Toilet abuser Dawn Herb gets $28,000 lawsuit payout
We read:
"A woman who was arrested on disorderly conduct charges for swearing at her overflowing toilet will be paid $28,000 in a lawsuit settlement. The city of Scranton, in Pennsylvania, is also paying Dawn Herb's legal fees.
Herb was arrested last year after a neighbour, an off-duty police officer, heard her cursing through an open window. A judge later found her not guilty, saying her language was constitutionally protected free speech.
The American Civil Liberties Union, a civil rights group, announced the settlement today.
Source
Trust the ACLU to defend obscenity. Nonetheless, I think the ACLU were on the right side in this one. What a nasty cop! The cop should be made to pay the $28,000.
17 comments:
This is an interesting one, but I think we do have to ask the question "where do we draw the line?" Many of the posts I read on here deal with asking just what is considered "offensive" and what is not?
Let's say for a moment that instead of cursing so loud that neighbors could hear, that this was someone blasting music so loud neighbors could hear it? What if that music had profanity in it and was full of "bitches and ho's" lyrics? I suspect there wouldn't be too many people that would disagree with the police being called and action being taken.
Realistically, what's the difference between someone shouting this profanity themselves, and someone else saying it in music? Is playing your music that loud "free speech" as well?
Who amongst us hasn't cursed at a malfunctioning inanimate object? Particularly if the object itself was spewing forth raw sewage. If the cussing was that bad knock on the door and ask her to hold it down, OR just walk on and get over having a gun and badge but no common sense.
Overflowing toilet????
What load of CRAP!
Today I was leaving the house, a group of 'kids' were walking by, two girls, two boys, probably around 17-18 years old. They saw me, stopped talking as they looked right at me. Then one of the boys said to one of the girls "next I want to f**k you in your room" - it was said in a voice full of gusto.
Where to I draw the line? When it's in public.
The woman in the bathroom may have been ticked enough she didn't realize she was heard outside. These kids seemed proud of their foul language and their sexual activities.
What's next? Smash your thumb with a hammer, swear, and get arrested? Bang your toe into a leg of your bead, swear, and get arrested.
That pig should be fired. That was clearly an abuse of power. Anybody that reacts like that should not be in law enforcement.
I have been a cop for 12 years. Next time you call at 300am because your neighbor is too loud, I will be sure NOT to respond. I would hate to infringe on their freedom of speech.
I've been looking for the story on this and can't find it. I would love to see what happened. I guess anything is possible, but I just can't see someone yelling "f*ck" one time & having the cops kick down the the door.
Last time my crapper messed up, it was a 30+ minute event with a plunger & a snake. If my neighbor had the window open, & was dropping F bombs for 30-45 minutes straight, I think that would get to me.
As for going & knocking on doors. Good luck with that. I stopped after being told to "f*ck off and mind your own business" too many times. I just call the cops now.
Found it. Looks like the cop did come by and ask her to quiet down, which she did not.
http://www.firstamendmentcenter.org/commentary.aspx?id=19210
"Then one of the boys said to one of the girls "next I want to f**k you in your room" - it was said in a voice full of gusto."
Well anon,
in your room That lad doesn't know a whole lot about the female anatomy!
Then again maybe he was of Asian descent and his "W"'s sound like "R"'s.
To the cop on the 3AM comment: there is a difference between being overly loud at 3AM regardless of what is being said (disturbing the peace) and a curse because something went wrong. Yes it shows a lack of class but the lady next store likely had a bug up her backside. Maybe you need to swap jobs so someone else can respond at 3AM
Anon
When kids say something to “gross” you out, counter gross themout. So when the guys says that, just reply, I heard in front of the 7/11 or whatever place you see kids hanging out at, that she did the local football team a couple of weeks ago. From grossing you out, both the guy and gal are on the defensive!
About 15 years ago, I was driving in downtown DFW. Some young black kids pulled up next to me in a “low rider”, playing some obnoxious music. It was horrible, but instead of complaining, I asked what station they were listening to. And then tuned my radio to that station and with my right hand, I directed the music with a big smile on my face. And I did give the kids a big “Thumbs up!”. So the “cool” music that they were listening to a moment before, turned into something that middle aged white guy liked. They didn’t look so cool driving away!
And sometimes mess with minds for the heck of it. When crossing a tool bridge, pay for the car behind you too. Then when the stranger pulls up next to you, smile and wave. Confuse the heck out of them with random acts of kindness. If they are nice people, they will accept the gift easily. And if not, they will go a bit crazy trying to figure out who did it!
Mobius
Looks like we got ourselves a thin skinned pig. Boo-hoo.
Don't come out - stick to your speed traps and other entrapments. Just don't bug me when I take the law into my own hands.
If I am shouting detailed descriptions of sex acts out my window so that my neighbors 5, 6, and 7 year old children can hear, is that also protected speach?
Do the same rules apply in Harlem at 3:00am as would apply in Mayberry?
Do "Community Standards" apply and how are they enforced... who decides?
My friends, I look forward to your comments...
"When crossing a tool bridge, pay for the car behind you too. Then when the stranger pulls up next to you, smile and wave. Confuse the heck out of them with random acts of kindness. If they are nice people, they will accept the gift easily. And if not, they will go a bit crazy trying to figure out who did it!"
Come on Mobius
We all know that's an old George Carlin routine from one of his stand-up performances back in the 1970's!
I work 3rd shift for a manufacturing plant, and sleep from about 9a to 3p every day. Is it ok for someone to scream and curse so loud that I can hear this at noon? Personally, I don't see a difference between 300am and 300pm.
The original article did say that the Officer asked the woman to please quiet down, as her foul language could be heard beyond her property. She apparently refused. That goes beyond simply being pissed-off at a faulty appliance. In fact, in many jurisdictions, it constitutes Disorderly Conduct, an arrestable offense.
The same rule applies to the kids on the street talking about sex. If their conversation was loud enough to attract the attention of a passerby, (which it obviously was), that could also constitute Disorderly Conduct.
"Looks like we got ourselves a thin skinned pig. Boo-hoo."
You are confusing the Officer with your wife.
"Realistically, what's the difference between someone shouting this profanity themselves, and someone else saying it in music? Is playing your music that loud "free speech" as well?"
The difference is someone might suddenly scream out "God damned mother-f*cking piece of sh*t! Son of a b*tch!" upon seeing their toilet overflow and dump raw sewage all over their bathroom floor, and it seeps over into nearby carpet, but then it's over with.
Blaring music so loud that neighbors hear it, whether they want to or not, with or without profanity, is an ongoing deliberate nuisance, and actionable.
If the officer had asked the woman to quiet down and she refused, I would have asked, "Well would you at least close the window first?" Close the window so neighbors no longer have to hear her imprecations, whether they want to or not, and it's problem solved.
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