Middle finger salute leads to federal lawsuit

[RamboLiberal]

http://www.post-gazette.com/pg/06073/669903.stm

A New Castle man filed a federal lawsuit yesterday claiming his free-speech rights were violated last year when he was cited for using an obscene gesture at a construction worker.

Thomas Burns had been frustrated by a traffic delay during road work on April 27, 2005, on Broadhead Road in Center Township, Beaver County. As he passed by construction workers operating the "Stop-Go," sign, he flipped them his middle finger.

That was enough to raise the ire of the workers, who radioed the incident to Center Township Police Officer Samuel J. Johns, who was parked down the road, the lawsuit said.

The officer pulled Mr. Burns over and issued him a citation for obscene disorderly conduct, which he said would arrive by mail.

[400Years]

1. I never heard it was against the law to do that

[TX-RAT]

7. Is in some states.

[mom cat]

27. In those states, shoot them the pinky.

It is for those who do not deserve the very best.

[Nitrogenica]

2. Wow....we should sue this guy!

http://www.canofun.com/cof/forums/thread-view.asp?tid=17708&mid=103596#M103596

[liberal N proud]

5. That was my first thought

When I saw this thread, I thought maybe someone went after him. But if this guy is getting sued, then so too should the idiot in the Senate chambers.

[Nitrogenica]

9. Aren't there rules of conuct on the Senate floor?

If one was to break the rules, what would the punishment be?

[MADem]

6. And isn't there a shot of Monkeyboy flipping off a crowd of protesters

...from his limo? And while walking either in or out of the Congress? And, of course, we know he LOVES to do it, because we have THIS:



Say, let's arrest Stewie, while we're at it:

[Soloflecks]

3. I'm sick of this petty crap.

What a waste of time and money. Since when are construction workers so freakin' sensitive???

There was a gentlemen in this area who swore while mowing when he backed into a thorn bush or something, and his f'ing neighbor had him busted. Seems they'd had some problems over other things and that was a good chance to do a little gettin' even. All those who delight in getting even are going to find that eventually the chickens come home to roost.

[Mind_your_head]

4. Geez, a little thin-skinned (especially for a construction worker)

isn't it? ...not that I'm saying it's "okay" to flip someone the bird, but uhm, who doesn't understand 'frustration' and just 'let it go'. Aren't there enough other SERIOUS problems to worry about?

[TX-RAT]

12. Over 1020 work zone related deaths in 04

Thousands injured. I'd be a little thin skinned too.

[Mind_your_head]

19. Perhaps that's a different issue

We had one of those construction areas nearby for a LONG time, up until recently. *I* was one of those people who would drive the required 45 mph in the left lane to slow those 70 mph drivers down ~ and got the 'evil looks' as they charged past in the right lane! (I could never understand why an unmarked car didn't just sit and pick those guys off...easy pickins')

[DRoseDARs]

22. What, were they stabbed to death with middle fingers?

:eyes:

Quite the leap from an uncalled for hand gesture to deaths and injuries. Let'em vent and hope they pull a muscle or tendon flipping you off.

[Mind_your_head]

23. Exactly!

Thank You.

[Lorien]

15. Gee, does that mean that I can sue every time a construction worker

has grabbed his crotch and made an obscene suggestion to me? :shrug:

[DemInDistress]

8. flipping the bird is a staple of American life..ask King George the

Imbecile..he frequently flips that bird. good defense though,my president can do it so can I.

[Mind_your_head]

11. Let's not forget the Vice President who said F-U in the Senate chamber!

n/t

[DemInDistress]

29. your right lets not forget old dicky...f-u leahy..nt

[Mind_your_head]

10. Another indication of a society where the members won't

fight their own battles ~ even in such a little thing like this! It's like running to mommy, "Mommy, that bad man in the car stuck his finger up at me". Geez, this construction worker should be the laughing stock of his crew. *idiot*

Why the heck didn't the construction worker 'flip him the bird right-back-at-ya' and be done with it?

[Up2Late]

13. Not against the law, but here's a tip, NEVER flip off another Driver!

9 times out of 10, you will not help the situation, and might actually get you *ss kicked.

I was in the car when My brother did this, and I did it ONCE, both times, the other driver followed and escalated the situation, at his first opportunity (when we stopped).

[TX-RAT]

14. It's against the law in some states.

Check out #2 Texas Penal Code

PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLICORDER AND DECENCY

CHAPTER 42. DISORDERLY CONDUCT ANDRELATED OFFENSES


§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;

[Lorien]

17. I agree. I did so once when a driver forced me off the road by

making his own lane between me and a semi. We got off on the same exit ramp (I was behind him), and he slammed on his brakes and jumped out of his pickup and came running toward my vehicle, screaming. There was a gun rack on the back of his pickup-thank goodness it was empty.

[Tempest]

16. Correct me if I'm wrong, but his gesture is legal in America

I believe a federal judge ruled the middle finger was a protected form of speech.

Any state who has laws against it are just waiting to have it challenged and overturned.

[TX-RAT]

18. Still on the books, and still enforced in TX

[Tempest]

24. Has anyone challenged the law in federal court?

Every year hundreds of state laws are struck down by the courts.

[Mrspeeker]

20. oh yeah those bleeding heart construction workers

Watch out you dont want to upset them with mean gestures it could break their hearts :)

[SoCalDem]

21. Welcome to the "Old West"

where you could be jailed for not tying up your horses correctly, or making "eyes" at "wimminfolks"..

Looks like a whole new era's arriving...kind of a 21st century jim crow era, where anyone, regardless of color or age, COULD be tried for any number of invisible "crimes"..

I am glad I am older.. I would hate to think of living an entire lifetime under the the laws of the new uSSa...

The Beatles inadvertently wrote us a new anthem...just need to change ONE letter.."Welcome to the uSSa"..

[DinahMoeHum]

25. Another case of "standing on a brick to kick a duck in the ass"

:evilfrown:

[NYC]

26. This happened before:

Mr. Burns (in the case in this article) later appeared in magistrate's court to plead not guilty, and the charge was ultimately dismissed when neither Officer Johns nor the victim showed up at a hearing in October.

Yesterday, Mr. Burns filed his lawsuit, claiming his First Amendment right to free speech was violated, as were his 14th Amendment rights to be free from unreasonable search and seizure and malicious prosecution.

Mr. Burns' lawsuit, which names both the township and Officer Johns, was filed by the same lawyer, Harlan Stone, who won a $9,000 settlement in a similar case in 2004.

In that case, an Ambridge man flipped off the Sewickley fire chief -- again after being stuck in traffic...

David R. Dickinson gave Fire Chief Jeff Neff the finger as he drove by, and Chief Neff reported it to Officer McNatt, who followed Mr. Dickinson to his destination and issued him a citation for disorderly conduct.

The $9,000 settlement was reached when the borough's insurance agreed to pay that amount to end the lawsuit.

"The gesture, albeit insulting, had no sexual meaning, did not appeal to anyone's prurient interest, and did not create a public disturbance or breach of the peace," wrote Stone in both the old lawsuit and the new one.

[Joe Chi Minh]

28. Serve the beggar right. Throw the **** book at him!

Why blame a construction worker for doing his job - regulating the traffic for the common good of everyone. The mindless ****!

[951-Riverside]

30. :)

[salin]

31. well that's one way to get govt revenue without officially raising taxes.

any freeway prone to rush hour stop and go traffic? Gold mine for fines.

:sarcasm: