samedi 18 juillet 2015

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Court Says Yelling At Parking Enforcement Protected

  • samedi 18 juillet 2015
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  • By Cornelius Nunev


    Parking tickets are an actual pain in the rear and some parking enforcement authorities, though just doing a job, are rather stingy. Ordinarily, showing them a sign of one's displeasure is frowned upon, but a recent Michigan court ruling holds that screaming at parking enforcement is free speech.

    Rule about yelling not allowed

    Most people recognize the fact that it is rude to yell at parking enforcement officers who are doing a job. According to AutoBlog, Michigan State University took it a step further by making it against the law to yell at parking administration employees doing their job. It is really a crime to disrupt any university employee trying to carry out campus business.

    There was one male, Jared Rapp, who came out and found an officer putting a ticket on his car in 2008. When he yelled at the officer, he was arrested and convicted of interfering with an employee. Rapp easily appealed, and this led to the Michigan Supreme Court ruling that it is not legal to enforce a law like that since Rapp was guarded by free speech laws, according to the Detroit News.

    Get guarded with the constitution

    There are numerous court cases that hold some aspects of motoring and car-related life that can be considered annoying but are constitutionally-protected speech. It depends on the circumstances, though.

    Honking the horn, for instance, was ruled to be constitutionally protected by the Washington State Supreme Court in 2011. According to the Seattle Times, a horn-honking ordinance was found to have violated the right to free speech of Helen Immelt, who was ticketed for honking her horn at a neighbor who ratted on her to the neighborhood homeowner's association for having chickens in the yard of her own home, which led to her being arrested in 2006. However, the state's highest court tossed her conviction, holding the law violates free speech.

    However, that same year, according to CBS Milwaukee, a male who honked his horn driving by the home of Wisconsin governor Scott Walker during his morning drive to work out of protest was fined by a state trooper. Azael Brodhead, though, was found to be engaging in non-protected behavior and in September 2011, was ordered to pay his fines.

    Flashing lights to stay away from the flashing lights

    Some drivers flash lights to warn other drivers of cops up ahead. A Florida judge ruled earlier this year that doing so is free speech, according to AutoBlog, and law enforcement cannot ticket motorists for doing this. However, it has yet to be ruled on or tried in other states, so some motorists who engage in said activity could be targeted by law enforcement. As with any court case involving free speech, usually one has to go through many years of litigation before a ruling may or may not exonerate them.




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