TikTok comedian threatens lawsuit against state police after arraignment

Mar. 4—Following his arraignment Monday on a misdemeanor charge of illegally wearing a state police uniform while creating a comedy video, local TikTok performer Aldin Hamdy stood outside the Santa Fe County Magistrate Court in a blonde wig and announced his intention to sue the agency.

Hamdy's lawyer described the charge as "a textbook violation of free speech," vowing Hamdy will be pushing forward with a civil lawsuit to protect rights "not only for himself, but for comedians and creators all over New Mexico."

Hamdy, 29, officially was charged with "unauthorized wearing of [a] uniform or badge," after he posted several comedy videos in early February on the social media platform TikTok that showed him wearing a state police uniform and rapping about stealing cars and selling fentanyl pills, among other things. He was arraigned during a phone hearing.

In one of the videos — now pinned to the top of Hamdy's TikTok social media page — he is wearing the state police uniform while he describes "five reasons to be a state police officer in Nuevo Mexico," including "showing off your shoulder badge at the Library Bar and Grill" and "you can turn your lapel camera on and off whenever you want." The video had been viewed on TikTok almost 700,000 times as of Monday.

State police alleged in a statement of probable cause Hamdy had donned an officer's uniform to make the videos after the officer had dropped off the garment at a dry cleaning business in Santa Fe.

A criminal complaint filed against Hamdy on Feb. 15 cites a state statute that prohibits "the wearing or requiring the wearing, without authorization by the New Mexico state police board, of a uniform or badge or both whose material, color or design, or any combination of them, is such that the wearer appears to be a member of the New Mexico state police."

The infraction is described in state law as a petty misdemeanor.

Hamdy's attorney, Israel Chávez of Las Cruces, stood with Hamdy outside the courthouse Monday. Chávez called the statute "overly broad and extremely vague," and pointed out an officer who questioned Hamdy at his home noted the comedian's actions violated the agency's "policies and values" and could be construed as a factor in the criminal charge.

"I explained to Aldin that the videos were upsetting as NMSP Officer's [sic] are prideful about our uniform, and none of the things said or portrayed in his videos align with NMSP's policies or values," state police Officer Amanda Richards wrote in a statement of probable cause.

Chávez called the officer's reasoning "the law school textbook definition" of viewpoint discrimination and a violation of free speech.

"What we're talking about is the punishment of a comedian for a joke the police didn't like," Chávez said.

State Police officials did not respond to a request for comment Monday.

Chávez said he and Hamdy would be sending a tort claim notice to the agency this week, and that a First Amendment lawsuit would follow. Hamdy would be seeking damages and "probably an apology," Chávez said, as the criminal case has "negatively impacted his life."

Hamdy said the reactions he's seen to the TikTok videos in question have been about 80% supportive of him.

"People are wondering why [state police] are taking the time to do something about this when there are major crimes going on," Hamdy said.

Hamdy said he and his creative partners, who post comedy videos to TikTok under the moniker Get the Stick, are going to "keep creating" on the platform.

"I don't want any other comedian to be afraid to speak up," Hamdy said. "I want everybody in New Mexico to be able to create without fear of repercussions, and without getting in trouble ... for a joke."

Hamdy's attorney said he and his client are prepared to fight in court, both against the criminal charge and for a civil claim.

"We're willing to take this as far as it will go, because we're so confident that the statute under which Mr. Hamdy is charged is not only unconstitutional but unenforceable," Chávez said.