for indecent exposure
Posted on 10/16/2007 8:26:58 AM PDT by 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.”
That’s exactly what I was thinking. I saw Scranton and read the gist of the story and said, this guy must be just like Dwight.
So. he swore in the privacy of her own home. He swears at her from outside her house. he should face similar charges.
If it was a toilet of “color” she could be charged with a “hate” crime.
Found this recently after losing it for awhile.
”Political tags -- such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth -- are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire. The former are idealists acting from highest motives for the greatest good of the greatest number. The latter are surly curmudgeons, suspicious and lacking in altruism. But they are more comfortable neighbors than the other sort." - Robert A. Heinlein
I made up new obscenities when I ran out while watching the Indians score 7 runs in the 11th inning of Game 2 of the ALCS Saturday night.
I call the cops on my neighbors too if they don’t keep the noise down.
The question is whether the neighbor will show up in court or not.
Is this the dumbest thing you have ever heard of?
Exactly. The sad part is on the average day, you might not run into more that a handful of the latter."
"We're going to take things away from you on behalf of the common good."
When we were kids (ca late 40s), when we saw a cop, we’d yell, from a distance, “What’s the color of a penny?” and the other kid would yell “Dirty Copper!” and then we’d run like Hell.
That worked until one neighborhood cop (we had them in those days) recognized us and told our parents. When I got home the Old Man spanked the crap out of me (CHILD ABUSE! :-) )
I’m not sure if I agree with his reasoning, but I agree with his conclusion that, people divide “politically into those who want people to be controlled and those who have no such desire.”
No Hablo Espanol en lengua vulgar? Como?
:-D
I said I don't think that fat, ugly old men, should parade through the park naked. You refer to that as an objection to his wearing somthing I don't like? I wonder why you felt you had to misconstrue what I said, so much.
Turning the whole country into a police state because you are offended seems to be extreme
Once again you attribute to me something I never advocated. Why don't you just stick to what I said?
I said it was "objectionable" and that "Your rights end, where mine begin". Could it be what I actually said, made so much sense, that you had to make up things, in order to justify a rant?
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".
Well, just let me repeat .. YOUR RIGHTS END .. WHERE MINE BEGIN.
Your rudeness should only embarrass you .. since it is obviously uncalled for. Beligerance and name-calling are not signs of intelligence.
Disagreeing with you does not make me an "absolute idiot". If you have something meaningful to say, I'll listen .. but you did not make your case. Perhaps you are unable to. Maybe a totally unwarranted and immature assault is all you are capable of.
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