Shapiro's arrest came after a year of protesting the Sunnyvale Department of Public Safety for brutality he claims he suffered in January of 2004 by an officer.

At the Jan. 24 council meeting, Shapiro said he would be escalating his protest, and part of that escalation was a new sign, reading "F—k Police Brutality."

"Some people called us to complain; some stopped by the library to complain about the sign," said Byron Pipkin, Sunnyvale's deputy chief of public safety.

According to Pipkin, a member of the public—upset that the sign was in a place where children would be able to read it—approached Shapiro, and an aggravated confrontation began.

Shapiro said the issue of children being around was a concern, but it was overridden by the message he had.

"Of course it's a concern of mine, I'm very concerned for children, but police brutality is much more of an obscenity than just a little word," he said.

Shapiro said he was standing outside the library talking to some people when a man passing by threw Shapiro's sign aside. Shapiro said he told the man that he was recording the incident with a tape recorder in his shirt pocket, and that he would take the man on if he chose to get physical.

The man left the scene, and officers arrived shortly after. Shapiro was arrested for using language that could incite a violent confrontation. Pipkin said the arrest was based on the fact that the language on the sign had already incited an altercation.

"If we hadn't gotten any complaints and hadn't had the issue of the confrontation, this wouldn't have happened because although it was offensive, just being offensive doesn't make something illegal," Pipkin said.

Shapiro said that his arrest was "all about the speaking that I've been doing about the police department."

Shapiro was first arrested for lewd acts and possession of weapons after being caught in his 1987 Toyota Corolla with his pants undone in a parking lot at Sunnyvale Baylands Park. According to the arrest report, officers observed him with a pink towel over his lap, and the towel was moving as if being hit from below. When the towel was removed, Shapiro was exposed because his pants were down and he was not wearing any underwear.

At the time, Shapiro said he hadn't worn underwear "in 30 years."

For that arrest, Shapiro was scheduled to appear in court on Feb. 14 of 2005 to face a jury and three charges including lewd acts and possession of "OC" a strong repellent, similar to pepper spray. Shapiro said he carried the spray—and two wood sticks also found in his car—for protection.

Shapiro said he's confident that he'll be acquitted in the trial because he maintains that the officer who arrested him fabricated the content of the police report.

"I'm going to expose him like he's never been before," Shapiro said.

In addition to picketing and handing out fliers in front of the library and at city events like the 2004 State of the City Address, Shapiro has become a regular fixture at Sunnyvale City Council meetings.

He has frequently addressed the city council—often with signs in the back of the room—to request better police-recording procedures. He says he has carried recorders with him at all times and turns them on "whenever an officer gets within 100 feet." At times Shapiro has accused the council of ignoring him, and even referred to council members as "The Wall," in relation to how receptive he feels they are to his requests.

Shapiro was booked into county jail and released the next day, after an on-duty judge found no cause to hold him. Although Shapiro was released, the district attorney's office is still looking into pressing charges. Pipkin said public safety officers are assisting the district attorney by interviewing people who saw the confrontation and subsequent arrest.