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A frustrated woman cursed like a longshoreman the night her toilet backed up. Whether that constitutes a crime is now in the hands of a judge.
Dawn Herb, 33, was cited for disorderly conduct after her neighbour, an off-duty police officer, called authorities to complain about her potty mouth. Herb pleaded not guilty.
The mother of four does not deny using profanities when her toilet overflowed on October 11. But her lawyer, Barry Dyller, told the judge cursing in one's own home is not a crime.
"The laws cannot require us to speak eloquently, in good taste or an inoffensive fashion. We are allowed to speak colourfully and that is absolutely constitutionally protected," said Dyller, who is handling the case for the American Civil Liberties Union.
Judge Terrence Gallagher will issue a decision in a few days. If convicted, Herb faces up to 90 days in jail.
Patrolman Patrick Gilman, Herb's neighbour in Scranton, about 193km west of New York, testified that he was off duty when his 12-year-old daughter came running home complaining about loud cursing. Gilman, who lives a few houses away, yelled out to "watch your mouth" but she just cursed at him.
In Pennsylvania, someone can be convicted of disorderly conduct for using obscene language or gestures. Dyller said the courts had consistently interpreted "obscene" to mean material that appeals to "prurient" interest and depicts sex in an offensive way. There was nothing sexual about Herb's words.
In February, the ACLU sued Pittsburgh and a police officer for a man who was cited for making an obscene gesture. The charge was dismissed.
- AP
