protest, Hoopes said, he and his wife linked up with some friends at the park to speak out against the Trump administration.

After about an hour, Hoopes said he and his wife left and walked to their car. On their way home, he said, they drove by the park where he, like many of the other cars, honked at the protesters lining the street.

“I beeped my horn twice – I didn’t lay on it – as we passed the people with signs,” he recalled. “An officer who was in a vehicle parked on the street was telling people to quit honking their horns. Then I saw a friend who I didn’t know was at the park and I beeped the horn once more.”

Hoopes said the officer turned around and pulled him over, initially leading Hoopes to believe he was getting a ticket. When a passing driver emitted a long honk, Hoopes said he asked the officer why that driver wasn’t being pulled over.

“I couldn’t believe I was being pulled over for honking my horn, but I was being decent to the officer,” Hoopes said. “But he said, ‘I’ve tried to be cordial to you and give you a warning, but now I’m giving you a ticket.”

State law bans horns that are unusually loud or harsh and restricts the use of vehicle horns on highways to ensuring safe operation. Hoopes said he doesn’t see how the law applies to honking at a political rally and that his horn is neither loud nor harsh.

“I honked mine on a street,” he added, “so I can’t see how this law applies. Honking your horn at a protest as a form of agreement or disagreement is about freedom of speech and is something that nearly everybody does at these events.”

Police spokesperson Tiffany Mitchell said that “most roads in Utah are considered highways,” meaning the law’s restriction on horn use could apply in many city settings. Asked if anyone other than Hoopes was cited for illegal horn use at the March rally, Mitchell said she would have no way of knowing other than to interview every officer who worked the “No Kings” event.

Mitchell said St. George officers have cited people for illegal vehicle horn use before, but she doesn’t know if it has happened at a political protest or rally. As for whether Hoopes’ actions should be regarded as a violation of the law or a protected form of freedom of expression, she added, that is for a judge to decide if the case goes to trial.

Hoopes’ next court appearance, a pretrial conference, is slated for July 15.