Couple Allegedly Has Sex In Restaurant In Front Of Children in Florida But No Parent Is Willing To Step Forward As A Witness

Jeremie Calo and Tiffani Lynn Barganier are accused of a bizarre crime of having sex in public at a Florida restaurant in front of families with children. Yet, they will not be charged with that crime because none of the adults, including parents, who watched the disgraceful scene are willing to come forward to be witnesses. It is an sad statement about our society that parents, who were upset with the alleged public sex act, do not view themselves as bound by civic duty to step forward as witnesses for the police. It appears that Calo is not the only one treating the incident with a wink and a nod.

The scene allegedly occurred at Paddy Murphy’s, an Orlando restaurant, after the manager was told by various patrons about the couple’s tryst. It is not clear why the manager is not a sufficient witness for the charge. He reported told the couple to stop and Calo, 32, allegedly told Tom Murphy “She can’t get up at this time” — a reference to Barganier.

Calo is accused of then scuffling with the staff and trying to leave without payment. He was charged not with having sex in public but “defrauding an innkeeper.”

What disturbed me about this story was the statement of the police that “The parents of the young children that observed Calo and Barganier having sex declined to write statements regarding their observations.” It is a chilling lesson that these parents are giving their children in not cooperating with police and stepping forward to serve as witnesses. I am not sure which is a worse lesson. This couple was presumably drunk but the parents were sober. In my view, one committed a contemptible act of commission while the other committed a contemptible act of omission. What do you think?

Source: Smoking Gun

58 thoughts on “Couple Allegedly Has Sex In Restaurant In Front Of Children in Florida But No Parent Is Willing To Step Forward As A Witness

  1. Classy couple. The parents should have thrown water on them like you would with any other two similarly situated animals.

  2. Just guessing, but I suspect the refusal to go on record as a witness has more to do with not wanting to get involved and have to go to court and testify against the guy. Getting involved as a witness is inconvenient, may cause one to miss work if you get called to court, and may fear retaliation as well. Remember the case of Kitty Genovese? More of the same.

  3. Is this an isolated event? I have been pretty drunk as a 20 something but never that drunk.

    I guess their parents went to Woodstock in 69?

  4. What mespo and OS said plus given the bevy of odious stories about people who’ve had nothing but trouble when they’ve tried to cooperate with the police as our law enforcement community grows every more militarized and out of control with little or no consequences for their bad acts? Cooperating with the police, while a civic duty in aiding in the solving and prosecution of crimes, has a strong case for avoidance these days. I’m certain of one thing for sure. I’d teach my kids to be very circumspect in dealing with the police in any capacity. An ounce of prevention beats a pound of cure.

  5. It is not clear why the manager is not a sufficient witness for the charge.”

    He could testify so the kids and parents would not have to suffer through it, because he may have to be there as a witness on the refusing to pay the bill issue.

    He is the one that was being harmed a lot, seeing as how reputation is important in the difficult restaurant business.

  6. Maybe the parents don’t believe in prosecuting victimless “crimes”.
    Maybe they don’t consider open and notorious sex an injury to the nebulous public.
    Maybe they don’t want to go to court and get jerked around.

  7. Oh great! Dinner AND a show!! woo-hoo.
    This looks like another one of those stories that must have some important bits of info missing. There has to be more to it than what I have read.

    Had I been there I think I would have tossed some ice water on them like people do when two dogs are humping & you want to break them up

  8. This should resolve itself once one of these moronic parents posts a video of the “event” on YouTube. Generation Y: bringing apathy to new and exciting levels.

  9. The parents were probably relieved to not be the subject of scrutiny by other patrons whose dining is typically ruined by poorly managed children!

  10. The article seems a bit oer the top. So a couple had sex in public. It may be somewhat discraceful but the fact the parents didn’t want to be party to prosecution is simply testiment to the fact prosecution would be a disproportionate response to the supposed crime.

  11. Having witnesses participate is part motivation, part manipulation..then there’s the subpoena. Part of my job working for the prosecutor was this function. I’m guessing this wasn’t a high priority case.

