Tuesday, December 18, 2007

Woman escapes jail for swearing at toilet


A US woman who was facing jail for swearing at her toilet has been acquitted.



Dawn Herb, 31, of Scranton, Pennsylvania, was charged after an off duty police officer overheard her swear at an overflowing toilet.

Officer Patrick Gilman told the hearing he heard someone yell: "Are you f***ing retarded? Get me the f***ing mop."

Patrolman Gilman said he then yelled, "Watch your mouth", to which the person replied: "F*** off."

He then called Patrolman Gerald Tallo, who was on duty at the time, who charged Ms Herb after she admitted cursing at her toilet.

But District Judge Terrence Gallagher has now ruled she did nothing wrong, reports the Scranton Times-Tribune.

He dismissed the disorderly conduct charge which could have led to up to 90 days in jail and a £150 fine.

The language she used "may be considered by some to be offensive, vulgar and imprudent" but she was entitled to use it under the First Amendment, the judge ruled.

Attorney Barry Dyller, who was asked to represent Ms Herb by the American Civil Liberties Union, said Judge Gallagher made the right decision.

"He's exactly right in his reasoning," Mr. Dyller said. "And it's important that the public understands this. There are cases like this each year."

No comments: