Ohio National Guard member sued by D.C. man detained for playing 'Star Wars' theme

COLUMBUS, Ohio (WCMH) – A Washington, D.C., man has filed a lawsuit against an Ohio National Guard member and local police, alleging he was detained for recording guardsmen in the nation’s capital while playing the villain's theme from "Star Wars."

On Thursday, Sam O’Hara, 35, filed the lawsuit against guardsman Sgt. Devon Beck, of Columbus, and four D.C. police officers over his Sept. 11 arrest, which he claims violated his First Amendment rights. 

According to the complaint, filed in federal court in the District of Columbia, O’Hara saw Beck and several other guard members walking on his way home from work and “calmly” walked behind them, playing “The Imperial March” aloud on his phone while recording. The song is used to signal the presence of Darth Vader and the Galactic Empire in the "Star Wars" movie series.

The lawsuit claims O’Hara, who followed from several feet away, did not speak to, touch or otherwise interfere with the guard members’ duties. He played the music “loudly but not at a blaring level,” the suit states.

In less than two minutes, Beck turned around and threatened to call District police officers to “handle” O’Hara if he persisted, the filing says. O’Hara continued playing the music and recording. Beck then contacted the police and four officers came to the scene, placing O’Hara in handcuffs. O’Hara was in the handcuffs for about 15-20 minutes before officers released him without charging him.

“The law might have tolerated government conduct of this sort a long time ago in a galaxy far, far away,” the complaint says. “But in the here and now, the First Amendment bars government officials from shutting down peaceful protests, and the Fourth Amendment (along with the District’s prohibition on false arrest) bars groundless seizures.”

O’Hara is seeking unspecified compensatory and punitive damages, as well as his legal fees. The Ohio National Guard declined to comment on the case, and instead directed NBC4's inquiry to the District of Columbia National Guard.

The filing noted that Beck’s decision to contact local police was in adherence to Ohio Gov. Mike DeWine’s directive that the Metropolitan Police Department, not guard members, make arrests. 

The Sept. 11 incident does not mark the first time O’Hara has played “The Imperial March” while recording guard members. Since August, O’Hara has posted dozens of TikTok videos of him trailing behind guardsmen as he plays the song. Most guard members have ignored O’Hara, with some laughing or smiling, the suit said. The posts have racked up millions of views. 

“Armed National Guard should not be policing D.C. residents as we walk around our neighborhoods,” O’Hara said in a statement. “It was important to me not to normalize this dystopian occupation. Instead of respecting my right to protest, police officers handcuffed me so tightly my wrists were still marked and sore the next day. This shows the danger of deploying troops onto American streets: it puts all our basic rights at risk.”

The August mobilization of the troops in the nation’s capital came after President Donald Trump issued an executive order declaring a crime emergency in the city. More than 2,300 guard members from eight states, including Ohio and the District, were deployed, alongside hundreds of federal agents. 

The U.S. Department of Justice said in January that the District’s violent crime rate is at a 30-year low. It is unclear how long the guardsmen may stay in the city.