At 8/24/08 11:02 AM, Proteas wrote:
At 8/23/08 10:14 PM, Cuppa-LettuceNog wrote:
Actually, no, it isn't. She was told to watch her mouth, she APOLOGIZED, and tried to walk away.
It was an insincere apology at best, and you know that.
For an act that is not illegal, it is more then sufficient.
Furthermore, when she was led outside, she stated "I can't fucking believe this, he's arresting me for saying fuck". This also is not illegal, because it is not disturbing the peace; a woman being led out of a walmart is far more likely to draw attention then a woman swearing.
"Ultimately, Fridge was released and ticketed for disorderly conduct, a Class C misdemeanor. She can pay a fine or appear in court to contest the citation."
Below is the definition of disorderly conduct according to the Texas Penal code, and I imagine that an overwhelming majority of disorderly conduct laws are quite similar, and so for the sake of laziness on my part since this is getting rather sad, I'm going to use it. Source.
§ 42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
There was no immediate breach of the peace after one excludes the actions of the asst. fire marshal in furthering the incident.
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
Nothing occured during her detainment by the asst. fire marshal that could be described as an offensive gesture or display unless you wish to make the arguement that sign language is offensive in some form or fashion to the general public.
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
Not applicable.
(4) abuses or threatens a person in a public place in an obviously offensive manner;
This one applies to the asst. fire marshal when he displayed his cuffs. Cool.
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
This one would apply readily had it not been for the fact that she was detained for no reason by the asst. fire marshal, thus causing the incident to occur. Had it not been for that detainment, she would be in violation. The big problem is that she was detained for nothing which places the asst. fire marshal in the wrong from the begining. You can't charge someone for a crime they have yet to commit, and they would not have commited had they not been placed in such a situation.
(6) fights with another in a public place;
No violence occured, thus it does not apply.
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
No shootings, so it's all good.
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
No guns mentioned.
(9) discharges a firearm on or across a public road;
Again....
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
It would certainly make the story more interesting, but nothing of that nature occured.
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
None of these apply...
Anyway, your arguement has shifted from disturbing the peace to disorderly conduct and it doesn't apply either and could be argued as entrapment by a skillful lawyer.
The only difference is that George Bush swore because he saw some guy he disliked, whereas the woman swore because there was a storm coming and there weren't any batteries. Both fail to change the legality of swearing.
Except in Bush's case, his swearing being heard was the direct fault of an audio engineer who obviously missed class the day they explained what the "Off" button did, so the situation was out of his control. The woman in question swore loud enough to be heard an aisle away under her power and volition, that was something she was able to control and chose not to.
Is that how the scenario occured? I'm interested in an article on the matter now as I've only seen the video of the instance and they didn't seem all that bothered.
Even if that is the case however, even assuming that the microphone was an error, his instance is no different. He spoke in a potentially offensive manner, an even if the microphone was not there, with all those people there at least one other person, probably more then one unlike the issue with Fridge, and so he is just as guilty in your eyes still.
Anyway, my curiosity aside, I wish to ask something about your return to aisles. Does the asst. fire marshal indicate where in the aisle both he and Fridge were located? They could have been less then three feet apart if they were at the ends of the aisle, or between 5-10 ft elsewhere. Even if we assume, for the benefit of the doubt, that they were at 10 ft away, are you saying that it is without reason to hear a normal conversation at that distance? How many conversations have you overheard while working that are 10 or so feet away?
You admit the swearing was not illegal, which means the officer was asking her to watch her mouth as a civilian.
Swearing itself is not illegal, doing it loudly enough to disrupt the flow of everyday life is. If I walk around Wal-Mart yelling "Free Dick!" or doing my friend's impression of a kid getting beaten, it's not swearing, but it is disruptive and I would get arrested for it.
There is nothing to indicate she was yelling though, or acting in a disruptive manner until after her detainment. The only person who seems to have been bothered by this egregious act was the asst. fire marshal who decided it best to escalate the situation after an undoubtedly insincere apology.
You keep saying she acted like a 2 year old, but besides swearing, no, she didn't.
She did act like a two year old, remember? Drawing attention to herself by swearing aloud after the intial incident, making asl in the air to spell out her name for the guy when it was clear she wasn't deaf to begin with? Those are not the reasonable actions of someone who claims to be an adult.
After her detainment, she did swear aloud to the crowd outside of Wal-Mart, and as has been quoted, "Can you fucking believe this, he's arresting me for saying fuck!" In all honesty, I could see that being a fairly reasonable response since she broke no laws. As for the spelling of her name, who did it harm, whose life was negatively affected?
As for who should be an adult, how do you justify his detainment of her before her outburst to the people outside? No crime had been commited as I've pointed out, and so the asst. fire marshal had no grounds to do so. Actually, before I take too much credit, Elfer has pointed out this question and to my knowledge it remains unanswered, assuming I didn't accidentally look over a post, in which case, my apologies.