Submitted by Mark Esposito, Guest Blogger
Bonneau is a quiet little town in the “Low Country” of South Carolina. Boasting plenty of southern charm, it covers about 2.9 square miles and sports 354 residents. Not much going on except good red beans and rice and some pleasantly hot summer boat rides on Lake Moultrie. Pretty Mayberry-esque except it’s also the epicenter for a debate on South Carolina’s obscenity laws which prohibit motorists from displaying bumper stickers, decals, or devices depicting “sexual acts, excretory functions, or parts of the human body in an offensive way as determined by contemporary community standards.”
In early July, Bonneau Police Chief Franco Fuda spotted an unusual item adorning the trailer hitch of 65 year-old Virginia Tice’s pickup truck. Tice has a quirky sense of humor and thought it sassy to display a red plastic set of human testicles for her fellow motorists to enjoy. The items sell under the brand names of “Bulls Balls” and “Truck Nutz” and are apparently standard fare in convenience stores of the “Palmetto State.”
Ms. Tice was ticketed with the charge which carries the possibility of a $445 fine but no jail time. The case outraged other residents of the Bonneau.”To me it’s just a personal expression,” John Caddell told the local paper. “My truck’s got power.” For her part, the grandmotherly Tice is embarrassed and not taking calls.
Sheriff Fuda has spoken to Tice’s lawyer, Scott Bischoff, Esq., of the Savage & Savage law firm that took the case on pro bono. In a remarkable display of small town enlightenment and faith in the jury system, the Sheriff asked for a jury to decide the propriety of the novelty. “The statute says obscenity should be determined by community standards,” Fuda said. “I didn’t think it was fair for a judge to decide that.”
Bischoff was equally sanguine if a little amused. “She’s such a sweet lady and she just says ‘I don’t want to pay the fine.’ We’ll let a jury decide whether this is really criminal behaviour. I don’t want to take away from the importance of free speech, but it’s really comical,” he said.
A little of what’s best about small towns–genial folks doing their jobs and the right thing without promise of financial reward. Believing in the system and the good sense of their neighbors to effect justice, all without the savage rhetoric and moralizing that has become the staple of our public discourse. Maybe that “little town” on the Potomac could learn a lesson from Bonneau.
Source: Charleston Post & Courier
~Mark Esposito, Guest Blogger
mespo,
How to taint the jury pool? Police pontificate everyday and it usually sounds just that good. Remember your original assertion? “That he didn’t chime in with a moralizing opinion about the matter –one way or the other-tells me he respects the system to make that decision.” Well, he did chime in and it was one way, not the other.
Now, Tex is back in the hospital and I must leave for visiting hours so I won’t be responding anymore … didn’t want you to think I’d given up.
Teachable moment maybe? ‘Stop that giggling, things like that just mark people as having no common courtesy or sense, they are dim-bulbs and should be ignored, normal people don’t need THAT kind of attention.’
South Carolina needs to be renamed from the” Palmetto State” to the “ignorant white trash, bottom of the gene pool state.”
Blouise:
Do you not think it morally neutral to point out that exaggerated depictions of human gentalia is offensive to some people — maybe even most people? I think it’s a statement of manifest fact. We all agree the right to swing your arm ends at my nose, but what about the right to display graphic and provocative sexuality. I have no problem drawing the line there at the threshold of the displayer’s door.
mespo,
He gave her a ticket for after all, “Genitalia is offensive,” and ” I wouldn’t want my daughter looking at it.” Can’t unring that bell.
Those kind of quotes weren’t given the next day to Reuters. Then it was “This is certainly not a staple of my ticket writing in Bonneau,” the police chief told Reuters on Wednesday.(http://www.reuters.com/article/2011/07/27/us-crime-testicles-idUSTRE76Q6BR20110727) and “I didn’t think it was fair for a judge to decide that.”(re jury trial)
Now I’d say he’s being prudent.
“I find no justification to be deliberately provocative to folks and their kids who’ve done nothing to you. While you may have right to vulgarfree speech, you are not exempt from criticism or ridicule, and, if its obscene, from criminal prosecution. I do not agree that you can’t legisilate basic decency. We do it all the time.”(mespo)
Since I wasn’t arguing that point, I have no counter.
