Potty of gold
October 22nd 2008 23:58
Dawn Herb: all you need to make US$19,000 is a toilet, a bathroom window and a colourful lexicon
The American legal system has its detractors, but Dawn Herb is not one of them. Ms Herb, of Scranton, Pennsylvania, isn't about to complain about a system which pays her US$19,000 for swearing at her toilet.
Ms Herb was swearing at her overflowing toilet in October 2007 when a neighbour, an off-duty policeman, asked her to keep it down. Burdened as she was with the emergency of an overflowing toilet, and deeming profanity a necessary part of the process of alerting her daughter to the urgent need for a mop in the bathroom, Dawn kept swearing.
So her neighbour called the police, who charged Ms Herb with disorderly conduct.
When she appeared in court, facing up to 90 days in jail and a fine of up to $300, the judge instead found her not guilty, saying her language was constitutionally protected free speech.
So justice appears to have been done, both Ms Herb and her neighbour have probably learned something, and we assume the offending toilet has been fixed. If you think this would be a fair and reasonable place for the story to end, I would be inclined to agree with you.
Enter the American legal system in all its headline-making ability to surprise.
Enter, to be more precise, Mary Catherine Roper, an attorney with the American Civil Liberties Union. Acting on Dawn Herb's behalf, Ms Roper took issue with the citation.
"You can't prosecute somebody for swearing at a cop or a toilet," she said.
The legal system agreed, yesterday announcing the US$19,000 compensation payment to Dawn Herb and ordering the city of Scranton to pay her legal costs.
nzherald.co.nz, news.com, cnn.com. Image: Associated Press
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Comment by Anonymous
I'd just like to take this opportunity to say a few words to the off duty police officer that decided to call his / her colleagues, and also to the city bureaucrats that decided to press charges...
F*** the lot of you. You're all c****. S*** f*** whore bitch f******* f**** f****** f****
Comment by Chris Champion
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