Posted on 08/04/2010 4:51:50 PM PDT by mdittmar
TAVARES, Fla. -- A Lake County mother was arrested at a children’s splash park after her white t-shirt got wet. Now, she's suing the city of Tavares over her arrest. She told WFTV police took an embarrassing situation and turned it into discrimination.
A hot day in April at the Tavares splash park turned into Janet Lovett's own personal nightmare. She took her 7-year-old son to cool off, but before the day was done she found herself behind bars, facing an arrest record for obstruction of justice and resisting arrest without violence.
“I started shaking. I feel nervous. My son was inside park with husband. I was alone,” she said.
A park employee asked Lovett to leave, because the white t-shirt she was wearing had become wet and her padded bra was showing. She says she left, but outside the park gate a police officer approached her and asked her for ID and her name.
“Very scared,” she said. “I've never been arrested before."
The police report indicates Lovett didn't give her name fast enough. The mom says she was scared and wanted to know why she was getting arrested.
Lovett’s attorney, Howard Marks, is demanding those same answers from the city. He says the police had no legal right to ask Lovett for ID, because no crime had been committed.
‘If they were wearing a bra, it's not illegal in the state of Florida. It's not indecent exposure. It's not a crime,” Marks said.
Marks intends to sue the city for violation of civil rights, false arrest and malicious prosecution. He thinks there was more to her arrest that day than the outfit that was deemed inappropriate.
“Either the police were so lacking in training and so incompetent to the law or trying to ID someone who was a potential illegal alien,” Marks said.
Lovett is a U.S. citizen.
The city of Tavares said it does not comment on pending litigation. The police chief told WFTV his officers operated within policy that day
A distinction with no legal difference. Tell, smart ass, if it's "public property", like a street or sidewalk, then I'm sure you're allowed to visit whenever you wish, is that the case?
You have absolutely no understanding of the relevant case law.
The US Capitol Building is "public property" also. But, let me know what happens if you're asked to leave because you're wearing inappropriate attire.
Stupid is no way to go through life, son.
I'm sorry, sport. But, how does that differ - in any way to what I said? Again, what I said - and what you partially quoted me as saying...
" Remember, that's her attorney's characterization of the incident. But, Hiibel clearly held that the police can effect arrest of an individual if they refuse to identify themselves. I don't necessarily like the law, but that's the law.The lawyer is also plainly wrong about the latitude the police have just to ask someone for ID - the Court has given LE wide birth in this regard. Again - I don't write the laws or always agree with them, but I understand them. "
Exactly what part of that is in contradiction to Hiibel?
You don't have a choice about that though. You'll just have to play the hand you were dealt. lol
I can certainly visit any public street or sidewalk I want to and have for 55 years. It's unbelievable that you actually think you made a point with that.
That's right, dumbmass. Good God, you're stupid. This WASN'T a public street or public sidewalk. It may be public property, but that doesn't mean it's accessible to the public.
Tell me, is the Oval Office public property? Gee, I think it is. Why don't you try to take a stroll on the White House grounds, OR just meander into the White House, if you like.
Again, stupid doesn't have to be forever, but you are really giving it your best shot.
You are comparing a city water park with the grounds of the WH.
That's right. Why? Because they are both limited access properties and share some of the same legal conditions in the eyes of the law.
Here's the website. You'll notice that there's an ADMITTANCE CHARGE of $2. Tell me genius, have you ever been charged $2 to walk on a public sidewalk? There are literally dozens and dozens of municipal recreation centers, stadiums and other sports complexes around the country. Each one of those facilities have set admittance policies that may include admission charges and their own behavior and dress code policies. And, if you violate those policies, you will be asked to leave and YOU MUST leave or face arrest.
Since you're a moron and probably painfully uneducated on the subject-matter, you have no appreciation about the BRIGHT LEGAL DISTINCTION between a public property and non-public-forum public property. You should look it up. Again, stupid doesn't have to be a permanent state, but it also really doesn't require the intense effort that you seem to be making.
This thread is finished. You should trot that stuff between your ears over to a science thread. They will devote at least 50 posts to the discovery of a substance denser than osmium.
That used to be my outlook, but unfortunately the police have used up all of their “benefit of the doubt” chips with me.
me too
Good God, you're retarded.
I am also well aware of who owns the property and how much they charge.
Really, I'm pretty sure the charge was resisting arrest without violence and obstruction of justice. The police have the right to ask a suspect for ID, and they have a right to arrest someone if they fail to identify themselves. If they identify themselves after they've been arrested, that's their mistake.
Again, I don't expect you to discern these finer but important legal distinctions, because you're intellectually handicapped.
Now, I'll let you get back to your Jello and puzzle-board.
The reporter sounded like she was quoting the PD when she said they put in their report that “she was arrested for not showing her ID fast enough.” I wouldn’t expect a half-wit like you to notice what was reported while working so hard on fabricating assumptions as in post #58.
Well, if we have two intellectual giants like you and a local reporter agreeing, it must be true. /s
Let me guess, you had some extra time between your pudding break and finger-painting to come up with that little gem?
The bus you rode in on is so short that it is blue shifted when standing still.
They say high-functioning autism might include Einstein and Jefferson - interesting speculation.
Lol!
It’s a very reasonable speculative scenario, but the fact remains that we don’t know. Her word against the police, and frankly, I don’t necessarily give the police the benefit of the doubt any more.
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