I’ll Have What She’s Having: Leading Atheist Arrested For Making Sexual Noises

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

92 thoughts on “I’ll Have What She’s Having: Leading Atheist Arrested For Making Sexual Noises”

  1. Tootie:

    I don’t think “Muskrat Love” is disturbing for that reason. I think it’s disturbing because it’s just an awful song.

    Perhaps we could replace it with this instead.

  2. Muskrat Love is highly disturbing?

    I was amazed by that comment so I did a little search on the web and found that after all these years there is a controversy about the song.

    I was 17 years old when this song became popular and I’m sure I’m probably one of the people who helped it become so. And I NEVER believed the song was about critters having sex. Me and my friends never discussed the song in those terms at that age we would have been likely to do so! LOL

    It’s like a scene from a Disney Movie only painted with words and without images. Hardly disturbing (though there are some disturbing things in many a Disney movie). This would not be one of them. The video is from a 101 Dalmatians cartoon series, not the movie.

  3. Ms. Wachs lives in Polk County, a primarily rural, ultra-conservative, Bible belt area lying between Orlando and Tampa.

    Bartow, Florida – There’s a new taser in town that looks like something out of a James Bond movie. It packs a powerful punch and can stop the bad guys in their tracks longer than a stun gun can.

    Polk County Sheriff’s Office SWAT team members say the taser has already saved lives.

    They point to a terrifying scene from inside an Auburndale home last Christmas when a convicted sex offender, 27-year-old Jason Robinson, was accused of brutally attacking his brother and threatening to kill the entire family.

    http://www.wtsp.com/news/topstories/article/190334/250/New-High-Tech-Taser-being-used-in-Polk-County

  4. Illuminated One
    1, May 11, 2011 at 7:16 pm
    What is meant by “driving a convertible” and “looking for a loose screw?”

    Please enlighten me, what do they have in common.

    ————————
    are you a blogbot?

  5. Mr. O. Scribe,

    Why does it require a sense of humor? Does the one that drives the convertible have to have nuts, when it finds the loose screw?

    Please enlighten me how one would go about tightening the loose screw?

    What if someone else claims ownership of the loose screw? Do they have to be compensated for the time that you had the loose screw?

    Would this be the same of the finder of lost property?

  6. IO: Don’t worry about it. It is too complicated and requires a sense of humor.

  7. What is meant by “driving a convertible” and “looking for a loose screw?”

    Please enlighten me, what do they have in common.

  8. She might actually have a case for selective enforcement of noise ordinances, if there were any noise ordinances. The Law of the Land Blog by Patricia Salkin has all sorts of local government issues cataloged.

  9. “He tells us Wachs had taken her chemotherapy medication the night before and was tired.”~somebody on here..
    ——————————

    damn, that is sexy………..

  10. anon nurse
    1, May 11, 2011 at 11:02 am
    To the loose screw in all of us
    ————–

    🙂 THANK YOU!!!!!!!!!!!!!

    —————————————
    and Yes, this is definitely a ersecution and a true reflection of the current state of the state of Florida….it is simply how things are done here. Piss someone off….have a thought of your own….understand and behave like you have civil rights…you will be swiftly (or not…depending….)disabused of that notion….usually not so blatantly but you will be disabused…and then punished.

    ‘Course if you know the right folks you can make all the noise you want, wherever you want, and any time you want…Welcome to FLORDA! te Sunshine State! 🙂

  11. I don’t know where the info came from that Ms. Wachs was “feeling sick,” but it seems pretty critical to what the noises were (if any) that the neighbors heard.

    Perhaps the sounds made by the mother of the young basketball player while he was being conceived were the sounds most of us make while retching and throwing up, thus the sounds of being sick are “sexual sounds” to that family?

  12. anon nurse,

    This is from a report a day later:

    Sheriff’s atheist opponent out on bond
    http://www.myfoxtampabay.com/dpp/news/local/polk/sheriffs-atheist-opponent-out-on-bond-05062011

    Excerpts:
    BARTOW – A judge in Bartow decided to release Ellen Beth Wachs, an outspoken atheist, who has been in jail since Sunday.

    *****

    In the end, the judge decided to let Wachs go. The judge set a $6,000 bond, and forbid her to have any contact with the 10-year-old or any other kids.

  13. rafflaw,

    That would be a most incorrect statement….When I went out for a 1/4 pounder…I usually came back with a weeks supply…..

    I did however have friends (word used too freely then) that were all eager to point out my transgressions….but they always made sure I somehow or another got home….safe is another story….

  14. No mame….It was a 1984 Chrysler Le Baron…obtained as a Christmas present…..in 83’….That gold color….I will tell you it was nice..but the leather seat and my shorts were not a good combination….I can still feel the searing of flesh…..

  15. Elaine,
    At least AY can remember most of his college days. Some of the time I spent in college is still a mystery to me!

  16. Thanks for the link, Elaine M.

    From the same article…

    excerpt:

    “A 15 year felony for a neighborhood dispute?” questioned Liguori,

    “I think number one, they don’t like people speaking out and challenging their authority. Number two, I think we have a rich history of the sheriff micro-managing people’s lives. We see it in all of the operations he does, bringing people in from all over the world to arrest them and third, I think they facially believe this is a violation of the law.”

    Wachs remained in the Polk County Jail as of Wednesday night due to her February arrest for impersonating an attorney.

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