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Smack! Pow! Batman Wins Mask Back

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Walsh Ian Nichols was sitting on an Ybor City curb eating sushi on Oct. 21 when an officer arrested him for wearing a mask on a public street.

By TOM BRENNAN | The Tampa Tribune

Published: February 16, 2009

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Walsh Nichols

TAMPA - Holy jurisprudence. Ybor City's Batman is getting his mask back.

Hillsborough County Judge John Conrad today dismissed two misdemeanor charges Tampa police lodged against Walsh Ian Nichols when he refused orders to take off his Batman mask.

The judge also ordered police to return the custom-made cowl they seized as evidence.

"I feel a lot better," Nichols said afterwards. "I am still worried about wearing it down there without being blackballed."

His attorney took the victory tongue-in-cheek.

"The streets of Tampa are safe again," said Kevin Hayslett. "Ybor is a better place to have Batman in it."

Officers arrested Nichols in October as he was eating sushi on a curb outside an Ybor City club. Earlier a Tampa police sergeant saw a Batman figure drive by on a motorcycle near East 7th Avenue and North 15th Street. The sergeant ordered another officer to track the figure down. Nichols said the sergeant had told him to unmask himself weeks earlier.

Tampa authorities charged Nichols with wearing a mask in public. The law was written in 1951 and was designed to combat the Ku Klux Klan and is part of the section of Florida Statutes dealing with criminal anarchy and treason.

Nichols also was charged with driving a motorcycle without the proper license.

Hayslett filed a motion to dismiss the charges. Conrad granted the request today after prosecutors said they wouldn't oppose it.

Nichols is known for wearing traditional Batman apparel, complete with cape and cowl. He is sometimes paid by clubs to help draw customers.

"It is fun," he said today of his fashion choice.

He said he the Caped Crusader will be prowling the Ybor City streets this weekend.

"I am looking forward to celebrating my legal victory," he said. "With my mask on."

Reporter Tom Brennan can be reached at (813) 259-7698 or tbrennan@tampatrib.com.

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