The story was reported nationally in various news-of-the-weird columns. "In October, a police officer in Scranton, Pennsylvania, charged Dawn Herb with disorderly conduct after he passed her home and heard her, through an open window, cussing her toilet, which at the time was overflowing and leaking into the kitchen. Herb, and the American Civil Liberties Union, were incredulous."
Big Brother is watching! One off-duty police officer in Scranton reported this dear lady for obscenities when his child came to him to tell him about yelling she had heard a couple of doors down the street. Seems Dawn was dealing with a clogged toilet, and as a red blooded American Citizen, was simultaneously exercising her First Amendment right to cuss the damn thing out as she plunged furiously to try to avoid the inevitable.
Ms. Herb is charged with disorderly conduct and faces up to ninety days in prison and a $300 fine. A few days ago, she had her day in court, entering a plea of not guilty. Here's how the Scranton Times-Tribune presents the facts.
"Patrolman [Gerald] Tallo has maintained that Ms. Herb was creating a public disturbance, according to a police report. He alleges she was yelling and cursing, using the ‘f-word' so loud in her residence that she could be heard throughout the neighborhood. Also, he claims that Patrolman Gilman asked Ms. Herb to ‘watch her mouth, that there were young children in the neighborhood.' This response, Patrolman Tallo said, was met by Ms. Herb saying ‘f--- you.'
"Ms. Herb's version differs from that of the police. She said her neighbor told her to ‘Shut the f--- up,' and her response was, ‘Mind your own business.'"
What a woman! Just once, *I* want to tell an off-duty police officer to "shut the fuck up and mind your own business!"
The trial began on Monday. Some highlights, as reported by the Times-Tribune:
"After going outside, the off-duty patrolman said he heard someone yell, ‘Are you (expletive) retarded? Get me the (expletive) mop.' Patrolman Gilman said he then yelled, ‘Watch your mouth,' because there were children in the neighborhood, to which the person replied ‘(Expletive) off.'"
"ACLU attorney Barry Dyller argued that foul language, although not in the best taste, is protected by the Constitution. ‘The case law is very clear,' told Judge Gallagher. ‘This is not behavior that you can be arrested for ... even if it is uncivil, annoying or irritating.'"
Judge Gallagher is expected to make a ruling in a few days.
