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. 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.

  2. 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?

  3. @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.

  4. 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.

  5. 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.

  6. Darren,

    In their defense, Jake and Elwood being on a mission from God may be mitigating circumstances. 😉

  7. 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.

  8. People were socialized into inaction due to restaurant dramas such as this:

  9. 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.

  10. 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!”

  11. 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.

  12. Our culture has ceased to exist. Honey Boo Boo is our goddess. Caligula rising! Over and out.

  13. 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.

  14. Nick…………………………..

    Way to funny lol lol lol lol good laugh for the morning lol

  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.

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