    Mespo has the nipping it in the bud right. My first thought was to start shooting them w/ your cell phone camera but these narcissists would probably like that. Maybe we need to ask ourselves, what would Lorena Bobbit do in this situation. Finally, what would one expect @ a restaurant named Paddy Murphy’s?

  12. I, for one, would also decline to give an interview or a statement. I would make an exception if someone was “really” harmed. This leads me to my second point which is that this is not such a big deal in my view. They were drunk and had sex in a restaurant — she was probably sitting on his lap and no really saw much of anything — they likely just “inferred” from the movement what was going on. I do not think the government has any business in this type of matter — it certainly should not be criminal.

    To me, laws like this are continued evidence that we are loosing our freedoms bit by bit as the state increasingly legislates morality. Why is it criminal to smoke a joint but not to drink a whiskey? Why is adult material illegal to even possess in some places here? Who gets to decide?

    I live in Texas and it was not too long ago that a law was still on the books criminalizing sodomy between consenting adults. If someone told you they engaged in such activity, would you report them?

    I do not respect laws that I feel are legitimate and I will not help the state enforce them in any way. I would even lie under oath and say I did not see anything – and I would have not guilt about doing that.

    Our government is corrupt and out of control.

    1984 is almost here.

  13. wow really……. oh my god… what is the world coming to… I agree throw cold water on them and everyone get your phones out… lol send the kids to the car… lol tell them they will be famous on U-tube lol did the manager add an extra fee to everyone’s bill for entertainment lol geeeessss the things people do… were they naked lol or was it hidden ?? lol just saying

  14. It’s not the name as much as the food indicated by the name. This wouldn’t happen in a Greek, Italian, Chinese, Indian, German, Jewish, Mexican restaurant. You know, the cultures w/ great food. This couple probably drank some superb Irish whiskey and when the food came said, “This sucks, let’s f@ck.”

  15. They were probably having sex in self-defense; the charge should be dismissed. I want to see that innkeeper’s high school records. Don’t make any judgments about this until we see all the evidence.

  16. I would have thought that knowingly trying to walk out on a tab would carry the heavier penalty compared to sex in public, but maybe they would get charged as sex offenders. I think a urinating in public charge can result in becoming registered sex offender in some places, though i could be wrong.

    Knowingly walking out on a bill is theft, right? Sex in public seems closer to indecent exposure. I’m not trying to lessen the sex part, but personally I’d rather have the unfortunate experience of seeing people having sex in public than be ripped off. The sex is a crime of stupidity. While the dine-and-dash causes measurable damage and involves a higher degree of thoughtful action, IMO. Also, I’m not a parent, but I know that changes the dynamic for how people view this.

    Also, I probably wouldn’t stand as a witness in this case either, unless there is more to the story than drunken sex. Maybe if there were more details I could see this another way.

  17. Eric Schwartz Having sex in a restaurant is losing our freedoms? I mean, seriously?? To equate this with say warrantless searches or indefinite detention?
    Article this morning about locals covering up sexual abuse by boy scout masters. Either don;t get onvloved, cant be bothered by like in Prof articel or cover up like Penn state, Catholic church and boy scouts. Nice set of morals too many in this country (do not) have.

  18. In these days of public school funding cuts, one of the first courses to go is sex education. I am sure the witnessing parents did not complain about this “…the disgraceful scene…” because it is the only time they could discuss sex with the kiddies without having to fall back on the time honored “birds and bees!”

  19. I agree with @OtterayScribe , @GeneH and others:

    With very few exceptions, my interactions with police have left me with a negative feeling. I rather not be involved with the police at any level.

    Furthermore, I have no desire to get anyone labeled as a sex offender for a consensual act. Once you agree to be a witness to another person’s “crime”, you can be compelled to testify. (5th amendment does not apply).

    I rather not participate in the further criminalization of the weird or different.

  20. Oh the horror, the horror. There is this thingy called a subpoena that could be used. To bad it didn’t happen in Texas, they might get 99 years in prison to set an example.

