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By CHANDLER BROWN , DAVID SIMPSON
The Atlanta Journal-Constitution
Published on: 04/05/06
Bashing President Bush will not cost an Athens woman $100 after all.
Denise Grier, who was cited in DeKalb County for her "I'm Tired of All the BUSH—" car decal, has had her case thrown out.
"We couldn't prosecute it," DeKalb Recorders Court Chief Judge R. Joy Walker said because Georgia's lewd decal law was ruled unconstitutional in 1990. Walker said a letter of dismissal was mailed to Grier's home last week.
Police Sgt. R.S. Caviness pulled Grier over on Chamblee Tucker Road about 9:30 p.m. March 10, according to police records obtained under Georgia's Open Records Act. He issued her a ticket for $100.
The portion of the Georgia code that Caviness cited on the ticket prohibits on vehicles "any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body."
However, the Georgia Supreme Court declared the law unconstitutional in 1990, ruling it violated the First Amendment right to free speech.
That court decision is noted in current printed versions of the Georgia code, but Caviness said Tuesday it did not show up on a computerized version he had accessed from his patrol car when he wrote the ticket.
He noted the court decision also isn't shown on the version of the Georgia code posted on the Georgia General Assembly's Web site.
When he learned about the ruling, Caviness said, he went to Walker and asked the judge to dismiss the case.
Attempts to reach Grier for comment about the dismissal were unsuccessful.
Grier's story appeared in The Atlanta Journal-Constitution last week and quickly circulated on the Internet, drawing reaction from around the country.
Last week, Grier, 47, said the case was about her right to free speech.
"The officer pulled me over because he didn't agree with my politics," she said.
But Caviness said Tuesday he "didn't even realize it was a political sticker." He said he just noticed the final four letters.
"I wasn't even going to write a ticket," Caviness said. "I was just going to tell her it's not setting a good example for children."
He said Grier interrupted him and said, "Just write me a ticket."
So he went to his car and looked up the code section, Caviness said.
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