Man cited for speaking in public under 1887 local ordinance
Sep 11 2009
Winona, Minn.
A man was cited for speaking (cursing) in public under a local law created back in 1887. Police said a 19-year-old man was cited Wednesday after he yelled obscenities at officers who had earlier given him a ticket for underage drinking. Officers said they could hear the man cursing at them from a block away. Several neighbors said they also heard the shouting.
Police normally issue disorderly conduct tickets in similar situations, but Deputy Police Chief Tom Williams said officers use discretion to choose the most appropriate charge.
Violating Winona's obscenity law is a misdemeanor, with a maximum penalty of 90 days in jail and a $1,000 fine.
The poor schmuck arrested by the hick cops probably doesn't know it either, or the judge who will sentence him, and he probably will have to pay a fine and do some jail time, but his arrest is unlawful and the law unenforceable.
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Information from: Winona Daily News, http://www.winonadailynews.com
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