Blouise:
I don’t think he was moralizing. I think he was saying he has an obligation to enforce the statute as written and if it would be offensive to some folks due to wanting to protect their kids from seeing it. I’d consider that to be probable cause to believe a violation had occurred. I’d conclude moralizing if he made some attack on Ms. Tice or her morals or her beliefs. The easiest thing for him to do — and the safest politically — was to drive on by.
I’m with Frank on this one. I find no justification to be deliberately provocative to folks and their kids who’ve done nothing to you. While you may have right to vulgarfree speech, you are not exempt from criticism or ridicule, and, if its obscene, from criminal prosecution. I do not agree that you can’t legisilate basic decency. We do it all the time.
I just wish people were a little more respectful of the world around them. I’m not comfortable with criminal charges but ti pisses me off to go places – the State Fair, community events, the local grocery store, movies you name it – and see people with T-shirts, hats etc with obscene messages or graphic depictions of genitalia or sex acts on them.
It is certainly something children don’t need to see. But you can’t legislate common sense or basic decency.
Which is neither here nor there as I was answering your assertion that he didn’t “chime in” with a moralizing opinion …
“Genitalia is offensive,” says Chief Fuda. “As a law enforcement officer, I’ll advise that person if it warrants a citation I’ll issue a citation. As a father, I wouldn’t want my daughter looking at it.”
***************
I’d say that’s more prudent than prudish.
“Virginia Tice, a local resident, planned to appear in traffic court Tuesday to ask for a jury trial if the judge didn’t drop the charges. As it turned out, Police Chief Franco Fuda beat her to the punch. Fuda asked for a jury trial before Tice had a chance to appear before the judge.” (http://www.postandcourier.com/news/2011/jul/27/obscenity-case-will-be-heard-by-jury/)
Uh huh …
“That he didn’t chime in with a moralizing opinion about the matter –one way or the other-tells me he respects the system to make that decision. “(mespo)
“Genitalia is offensive,” says Chief Fuda. “As a law enforcement officer, I’ll advise that person if it warrants a citation I’ll issue a citation. As a father, I wouldn’t want my daughter looking at it.” (http://www.live5news.com/story/15154990/sc-woman-gets-jury-trial-for-display)
Sounds rather moralizing to me … but, hey … to each his own
Making laws defining “community standards” of bad taste is usually an easy hypocritical display. On “I Love Lucy” the couldn’t say Lucy was pregnant, but had to use euphemisms. If humans need euphemisms for pregnancy due to community standards I think it is time to pack it all in. A word can only be in bad taste if you know what it means and if you know what it means then it can’t be in bad taste.
Blouise:
The easiest thing for him to do was bring the summons before a judge with the predictable result of a conviction and fine. That he honored the wording of the statute rather than setting out to just “get his
manwoman” tells me he’s a reasonable guy. That he didn’t chime in with a moralizing opinion about the matter –one way or the other-tells me he respects the system to make that decision. If it benefits him politically, so what? Must one be as Caesar’s wife to merit any sort of credit whatsoever? Must one perform to one’s detriment in every instance to be deemed credible?You could be right Blouise, but I am hoping that the Sheriff has some dignity.
Police Chief Franco F. Fuda finds himself in a most difficult situation, politically. He’s trying to find a way out because he wants to keep his job. I’m not impressed.
It is a good thing bad taste is not illegal in most places. Virtually all of us would be in trouble with the law at one time or another. Especially after a few beers.
I always thought those things were in horrible taste. Additionally, I really do not care for those little propellers and other stuff you can hang on trailer hitches. But to each his own. I hope she wins her case.
I’m glad Ms. Tice is taking the words of General Anthony McAuliffe to heart and responding to her demand for surrender of her free speech rights by saying “Nuts!”. In addition, that Sheriff Fuda wants a jury trial to resolve the issue speaks well of him. It’s nice to see a LEO put rights in front of considerations of revenue generation.
YA
While I am not a big fan of displays such as this one or the little boy pissing on other truck brands, but I thought we had some freedom of speech left. Maybe not. Kudo’s to the sheriff for doing the right thing getting the jury involved.