  21. Honestly I dont get it. consensual is okay no matter where? That says to me we need no rules of socially, and legally, acceptable behavioral. I have had encounters with the police where I have asked for their help and they were not willing, and in fact in one case, nasty (while I have also had them go out of their way for me, looking for a bat in my house comes to mind) but I would hope that does not blind me to doing what is right, to coming forward when necessary. Would this make me them sex offenders? It was consensual and may not fall into that category. Do I not come forward because I am afraid someone may be labeled – like say scout masters as pedophiles to go back to my earlier post and link? Yes I realize the analogy is off somewhat because of the extremity of one, the latter involving victims vs. a victimless crime, absent the people eating in the restaurant.

  22. Many, if not most of the “I would not cooperate” folks would change their tune quickly if they were the victim of a serious crime. I’ve seen it.

  23. @nickspinelli – probably not. This is bad behavior its only a crime because we have criminalized bad behavior.

    Being a victim of a crime doesn’t make me want to criminalize bad or offensive behavior. If anything it makes me want to DEcriminalize bad behavior so the police can focus on “crimes” with victims rather than shocked morals.

  24. leejcaroll – I don’t think anyone is saying that sex in a restaurant is model behavior. We are saying that it should not be criminalized. Like any other type of behavior that an establishment finds objectionable, they should be asked to leave. If they do not, and commit another crime in the process (running out on the check, assault) then, by all means, charge them with that.

    And really, do you think there is any comparison – or even any connection at all – between consenting adults having sex in public and rape of a minor?

  25. If the sex was “hidden”, only the adults would likely know what was going on. The little kids wouldn’t be aware of anything except those people are acting weird. Somewhat older kids might want to know what was going on and leave an opening for a discussion about sex and that it’s best done in private.

    A kid throwing a tantrum is far more disruptive. It’s bad behavior, the parents should take the kid outside.

    “Hidden” sex is bad behavior, ask the participants to leave. Hmm, well, wait until their done. Don’t want to ruin the surprise show. “Exposed” sex is indecent exposure and subject to criminal charge. Bare bottoms just don’t go well with dinner. They run out on the tab, they get charged with theft of services.

  26. If you only knew what goes on under very overhanging tablecloths in the typical Chez Pierre-establishment in Paris.

    Again, a race to the bottom! Fun? Why not, the climate race is soon over. Woooo–hooo–hooo! As Wily Coyote says.

  27. rafflaw, LOL. I prefer Bushmill, but Jameson is equally superb. My brother married a woman who was the oldest of 10 kids in an immigrant Irish family in Allston, just outside Cambridge. Her old man had a thick brogue that made him hard to understand. The weekend of their wedding in 1981 I gave John a bottle of Bushmill. His eyes lit up like a Christmas tree! The kids also took note and quickly hid it. I didn’t know that John had the Irish curse and was only allowed to drink Harp or Guiness. Please realize rafflaw, I am part Irish. I just love to bust their balls. And food is a legit ball bust as it is for Norwegians, Brits, Russians, and a few others.

  28. Oh good godd! We’re SO worried about what little Johnny or little Mary MIGHT have seen. These little ‘charmers’ (especially if they are in school) probably know more about the facts of life than their parents and, if asked, even a six year old can explain what the ‘F’ word means in exquisiite detail (I know….I’ve heard it done). So let’s just get off of this ‘Won’t someone please think of the children’ and just let people alone. Sure, it was bad taste, but maby the restraunt food tasted worse.

  29. Eric I noted that the analogy was not spot on because of the extremity of one vs what these people did.
    The problem is we end up criminalizing this kind of thing because too many people refuse to rein themselves in and then laws are made because people have discarded societal courtesy and decorum.

  30. Kraaken, What about health laws? I have to wear shirt and shoes just to enter a restaurant, or even a convenience store. That seems excessive to me but that’s the law. Are we going to have to post “no sex on the tables” on restaurant doors. There is an unwritten social contract that says you don’t f@ck your date between the salad and main course. I guess for the Kraaken’s of the world that needs to be codified. We do agree about the food.

