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.”

[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.

Now if you want to debate this without insulting I can do that too. but I can also insult . and if you insult me then you can expect to be insulted back.

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.

[CometBaby]

You say that you are against someone saying profanity.

No, I never said that. Don't try to TELL ME what I think .. I can speak for myself. I said that I don't like people screaming it out a window in front of children, thereby forcing it on everyone within shouting distance. I curse on rare occasions myself .. but I really try hard to control myself because I honestly believe there are more intelligent ways I could express myself.

It doesn’t really bother me that someone utters profanity because I’m not uptight like you are

Wow that's a pretty self-serving statement. You are not uptight and I am? How very judgmental of you! I'm uptight because I don't like it when someone gets in my face or in a child's face, with their filthy mouth? You are not uptight because you don't care if someone does that to you or your children?

The government couldn’t stop people from saying profanity if those idiots wanted to. They can’t stop drugs, crime, illegals etc.

Nobody is advocating that we stop people from using profanity. I am saying that we should not be subjected to bullies who want to get in your face with it forcing it on you and your children. Maybe you like that but I don't.

Yes, Govt does what it can to stop drugs, crime and illegals. I don't know what kind of politics you follow, but it seems to me that the primary purpose of govt is to keep the citizens safe. That is why we have armies, police and firemen. I don't know .. maybe you are an anarchist. 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 .

Once again .. a very self-serving post. Seems like you spend a lot of time patting yourself on the back. Maybe you think you cannot shield children from the scum of the earth but I would certainly try. Just because some people want to have sex in the park in front of everyone, I would not want to expose my children to it because it is "real life". Maybe people are shooting up in the alley but I won't subject my children to it because it is "real life". That's my choice to make. You can like it or you can lump it. But you cannot force that stinking thinking on others.

what a low class scum bag does is insult people without being able to debate which is what you are doing. *snip* You are just liberal in my opinion *snip* And all you do is insult cause you can’t refute my points.

I'm not the one who has been making insulting posts .. just read what you have been saying. In your opinion I am a liberal? I'm just surprised you didn't go to the total extreme and label me a Communist. :-) Since you seem to be unable to make logical debate, I'm not surprised you have to settle for trying to label me .. making personal attacks. Whatever .. your opinion of me is a kiss .. and I would love to tell you where to plant it .. but I don't use those words :-)

Your posts are quite easy to refute. You just make a lot of self-serving accusations, based on things you *imagine* that I said, but didn't. Then you pat yourself on the back and proclaim how much wiser you are, because you don't insult?

I don't want to engage is such babble. I have been politically involved for years and I am a strong Republican supporter. If you think I am a leftist, you are either ignorant or naive .. heck, I'll give you the benefit of the doubt.