TUCSON. ARIS. (KGUN) — The civil dispute between Pima County Sheriff Chris Nanos and Deputy Sheriff’s Sergeant Aaron Cross reached federal court Monday morning.

Judge Raner Collins denied Cross’ request for a preliminary injunction that would have lifted the deputy’s suspension. He ruled that Cross was “definitely trying to look like an on-duty deputy” while protesting, which violates PCSD policy.

However, the judge also ordered the sheriff’s department to clarify within 24 hours its policy on what off-duty deputies can’t wear during political activities, saying the current guidelines are “ambiguous” and could discourage other employees to exercise their First Amendment right to protest. Collins also clarified that there is nothing wrong with holding up signs that read “DEPUTY WILL NOT TAKE.”

Our cameras weren’t allowed into the courtroom, but outside we met Cross’ attorney, Steven Serbalik, after Monday morning’s hearing.

“We want to stop the sheriff’s department from punishing Aaron Cross, or any other deputy, who tries to exercise his First Amendment right to protest while out of uniform and off duty,” Serbalik said of the preliminary injunction request .

“Out of uniform” is the point of contention. The plaintiff says he never wore identification badges, patches or logos while protesting with the “deputies don’t want Nanos” sign.

When told to avoid wearing the same colors as a deputy’s uniform, Cross wore a gray T-shirt and khaki pants, pictured below. He was placed on paid leave shortly after.

US District Court

“The idea that someone can’t protest when they’re wearing a gray T-shirt and pants that are a different color than what people wear for the department is troubling,” Serbalik said.

Attorney Nanos declined to speak with us. At the hearing, the defense argued that Cross’s boots, tactical pants and belt, gun holster and handcuffs made him “look like he was a deputy” and that doing so while in politics violated the law (Hatch Act ).

Cross is not allowed to speak publicly about the details of his suspension, but he said during Monday’s hearing that he wore a Halloween cowboy costume while protesting Sunday.

Nanos’ opponent, Heather Lappin, was also placed on administrative leave for learning about Cross’ actions. Lappin is not part of this process.

This comes with early voting already underway and election day just a week away.