Woman faces jail time for swearing at a toilet

Times Tribune ^ | October 16, 2007 | Kim Montone

[John Cena]

A West Scranton woman could face up to 90 days in jail and a fine of up to $300 for allegedly shouting profanities at an overflowing toilet while inside her Luzerne Street home.

Dawn Herb, whose potty mouth caught the attention of an off-duty police officer, was charged with disorderly conduct recently, prompting her to fire off a letter to the editor and vow to fight the charge.

“It doesn’t make any sense. I was in my house. It’s not like I was outside or drunk,” said Ms. Herb, who resides at 924 Luzerne St. along with her four young children. “A cop can charge you with disorderly conduct for disrespecting them?”

The obscenities hit the fan when she battled her overflowing toilet around 8 p.m. Thursday, she said.

Although Ms. Herb doesn’t recall exactly what she said, she admitted that she was frustrated and let more than a few choice words fly. Unfortunately, it was near an open bathroom window.

“The toilet was overflowing and leaking down into the kitchen and I was yelling (for my daughter) to get the mop,” she said. “A guy is yelling, ‘Shut the f--- up,’ and I yelled back, ‘Mind your own business.’ ”

Her next-door neighbor, Patrick Gilman, a city police officer who was off-duty at the time, apparently had enough of Ms. Herb’s foul mouth and asked her to keep it down, police said. When Ms. Herb didn’t stop, he called the police.

Patrolman Gerald Tallo responded and charged Ms. Herb with disorderly conduct.

The citation accuses the defendant of using obscene language or gestures “with intent to cause public inconvenience, annoyance or alarm or recklessly (creating) a risk ...”

“There was no intent to do anything,” Ms. Herb said. “I just feel so violated and irritated ... I don’t even have a criminal record.”

Efforts to reach Patrolmen Gilman and Tallo were unsuccessful.

Scranton Public Safety Director Ray Hayes said if anyone feels they were unjustly accused, they can address it before a judge.

“At the end of the day, the opinion that counts is of the magisterial judge,” he said. “It may be something open to interpretation. The officer has his own and this person had the opposite opinion.”

The use of obscene language or gestures is an offense under the state criminal code. But cursing at a police officer isn’t a punishable offense, said Mary Catherine Roper, an attorney with the American Civil Liberties Union based in Philadelphia.

“It cannot be the basis for a citation. You can’t prosecute somebody for swearing at a cop or a toilet,” she said. “We bring one of these cases a year and sue some police departments because they do not remember that they are not the language police.”

[Little Bill]

In Mass it is legal to give to give a cop the finger, Mass Suprimes say so. A smart cop, fewer since the 32% ruling, can find another way to make you miserable.

[rednesss]

"A smart cop, fewer since the 32% ruling, can find another way to make you miserable."

Yes, which is why it should always be legal to record your interaction with a LEO, just ask fellow freeper Brett Darrow.

[Redcloak]

I’m glad they didn’t hear me cussing out my #*&@^$ *#$*&^&@#$&* **%#$^&@#(*! $#&^#$*!#)( @#*^&$^@* bluetooth headset this morning.

[Democrat_media]

My comments were intended for adults or reasonable mimics of adults. You put words into my mouth and then scolded me for these imaginary words .. and it was a childish trick. You don't have the right to subject me to your rants and tirades based on phony text you made up. Clearly you think your philosophy or ideology gives you the RIGHT to force loud music, naked people and filthy mouths on families nearby (INCLUDING CHILDREN)and all in the name of "free speech".

Nobody forces anybody to listen to music or hear profanity. If you don't want to hear something then drive away, soundproof your house, wear ear plugs, cover your kids ears, don't leave your house (UPS delivers) , walk away, turn the channel, move to a cabin in the woods etc. You want to give government burocrats immense powers to crack down on free citizens so that you won't ever be offended. That is turning the U.S. into a police state because you have to give government burocrats many new powers to crack down on everything that could offend you and that could offend anyone else out there. and then these burocrats will use these powers to crack down on all of us when and how they want to .

You and others like you that want "government to do something" obviously want new laws written that will crack down on profanity, loud music from cars etc. You don't realize that you are just empowering government and that any new law allows government to crack down on previously innocent people more while it doesn't and probably won't keep you from ever being offended by others.

I'd rather be offended and be able to be free and make a living instead of living in a police state where i have to stand in bread lines all day as they did in the Soviet Union.

You shouldn't use government to force your beliefs on me. I have different beliefs than you . I don't think you'd like my beliefs becoming law to be imposed on you. If you don't want to be offended then it should be up to you to turn the channel, sound proof your house, stay in your house (UPS delivers), walk away, etc.And those burocrats will use those new powers to crack down on people when and how they want to not how you want them to.

