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Woman faces jail time for cursing at toilet, officer

NFS4

NFS4

No Lifer
Expect some foul language in court today.

Accused of cursing at her overflowing toilet and then at a possibly overzealous off-duty cop in October, 31-year-old Dawn Herb, 924 Luzerne St., will be fighting her disorderly conduct citation at a trial in front of Magisterial District Judge Terrence V. Gallagher.

The single mother of four is accused of yelling profanities at her overflowing toilet near an open window, then shouting profanities at an off-duty Scranton police officer who asked her to stop.

Patrolman Patrick Gilman, who?s also a neighbor of Ms. Herb, called the Police Department to file a complaint.

Shortly thereafter, Patrolman Gerald Tallo issued Ms. Herb the disorderly conduct citation, a summary offense.

If convicted, Ms. Herb could receive up to 90 days in jail and a $300 fine.

The American Civil Liberties Union of Pennsylvania took an interest in the case ? as did national and international media outlets ? after the story was first reported in The Times-Tribune. Barry Dyller, a cooperating ACLU attorney from Wilkes-Barre, will be representing Ms. Herb.

?Even if you assume every fact ... is true, it?s still not a crime to curse,? Mr. Dyller said. ?All we need to do is say, ?So what???

Patrolman Tallo has maintained that Ms. Herb was creating a public disturbance, according to a police report.

He also claims that when Patrolman Gilman asked Ms. Herb to ?watch her mouth,? she responded with more profanity.

Whatever was said, Mr. Dyller believes Ms. Herb will be found not guilty. Saying he?s ?absolutely shocked? that the case has gone this far, Mr. Dyller has numerous examples of case law that he says show unequivocally that cursing is not a crime.

?We have free speech in this country,? Mr. Dyller said. ?The law is very clear. You can ... curse at an officer.?
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http://www.thetimes-tribune.co...1&dept_id=415898&rfi=6
 
Unless she was causing many disturbances in her past while living there, I don't see why this situation needs to be taken with such serious measure. People get frustrated and pissed off sometimes and yes, they have tendencies to vent their frustrations towards the inanimate objects which are the source of their frustration. Whoop-dee-fucking-doo.
 
Originally posted by: Xavier434
Unless she was causing many disturbances in her past while living there, I don't see why this situation needs to be taken with such serious measure. People get frustrated and pissed off sometimes and yes, they have tendencies to vent their frustrations towards the inanimate objects which are the source of their frustration. Whoop-dee-fucking-doo.
Click to expand...

Translation: Cop on a power trip soon to be made to look like a fool 😉
 
Originally posted by: NFS4
Originally posted by: Xavier434
Unless she was causing many disturbances in her past while living there, I don't see why this situation needs to be taken with such serious measure. People get frustrated and pissed off sometimes and yes, they have tendencies to vent their frustrations towards the inanimate objects which are the source of their frustration. Whoop-dee-fucking-doo.
Click to expand...

Translation: Cop on a power trip soon to be made to look like a fool 😉
Click to expand...

Ya, I hope the courts recognize this case as a cop who was just angry because he was cursed at and wanted to execute the kind of power we all wish we had when we get cursed out by a neighbor. While we all would like to do what he is trying to do when we get pissed off at a neighbor, there is a reason why most of us can't.
 
Originally posted by: Minjin
Playing music too loudly is disturbing the peace. Why couldn't loud cursing be, as well?
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No one gets threatened with 90 days of jail time for a one time offense of playing loud music for less than 60 seconds which is probably about how long she decided to curse and that is pushing it. That is the point of this story. There is also her point about freedom of speech, which I agree with in this case but I would also say that it could be abused if say her neighbors were hearing her curse on a very regular basis. That is not the case here though from what we know.
 
No one seems to want to talk about the REAL criminal here, the #%!?*&@$ toilet! :|
 
Originally posted by: Xavier434
Originally posted by: Minjin
Playing music too loudly is disturbing the peace. Why couldn't loud cursing be, as well?
Click to expand...

No one gets threatened with 90 days of jail time for a one time offense of playing loud music for less than 60 seconds which is probably about how long she decided to curse and that is pushing it. That is the point of this story. There is also her point about freedom of speech, which I agree with in this case but I would also say that it could be abused if say her neighbors were hearing her curse on a very regular basis. That is not the case here though from what we know.
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And how do we know that isn't the case? Perhaps she is known for being a loudmouth who is constantly spouting off and causing problems. Imagine if you had kids and you lived next door to someone who is always loudly swearing?

We all know that newspaper articles like this are written to be shocking and create fervor, not report the exact facts...
 
If anyone is familar with the Howard Stern show, I could just picture Crazy Alice as the woman screaming at her toilet.
 
Originally posted by: Minjin
Originally posted by: Xavier434
Originally posted by: Minjin
Playing music too loudly is disturbing the peace. Why couldn't loud cursing be, as well?
Click to expand...

No one gets threatened with 90 days of jail time for a one time offense of playing loud music for less than 60 seconds which is probably about how long she decided to curse and that is pushing it. That is the point of this story. There is also her point about freedom of speech, which I agree with in this case but I would also say that it could be abused if say her neighbors were hearing her curse on a very regular basis. That is not the case here though from what we know.
Click to expand...

And how do we know that isn't the case? Perhaps she is known for being a loudmouth who is constantly spouting off and causing problems. Imagine if you had kids and you lived next door to someone who is always loudly swearing?

We all know that newspaper articles like this are written to be shocking and create fervor, not report the exact facts...
Click to expand...

We don't. I made that clear already in my opinions on this matter.
 
Originally posted by: jagec
Originally posted by: NFS4
Expect some foul language in court today.

Accused of cursing at her overflowing toilet...

....

If convicted, Ms. Herb could receive up to 90 days in jail and a $300 fine.
Click to expand...
http://www.thetimes-tribune.co...1&dept_id=415898&rfi=6
Click to expand...

WTF, stupid liberal activist judges. It's like they don't even give a crap anymore. She should get the chair:|
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I think that the toilet should sue. He has put up with her shit for years, and now she gets abusive. It just ain't right.
 
Originally posted by: NFS4
Originally posted by: jagec
Originally posted by: NFS4
Expect some foul language in court today.

Accused of cursing at her overflowing toilet...

....

If convicted, Ms. Herb could receive up to 90 days in jail and a $300 fine.
Click to expand...
http://www.thetimes-tribune.co...1&dept_id=415898&rfi=6
Click to expand...

WTF, stupid liberal activist judges. It's like they don't even give a crap anymore. She should get the chair:|
Click to expand...

I think that the toilet should sue. He has put up with her shit for years, and now she gets abusive. It just ain't right.
Click to expand...

Are you shitting me!??!
 
I hope that officer never visits a public school bus. The experience just might shatter his virgin eardrums.


I guess cursing at the officer probably wasn't the best idea though.
 
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