Woman Being Prosecuted For Cussing Out Her Own Toilet

[DeSwiss]

Pa. woman accused of being a potty mouth

October 16, 2007

SCRANTON, Pa. - Talk about a potty mouth. A Scranton woman who allegedly shouted profanities at her overflowing toilet within earshot of a neighbor was cited for disorderly conduct, authorities said. Dawn Herb could face up to 90 days in jail and a fine of up to $300.

"It doesn't make any sense. I was in my house. It's not like I was outside or drunk," Herb told The Times-Tribune of Scranton. "The toilet was overflowing and leaking down into the kitchen and I was yelling (for my daughter) to get the mop."

Herb doesn't recall exactly what she said, but she admitted letting more than a few choice words fly near an open bathroom window Thursday night. Her next-door neighbor, a city police officer who was off-duty at the time, asked her to keep it down, police said. When she continued, the officer called police.

Mary Catherine Roper, an attorney with the American Civil Liberties Union in Philadelphia, took issue with the citation. "You can't prosecute somebody for swearing at a cop or a toilet," she said.

http://news.yahoo.com/s/ap/20071017/ap_on_fe_st/odd_toilet_obscenities

*** Is this the facist state run amok, or what? I believe that my mortgage clearly says that I'm allowed to curse when the bill appears each month. And if it isn't in there, it should be....

[Warren DeMontague]

1. It's that gul-dang ACLU again, protecting filth peddlers.

Or, in this case, filth plungers.

Damn that pesky first amendment!

[DeSwiss]

2. When we can no longer curse out the toilets....

...the terrarists win.

[bleever]

3. At least she gave a shit.

Instead of just being one, like her neighbor.

[DeSwiss]

5. More pressing in my mind....

...is, how does one get arrested for disorderly conduct in one's own home???? Wouldn't the owner have to be the one to press charges??? :shrug:

[Rex]

4. So instead of finding out what was going on, he told her to shut up

what an asshole, oh and he is a cop.

[DeSwiss]

6. I think you meant....

"...what an asshole, oh and he is a cop -- never mind."

:rofl:

[Rex]

7. At least he didn't taser her 50 zillion times

I guess the lawn chair and her window were too far away.

[DeSwiss]

8. I'm sure he's kicking himself now....

...for not thinking of that at the time.

Just think, he might have covered over the whole damned thing with one good Taser shot. He could just say she was acting wildly and violently cursing, and the officer was in fear of his life and that of the woman's daughter, from the toilet snake she held "menacingly in her hand."

Everyone would say what a shame is was. Poor woman must have had a bad heart. But the officer was only doing his duty. Protect & Serve. Blah, blah. And next week the story's wrapping fish.

- Meh. Such is the life in a fascist state...

[Rex]

9. Actually it would make a good storyline

Cop has neighbor that yells at her toilet every episode (no idea why, hey who cares?) and he calls the cops at the end of the show. Haha, funny.

He could taser her for ratings.

[DeSwiss]

10. He could taser her for ratings.

:rofl:

[JVS]

11. potty-mouth

[rucky]

12. ah, the old catch-all "disorderly conduct" charge. n/t

[DeSwiss]

13. So who decides....

...what's "orderly conduct" in my house? Me.

The cop needs to stuff it.

[TheMadMonk]

14. An overloud stereo is also disorderly conduct.

I don't really agree with the cop being an idiot, but I can see how it can be reasonably argued in some respects at least. If you intrude offensively beyond the boundary of your property, you can be had.

And a few choice words upon discovery of a disaster is one thing, keeping it up at volume after being asked (I shall assume reasonably politely) to pull your head in, is another.

Perhaps we should ask ages. How old was the daughter she instructed to "Get the 'effing mop!"? I might consider it a fair "spanking" if the daughter was preteen. A spanking that does not involve CPS but hopefully has the desired effect on a parent too free with their tongue.



It might be jackbooted fascism. But it might not be either. Given the coverage, the cop is very likely going to have to make his pitch in court over this. Can you at least wait to see what he has to say before putting on your own rib busting footwear?

Leave the kneejerk reactions, most especially the violent ones, to the idiots over at FR.

[WinkyDink]

18. "Disorderly conduct" by cursing loudly in one's own home? I admit I'd be offended,

if this language spilled over into my earshot, but ARREST??

I call that abuse of power.

[TheMadMonk]

20. See below. It seems she might have given him a personal serving. nt

[MercutioATC]

24. I didn't see anything about an arrest, just a citation...

...the same as she would have received had she made any other repeated loud noise that disturbed a neighbor.

[annabanana]

15. In Her OWN HOME? At her own OVERFLOWING TOILET??

What? We have to close our windows now so our swooning, vapours-prone neighbors don't faint away?

[rug]

16. If she was tapping her foot at the time it would be a felony.

[Bassic]

17. Fuck!

Is there no end to stupid law suits?

[TheMadMonk]

19. Another article has her swearing AT the cop when he asked her to...

...keep it down.

There is a limit to protected free speech and if you offensively project it into another's personal space you have crossed it. (Good luck getting BushCo with this argument tho.)

Within certain (hopefully) agreed limits one person may expound ideas offensive to another in a public forum because the latter may remove themselves from earshot without suffering any appreciable harm. (provided certain boundaries are recognised by the speaker.)

When a speaker refuses to recognise those boundaries, or "corners" their target in a place where they can not retreat without "harm", their behaviour becomes actionable.


I'm fairly "expansive" in my use of the language in certain circumstances, but even so I find casual use of profanity to be objectionable.

[WinkyDink]

21. Swearing at a policeman, even when he is on duty, is not illegal.

[TheMadMonk]

25. Swearing at an off duty cop or any other "civilian" is verbal assault.

Swearing in front of a person is a matter for good manners and polite requests to desist.

Swearing at another person in a abusive fashion is assault and may well be legally actionable. Hell if nothing else it's disturbing the peace.

I really think there's an argument for some of the golden oldies to resume a much higher prominence: Disturbing the peace; Drunk and disorderly; Being a public nuisance.


Bad behaviour is learned behaviour. It's about time we as a society started unlearning it.

[Whisp]

26. start at the top. bush has said f you so many times....

to multitudes.

bad behaviour. hahahahahha!
we need more.

[Didereaux]

22. That is where the 'Sensitive' crowd has reached it's logical conclusion...

Oh, yeah I expect this to be deleted by the a 'Sensitive', but I'll make my argument anyway. The logical end to a society where everyones 'sensitivities' over-rules' everyone elses was formorly referred to as a 'State of Bedlam'. What the women charged with disturbing the public peace should have done, was immediately charge the neighbor with infringing on her 'Right of Privacy', afteral wasn't she expressing herself in her own home? Doesn't she have the right that says it is insensitive for others to listen in on her private conversations? Let's go further, I think the expresser should have also added the charge that the neighbors choice of dress color was offensive and insensitive as it was the same color as used by(lets say the dress was white)the KKK!

It's time to roll back the clock on 'sensitivity', it is a club wielded by whim, and that has no place in a free society.

[WinkyDink]

23. But hey! Survey SAYS! "Swearing is good for work morale." LINK:

"Regular swearing at work can help boost team spirit among staff"
http://www.breitbart.com/article.php?id=071017125814.w6whem5y&show_article=1

I'm calling a cop!