If some incident happens that offends you then it will probably be rare . and if it isn't then lock yourself in your house and soundproof it. no one is forcing you to go out of your house. homeschool your kids or move to small town, move to a farm, move to the country, move to woods etc. those might seem like extreme measures for YOU To take but if it offends you so much then you should do it rather than turning the whole U.S. into a police state which is more extreme and imposes your beliefs on me and all of us.

The only way someone can force anyone is to use force like kidnapping someone . And using force against someone is and should be illegal.

You want to make this about a single thing , nudity . but it isn't. You gave a whole list of things that offend you and that you seem to want government to ban. That list includes people saying profanity and playing loud music in their cars. From what you said you support giving government burocrats powers to crack down on citizens for using profanity, playing loud music in their cars, and the other things you mentioned. I doubt that list of yours is complete and that you have some other things you'd like government to ban.

So you want to give evil,incompetent, government burocrats immense powers to crack down on citizens including you and your family because you get offended by some one else’s behavior. So just one of the cons is that the whole country gets turned into a police state so that you couldn’t possibly be offended.

The thing is these government burocrats will take those new powers and crack down on people when and how they want to not how you want them to or to keep you from being offended. Turning the whole country into a police state because you are offended seems to be extreme, the wrong thing to do, against freedom and will turn the U.S.A on the road to being the Soviet Union.

I repeated parts of my post because you didn't refute them.

[Little Bill]

I had a bogus run in with the locals in the city I grew up in, a small city in Mass.

I received a parking ticket for parking on the property I was renting, in a defined parking area. The cop was the Police Prosecutor, LEO with a Law Degree, who lived across the street.

Following the usual practice I payed off the cops to keep the citation off of my record, Deck Sergent, bag man.

I came off of the Middle Watch, Power plant, one day after a week in Vermont, and I was arrested on a Bench Warrant. I was hauled to the local police station, where a member of Johnson's 100K, with whom I served with in VN and booted out of my squad as to dumb to live, had me dictate the arrest report and correct his spelling, government education.

I was hauled before the Judge, a man with a serious booze problem, but fair, I used to drive him home when he couldn't walk, best recruiter the Marines ever had.

I went before the bench and had my say, I was never served, the LEO had both copies of the Summons. My story of involvement with the Police.

[colorado tanker]

After years of scientific research I’ve found the “magic words” that help open a clogged toilet. And now that I’ve found the secret, it’s illegal to use it???

[arizonarachel]

Hubby and I just started watching, we actually rented the 2nd season on DVD. What a hilarious show!

[CometBaby]

Nobody forces anybody to listen to music or hear profanity.

Yes you do, if you turn the volume up so that it can be heard for a block. I am forced to hear your profanity if you are sitting next to me on the subway. Obviously you cannot conduct yourself with dignity and feel you have the right to subject others to your disgusting and rude behavior.

You want to give government burocrats immense powers to crack down on free citizens so that you won't ever be offended.

I never said or suggested any such thing. Stop making stuff up. You are *supposed* to be big on freedom huh? Then stop trying to tell me what I think and making up lies about what I have advocated. And btw .. its bureaucrats not burocrats.

You and others like you that want "government to do something" obviously want new laws written

There you go again .. do you just make up this stuff as you go? Another ridiculous claim on your part. I don't know what your problem is .. but I bet it's hard to pronounce.

I repeated parts of my post because you didn't refute them.

Yes you repeated yourself, over-and-over, until it is quite clear that you are quite hysterical and unable to think rationally .. hence you must repeat yourself. You're not debating with me .. you are trying to club me with your bias.

I am not going to respond to or attempt to refute comments and positions that you totally made up out of your irrational head. Are you really this ignorant? You honestly expect me to respond to something you made up in your irrational mind? I consider such moronic demands to be dishonest. It's really hard to take someone seriously when they lie and rant as if they were having a mental breakdown.

Your problem is that you can't tolerate a difference of opinion. You rights end, where my rights begin.

[Darksheare]

Scranton PA, a bigger version of Port Jervis NY...

[chiefqc]

The results of a little authority in n the hands of morons.

