We previously saw how police charged atheist activist Ellen Beth Wachs, 48, with unauthorized practice of law after she confronted local politicians over prayer at public meetings. Now, Wachs (the legal coordinator for the Atheists of Florida) has been arrested with a sexual performance in the presence of a child. The police, however, admit that no one saw any sexual act. Rather, she is accused of making sexual noises.
Police say that Wachs had asked a neighbor’s 10-year-old son to stop playing basketball early in the morning because she felt sick and the noise was bothering her. The boy stopped but a few minutes later he reportedly started again — with his Dad. They then say that they heard “moaning noises of a sexual nature” coming from her house. Deputies arrived and arrested her.
Atheists are objecting that this is a pattern of harassment by local officials directed at Wachs while police insist, while no one has been charged for sexual noises before, they have brought this charge in other cases. It turns out that making basketball noises is not a crime.
This could lead to an interesting first amendment claim as to why some noises are allowed while others are criminalized. This is akin to criminalizing swearing in public where the sounds themselves are considered profanity. I personally believe that Captain & Tennille’s Muskrat Love is highly disturbing. While a crime against art and society, it is not a crime. Seriously, the question is where is the line drawn on “sexual noises” under the criminal code?
We have seen a woman arrested for broadcasting porn near a school, but not the claim of sexual noises.
What is clear is that Meg Ryan should stay clear of Florida. In Florida, it turns out that “what she’s having” is a criminal felony charge:
Source: ABC
Jonathan Turley
Controversial atheist activist arrested, accused of being too loud in bedroom
http://www.wtsp.com/news/article/190447/8/Atheist-activist-arrested-for-being-too-loud-in-bedroom
Excerpt:
“I think this is an example of us moving in a direction where we take legitimate issues that require prosecution and move them to an area of persecution,” said Wachs’ attorney, John Liguori.
He says Wachs was not yelling out in ecstacy.
“It’s my understanding that there was another individual in her home whose name is John, that she was calling him to come help her,” explained Liguori. He tells us Wachs had taken her chemotherapy medication the night before and was tired.
“It is very clear in the affidavit that no one viewed sexual activity occurring, no one observed her engaged in any illegal or sexually illicit activity or sexual activity of any kind, and now we’ve chosen to rise speech to the level of a sex act,” said Liguori.
Liguouri says it’s no secret Wachs is not well liked in her gated Lakeland neighborhood, or even by many in the county.
That’s ok Elaine…..
I enjoyed myself……All’s I had to do..well was go at least 3/4 to full time…and pretty much all else was taken care of…. Then I realized that the retirement of being a professional student sucked…. I did pick up enough credits for various degrees….and the damnedest thing happened….they changed requirements for graduations…..and then I had to take those classes….it became a vicious loop….To my credit…I did finish an accounting degree in 3 years…worked 6 months…said to hell with that and went back and enjoyed myself…the remainder of the time….
AY,
And to think in college I had a convertible…You weren’t in Austin per chance around the mid to late 70′s to the mid 80′s…..I think I was looking for the same thing….
**********
You sure were in college for a looonnng time!
😉
Buddha,
I’m gonna quit while I’m behind…
AN,
Ever elfish, but annoying? Never…
If only he were making gorilla noises:
AN,
I woke up just to annoy….lol…..
Blouise,
And to think in college I had a convertible…You weren’t in Austin per chance around the mid to late 70’s to the mid 80’s…..I think I was looking for the same thing….
Buddha,
It is fun sometimes…and I agree….
This case disturbs me in that, on the surface, the woman was arrested for making noises in her home. what if she was really having sex, would it be a crime then? I agree with Prof. Turley that this sounds like a First Amendment case to me. Don’t we all have the right to make “noises” in our own homes? The crazies are taking over Florida. -rafflaw
Yes. And thanks for the laugh. Regarding “the crazies…taking over Florida”, unfortunately, they’re spreading like wildfire… Plenty of them in all quarters, it would seem…
It is truly obscene that this woman was charged with a crime. I would hope that it is thrown out and a full investigation was performed into how she came to being charged and what sort of pull does the politically connected neighbor have. I would further hope that disciplinary action occur for those who violated her civil rights just because they don’t like her religious choice of not believing in a God.
Buddha,
I am afraid to respond to that!! 🙂
raff,
I’m running around making gorilla noises right now.
I dare them to arrest me.
1) It’s legal.
2) I do an excellent gorilla impersonation.
anon nurse,
Great video! This case disturbs me in that, on the surface, the woman was arrested for making noises in her home. what if she was really having sex, would it be a crime then? I agree with Prof. Turley that this sounds like a First Amendment case to me. Don’t we all have the right to make “noises” in our own homes? The crazies are taking over Florida.
And 🙂 to AY for getting us on the right path…
Gyges,
Of the three;
One was (and still is to my mind) a great guy I was friends with before he “got religion”. Then married into the religion. And from there slowly drifting away. I’d still like to talk to him. I know how to get in touch with him. But his wife thinks I’m a vile heathen and bad influence, so since I truly do like him, I figure why start trouble for him?
Second was a guy who turned out to be a lot like an objectivist ethically speaking and a lot like a fascist politically speaking. Things ended on a sour note there. I regret the sour note and I miss the good times we once had until the endless tirade of Rush destroyed his mind. But in final analysis, I suppose I miss the memory of good times more than the man himself.
Third was a gal I’d say I used to love, but in truth, in some ways I still do. Always will. Our drift was . . . complicated. And further complicated by the fact as her politics evolved, she became more and more Republican. Not that that in itself was fatal to our relationship – she was a reasonable Republican – but it did exacerbate the drift. She’s married now. Has kids. Has a very jealous husband. I miss her terribly, but to make her life stay happy, it was best that I simply let go. The jealous husband thing would have led to no good end.
Tangled webs.
But to the rest? Good riddance I say. Life is too short.
anon nurse,
have to run … have a good day, even if you have to go to work!
Blouise,
Yes, to the power of the brilliant double entendre… 🙂
To the loose screw in all of us:
anon nurse,
A double entendre in the morning is good for the soul … 😉
Blouise,
AY,
I like to think of myself as a loose screw … waiting patiently by the side of the road for a passing convertible …
🙂
Each one of us is a little “screwy”…