Ruling against 'cussing canoeist' overturned

Detroit Free Press (www.freep.com, GASP!!!) ^

[RCW2001]

The Michigan Court of Appeals overturned a ruling against Timothy Boomer, a Roseville man charged with swearing in the presence of women and children - under an 1897 state law that made it a misdemeanor.

Boomer was canoeing at the Rifle River in Arenac County on Aug. 15, 1998, when his boat tipped over and he began swearing. Michael Smith, who was also canoeing that day, said his wife and children - who were under 5 years old - could hear Boomer's profanity.

[randog]

I remember this incident. Four years to beat a misdemeanor charge?

...under an 1897 state law that made it a misdemeanor....The law was first written in 1897.

Interesting that the reporter found it necessary to remind us twice in a short article that the law was written in 1897. What is he saying here--that laws written before a certain date (like the US Constitution) are absurd and meaningless?

[texlok]

Good thing nobody from Michigan was watching the CBS special, the film from 9/11, where the firefighters kept swearing left and right, they'd have to hand out tickets all over ;-)

[Linda Liberty]

What is he saying here--that laws written before a certain date (like the US Constitution) are absurd and meaningless?

The constitution, being an overall framework, is different, but we'd be in a lot better shape today if all other acts of the legislature expired after a sunset period of 10 or 20 years. If they're important, pass them again.

[weikel]

If they had a law like this here and it was enforced I'd be looking at about 500 consecutive life sentences LOL.

[axxmann]

I agree entirely...I think Congress should devote one day a week to repealing old, useless laws.

I think if the Reform party would have called itself the Repeal party, they would have done better. At least they would have had my support.

One more thing, I think Congressional retirement should be abolished. We need "Citizen Legislators", not "Career Politicians".

[lowbridge]

[Minnesoootan]

"when his boat tipped over"

journalist missed the oportunity to use the canoeing word "overturned",making a much more creative headline...

[texlok]

If they had a law like this here and it was enforced I'd be looking at about 500 consecutive life sentences LOL.

Not to mention that our military would be in trouble from such a law.

[weikel]

Like this guy.

[Steve0113]

Public decency laws have their place, but the deputy should have used commen sense. Michigan rivers are probably on the far side of cold, and some reaction to falling in should be overlooked.

[TrappedInLiberalHell]

"Al Gore on the River Styx prior to the 2000 Presidential election. Unbeknownst to Mr. Gore, President Clinton had attempted to wash the infamous 'blue dress' (his legacy) in the waters of the River Styx. In so doing, Clinton's legacy became Gore's Achilles heel, which would come to haunt him in the election." < /mythological reference>

[FourPeas]

Agreed, but the man was reported to use the "f" word 17-21 times in the space of a few minutes. Having fallen in more than my share of cold Michigan waters, that's excessive.

[Chemist_Geek]

Michigan rivers are probably on the far side of cold, and some reaction to falling in should be overlooked.

They can get a little nippy, but this guy fell in, in August. The rivers are usually pretty warm by then...

I agree with the post which suggested automagic sunset clauses in all laws. OTOH, that gives the legislature an excuse to stay in session, and as we all know, no one's life or property are safe when the Legislature is in session...

[Uriah]

BFD

[Ward Smythe]

Good thing nobody from Michigan was watching the CBS special, the film from 9/11, where the firefighters kept swearing left and right, they'd have to hand out tickets all over ;-)

I've been waiting for the public outcry against that...

[texlok]

I've been waiting for the public outcry against that...

I doubt there will be any. Most adults recognize there are times when people are under stress and are going to swear. CBS splashed warnings all over as well. If somebody can handle hearing the sound of bodies hitting from people jumping, they can handle the f-word.