[TChad]

Local law enforcement mottos:

Old motto: To Protect and Serve
New, improved motto: Let No Trivial Offense Go Unfined

[Freedom2specul8]

I like Trace Adkins song entitled
Fightin Words
http://www.cowboylyrics.com/lyrics/adkins-trace/fightin-words-17316.html

http://www.youtube.com/watch?v=4nLRazmHArs
http://www.youtube.com/watch?v=fUpwvT5Vp24
I like the line (not an exact quote)
1st amendment? The first amendment protects you from the government, not from me. :)

---

Alright

Everyone knows I’m the hard workin’ peace lovin’ type
I walk a thousand miles out of my way
Just to keep from a fight
Poke fun at the way that I talk
Or this hat that I wear
You can say what you want about me
See if I care

But one slip of the tongue ‘bout my God Or my mama
Or this flag that I wear on my shirt
You’ll see a side of me man
That I don’t think you wanna
Cause them there’s fightin’ words

Now don’t get me wrong
I’ve swapped skin now and then in my youth
I was all for an eye for an eye and a tooth for a tooth
Now the older I get
The less I wanna stand toe to toe
But before you go runnin’ your mouth
I think you oughta know

That one slip of the tongue ‘bout my God
Or my mama
Or this flag that I wear on my shirt
You’ll see a side of me man
That I don’t think you wanna
Cause them there’s fightin’ words

Chevrolet or Ford
The south or the north
That ain’t gonna get me worked up
But I’ll draw the line
Everytime when it comes to the things that I love

So one slip of the tongue ‘bout my dog
Or my woman
Or this country that I proudly serve
You’ll see a side of me man
That you damn sure don’t wanna
Cause them there’s fightin’ words
Yeah, them’s fightin’ words
Ahh them’s fightin’ words, Hoss

[spoken]
Excuse me
First amendment?
Son, the first amendment protects you from the government
Not from me
You can say whatever you want to out there
You come within reach of me
I’ll exercise my right to give you a good ol’ country ass whoopin’
Is what I’ll do for you
By God

[Freedom2specul8]

We allowed a teen to live with us for a couple of months, until she got her own place. She said something, and I said something back..whatever it was...twas no big deal. Her response was “I have freedom of speech”....I said yeah, until you enter my front door. LOL People just don’t understand...the home is the castle. We have enough of our own issues...we don’t need to hear neighbors argue, scream or yell etc., but a police state is NOT the answer. Period. I think it would be preferable to just talk to the neighbors later....when they are calmed down or whatever...A kind word and a smile can go a long way. I know that for a fact.

[CometBaby]

Well said .. wish I had said it :-)

[CometBaby]

You can say whatever you want to out there You come within reach of me I’ll exercise my right to give you a good ol’ country ass whoopin’ Is what I’ll do for you

hahaha A bit more direct than I phrased it .. but I like it! :-)

[G Larry]

Hey officer!
How ‘bout I make your trip worthwhile?

[ohioman]

Damn. Guess I’ll have to turn myself in.

[ohioman]

You are quite the towering intellect for a Fascist.

[CometBaby]

You are quite the towering intellect for a Fascist.

hahahahaha you resorted the F word .. you lose.

[Democrat_media]

You say that you are against someone saying profanity. Well so am I . but I don’t advocate giving government burocrats( arrest me for misspelling a word) power to arrest people because they utter profanity.

It doesn’t really bother me that someone utters profanity because I’m not uptight like you are and worry about important and serious problems in my life an in the country like the rapid growth of government.

Ideally I wouldn’t like to hear it either but it doesn’t really bother me .But i know that is part of life and that I shouldn’t give the government idiots powers to arrest people for saying those kinds of words. You seem to want to give the government such powers to crack down on people because they utter profanity. Deny it then if you don’t. you haven’t denied it because you do want those anti-profanity , anti-loud music in cars laws etc. That is what all you have written says that you are for giving the government idiots powers to crack down on people because they say four letter words or play loud music in their cars. that would turn the U.S.A into a police state or put it on the road to being a police state. all because you can’t do something like walk away , drive away, buy ear plugs, move to a farm, move to a cabin in the woods. Why do you want the government to do something when it should be up to you to do something that bothers YOU? you are using children just like liberals/Democrats/socialists always use children to push for more government healthcare for “children” or more “education” for children when all they want is to empower themselves, empower the government, grow the government and move the U.S.A toward socialism /Communism.

The government couldn’t stop people from saying profanity if those idiots wanted to. They can’t stop drugs, crime, illegals etc. So you want to stop profanity but all you will be doing is giving those government idiots vast new powers to crack down on people how and when THEY want to not how you want them to. And people will still be uttering profanity around your children. that’s life deal with it. I wouldn’t want to shield children from real life . I would just pull the kid away from the profanity and tell the Kid that that is what a low class scumbag says and that is say profanity. And that if he wants no job and to be ostracized and thought of as a low class scum then he can go ahead and say those words. and that is what a low class scum bag does is insult people without being able to debate which is what you are doing. but i know people like you can dish it out but can’t take it. while words don’t bother me.

You are just liberal in my opinion. and you do want to empower government.it’s obvious from everything you’ve said.

And all you do is insult cause you can’t refute my points.