  31. Nick wrote: “There is an unwritten social contract that says you don’t f@ck your date between the salad and main course.”

    I think that’s what others have been saying too. It is an “unwritten societal contract” that very, very few ever break. The need for laws is nonexistent due to the rarity and lack of victims/damages.

    I have to agree.

  32. What this says to me is that at least some people are beginning to understand that having sex is the most natural act in the world, and frankly, I’d like to see (in the general sense) it happening in more public places like parks, beaches, etc.– and yes, even restaurants. For centuries, Americans have been among the most sexually-hung-up populations on earth, and it’s about time they realize that if it weren’t for sex none of us would even be here. And as for sex in public places, here’s a word of advice — the same advice I give people who have problems with certain TV shows — if you don’t like it, DON’T LOOK!

  33. Dredd, that business was not damaged; I think they’ll get more business from all this, not less. Just think: They can start playing Meg Ryan tapes there for background music!

  34. Nick, you might be right about the social contract being unwritten, but the ‘social contract’ is nothing of substance; it is a set of ‘rules’ that a majority people decide works for THEM, ergo, for society in general. There are always people who say (pardon the pun) ‘screw that’. Perhaps you have seen more on this story than I, but I don’t recall seeing that they were boffing ON the table. As for the Kraakens of the world needing it codified, yes. If you’re going to arrest someone for an action, it needs to be for something more substantial than the breaking of the ‘social contract’. Getting back, however, to the purpose of the article, I think the ‘witnesses’ actually did the correct thing. They probably thought it was objectionable, but not worth the trouble to testify. You know, go find some real criminals.

  35. I think that if you did a poll of Floridians, you’d find a big majority who think this act should be viewed as crass, rude, inappropriate, in poor taste, freaky-deaky or whatever, but not criminal. I think you have a case of witness nullification, as it were, and I agree.

  36. “Mark Kernes
    1, October 19, 2012 at 8:23 pm
    What this says to me is that at least some people are beginning to understand that having sex is the most natural act in the world, and frankly, I’d like to see (in the general sense) it happening in more public places like parks, beaches, etc.– and yes, even restaurants.”

    I was 30, she was 25, we’d met on the bus a half-hour before. We were in a green park 200 yards from the Grand Hotel, and lively engaged in it on the green grass.
    Three, maybe 5 years older, girlfriends strolled by a couple of paces nearby, I looked up, they gave me smiles, I smiled back, the sun shone and we continued and their conversation continued as did their stroll. Peace reigned.

    BTW, She was American new arrival, thought that I was a Swede, which for fun I let her believe a while longer. So not only American men like coming to Sweden.

    So it was not wild Swedish youths who did it.
    The most natural thing in the world.

  37. People go to restaurants to eat. Sure sex is a natural act but it’s ridiculous to tell me that I should just look away from two people having sex in a restaurant. Peeing is a natural act. Shouldn’t I be able to unzip my fly and relieve myself in can while in a restaurant booth, especially if I decide that going to the restroom is not convenient enough. Don’t tell me that sex in a restaurant is perfectly natural. What if my wife and I were the only couple not having sex in a diner? How do I look away then? Are we expected to leave our meals because we are just too uptight about people having sex where we eat? Not buying it.

  38. Doug B. ………………..

    I agree…. go have your wild sex at home… what ya can’t control yourself… geeeessss was it that hot ??? lol lol he isn’t all that…. lol just saying..

    Oh hell… I think the parents or one of them should have taken the kids to the car…. one parent come back in and stand over the table and take a video of it with the phone and put it on U-tube… than we all could have watched it…. in private lol just saying…. Ice water would have worked maybe…. depends on how hot it was……. lol

    Oh my….. I wouldn’t want to watch someone take a leak in a can at my next table…. geeeesssss NOT

    just give them a fine and move on….who knows she might have sounded like Meg Ryan…. lol lol lol

    Sex is good but not in the restaurant……. eat than go home and have your desert….. just saying….

  39. Maybe they were discrete about having sex there– like she had on a dress and was sitting on his lap and no one could see the pee pee or woo woo.

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