Aberdeen Behavior Code Denies Exuberant, Fun Gestures; Heidelberger in Jeopardy?
By Cory Allen Heidelberger on 2016-02-12
The City of Aberdeen wants us all to be civilized in its public spaces… or else!
Aberdeen behavior control targets exuberant public speakers? (screen cap, video by Ken Santema, 2016.02.08)
The city has adopted a patron conduct policy that extends to any city office or city-owned property. The policy went into effect last month….According to the policy, disruptive behavior is considered:
Waving of arms? Oops—looks I won’t be making any speeches in the city parks.
Threatening behavior includes written or oral threats like “you better watch your back.” It also extends to implied threats, such as “this isn’t over” or “you’ll be sorry.” Violent behavior is defined as a physical assault, throwing items or destroying property [Sand, 2016.02.12].
“This isn’t over” is a threat? You mean if a citizen hasn’t obtained satisfactory answers from a public official, that citizen can’t inform the official that she intends to continue that discussion at a later time with higher official?
I understand we don’t want folks getting ugly at City Hall. I’ll try to to wave my arms too hard at Melgaard Park (I’ll slow down and call it tai chi). But speech codes can get tricky—Aberdeen, let’s tread carefully on what sorts of oral comments we’re going to use to trigger booting someone from public space.
Gear up the city attorney’s office. Either this is a new vehicle for selectively prosecuting people someone doesn’t like, or they are going to have numerous court cases to prosecute/defend on first amendment and other grounds. The first time they try to go after someone for swearing they are going to run into a buzz saw of constitutional law. And when they send Officer Kaiser to arrest Cory for waving his arms it will make for interesting political theater.
Madman
2016-02-12 11:04
This could lead to a really interesting conversation in a jail cell.
“What are you in here for?” Inmate 1
“I was waving my arms during a speech.” Inmate 2
“Dude that guys crazy”, slowly backs away. Inmate 1
Penalties? No death sentence yet, but they can ban unruly arm-wavers from public property for 30–60 days.
Roger Elgersma
2016-02-12 16:02
lol But Cory, the city has to be responsible and if they let you get by with it the law will not longer be effective since they will have to give a little more and a little more till they have a big problem.
John
2016-02-12 20:20
What in the wide, wide, world of sports got into my second hometown? Is it the water? Why would the nuts sponsoring this open the city to lawsuits and potential damages for violating the First Amendment’s freedom of speech, freedom of expression?! Those are federal court charges, federal court costs, federal damage awards. That alone is motivation to stand on 6th and Main and raise cain.
David Newquist
2016-02-12 21:56
They seem to permit finger signs.
John
2016-02-13 20:22
Profanity?! Get real, Aberdeen. Grow the f*ck up. In Cowen v. CA, 403 U.S. 15 (1971) the Supreme held wearing a jacket emblazoned with, “F*ck the Army” was freedom of speech. Aberdeen, start your bottomless legal defense fund now.
John
2016-02-13 20:42
Correction. Cohen jacket read, “F*ck the Draft”. Aberdeen, also consider, Elonis v. US: http://www.supremecourt.gov/opinions/14pdf/13-983_7l48.pdf where SCOTUS reversed 5 convictions of “threats” on First Amendment and other grounds. Save the legal fees, Aberdeen; just begin paying out damages.
grudznick
2016-02-14 07:51
When you are in the legislatures they will make new rules about yelling and arm waving, Mr. H.
John, I’m going to get a jacket and a button that reads, “This isn’t over.” “This” refers, of course, to democracy.
Grudz, the Legislature will have a hard time making rules targeting me specifically, since I will be backed by my new majority, the Anti-Ridiculousness Caucus.
larry kurtz
2016-02-14 17:48
Looks like Aberdeen has another six inches of the white stuff. Gettysburg got a foot.
You wretched mongrels.
grudznick
2016-02-14 17:58
Imagine the fun the children in those towns are having! Probably almost as fun as Eskimo kids have every day.
Gear up the city attorney’s office. Either this is a new vehicle for selectively prosecuting people someone doesn’t like, or they are going to have numerous court cases to prosecute/defend on first amendment and other grounds. The first time they try to go after someone for swearing they are going to run into a buzz saw of constitutional law. And when they send Officer Kaiser to arrest Cory for waving his arms it will make for interesting political theater.
This could lead to a really interesting conversation in a jail cell.
“What are you in here for?” Inmate 1
“I was waving my arms during a speech.” Inmate 2
“Dude that guys crazy”, slowly backs away. Inmate 1
Cory
You are the voice of the people. Thank you for all you do.
Frank
Refusing reasonable identification requests ? Would this apply to election workers who won’t accept drivers license photos as proof of I D?
It also extends to implied threats, such as “this isn’t over” or “you’ll be sorry.”
“If Barack Obama becomes the president in November again, I will either be dead or in jail by this time next year,” Nugent said,
What are the penalties for violating this code of conduct.
Better be careful Cory, South Dakota still has the death penalty.
Penalties? No death sentence yet, but they can ban unruly arm-wavers from public property for 30–60 days.
lol But Cory, the city has to be responsible and if they let you get by with it the law will not longer be effective since they will have to give a little more and a little more till they have a big problem.
What in the wide, wide, world of sports got into my second hometown? Is it the water? Why would the nuts sponsoring this open the city to lawsuits and potential damages for violating the First Amendment’s freedom of speech, freedom of expression?! Those are federal court charges, federal court costs, federal damage awards. That alone is motivation to stand on 6th and Main and raise cain.
They seem to permit finger signs.
Profanity?! Get real, Aberdeen. Grow the f*ck up. In Cowen v. CA, 403 U.S. 15 (1971) the Supreme held wearing a jacket emblazoned with, “F*ck the Army” was freedom of speech. Aberdeen, start your bottomless legal defense fund now.
Correction. Cohen jacket read, “F*ck the Draft”. Aberdeen, also consider, Elonis v. US: http://www.supremecourt.gov/opinions/14pdf/13-983_7l48.pdf where SCOTUS reversed 5 convictions of “threats” on First Amendment and other grounds. Save the legal fees, Aberdeen; just begin paying out damages.
When you are in the legislatures they will make new rules about yelling and arm waving, Mr. H.
John, I’m going to get a jacket and a button that reads, “This isn’t over.” “This” refers, of course, to democracy.
Grudz, the Legislature will have a hard time making rules targeting me specifically, since I will be backed by my new majority, the Anti-Ridiculousness Caucus.
Looks like Aberdeen has another six inches of the white stuff. Gettysburg got a foot.
You wretched mongrels.
Imagine the fun the children in those towns are having! Probably almost as fun as Eskimo kids have every day.