In what is billed as the Potty Mouth case, a judge has ruled that Dawn Herb won’t have to spend time in jail or pay a fine after she was overheard swearing over an overflowing toilet.

Magisterial District Judge Terrence V. Gallagher ruled in her favor despite the fact that she was overheard by an off-duty Scranton cop — who told her to watch her language. She swore at him as well, according to charges. She was then charged with disorderly conduct cThe constitutional question was easy.

The real question is what to do wtih Officer Patrick Gilman and Patrolman Gerald Tallo — and their superiors — who brought this ridiculous charge. No one appears to have been disciplined for the use and waste of public resources over an obnoxious neighbor problem.

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