Bonneau, SC (Berkeley County)
The Morality Police episode involving truck NUTZ has made its international debut in to the satirical publication called, The Onion. The Onion, which bills itself as "America's Finest News Source," is indeed news reporting delivered on a silver platter with all its satire and ridicule polished to a fine art. In a format similar to a reporter on the street, 3 people give their views on the TRUCK NUTZ debacle. Were it not for The Onion, Stephen Colbert and John Stewart, who would we get our real news from?
Surprisingly, SC native Stephen Colbert hasn't carried this story on the Colbert Report...yet. Stay tuned, though.
On a recap - 65 year old Virginia Tice, displayed this piece of plastic red artwork from the bumper of her pick up truck. When Police Chief Franco Fuda asked her to remove them because he thought them obscene, she refused, disagreeing with his assessment. He then wrote her a $445.00 Uniform Traffic Ticket charging her with an obscure vehicle and traffic law that reads as follows;
SC Code of Laws 56-5-3885 - "A sticker, decal, emblem, or device is indecent when taken as a whole, it describes, in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body."
As recent as 2006, a couple was charged with the same offense somewhere in the upstate of SC and the ACLU stepped in. That led to the dismissal of the case. No one can seem to find any use of the law since then. In fact, this particular piece of legislation probably should have long ago been repealed and removed from the books altogether. But who knows what some bible thumpers of the south were thinking. I'm sure one of them wrote this law back in the early 90's because the Calvin peeing decal assaulted his high and mighty religious sensibilities.
A somewhat resourceful newspaper reporter took it upon himself to make a few phone calls to some of the larger area police departments to obtain their viewpoint on this matter. Their comments ranged from; "officer discretion," "can't recall it ever being used in our department," and to the "we can't be bothered with that."
As far as anyone can tell, Chief Fuda's attitude appears as though there is nothing remarkable about this case and he seems assured he will be the victor in his defense of decency, morality, and the fight to eradicate obscenity. Superman he ain't.
Ms. Tice drew the attention of one of the most respected law firms in the Charleston, SC area. Savage & Savage came to her rescue and is representing her pro bono. Word was already out that she had planned on pleading not guilty and asking for a jury trial. On the day that Ms. Tice was to appear in court, her attorney had made contact with Bonneau PD only to learn that Police Chief Franco Fuda had already asked for a jury trial. This surprised the attorney as it is virtually "unheard of." Chief Fuda's response was that he thought that this was no matter for just a judge to decide.
So far no one has been able to locate any case law that allows for or doesn't allow for the prosecution to back door the defendant's rights. Her trial date is set for Sept. 21.
Most local cops try to keep their mouths shut, especially during controversial issues such as this. I haven't found a cop yet who hasn't smirked and rolled their eyes when this subject is broached. Here's a recent discovery making the rounds. Sometimes a picture just says it all.....
The license plate you see on this blue pick up is a "LE plate" which is issued by the DMV to certified SC law enforcement officers who request them. It allows law enforcement personnel a specialized plate on their POV at a discounted rate.
I wonder why he didn't go with the blue ones?
The Morality Police episode involving truck NUTZ has made its international debut in to the satirical publication called, The Onion. The Onion, which bills itself as "America's Finest News Source," is indeed news reporting delivered on a silver platter with all its satire and ridicule polished to a fine art. In a format similar to a reporter on the street, 3 people give their views on the TRUCK NUTZ debacle. Were it not for The Onion, Stephen Colbert and John Stewart, who would we get our real news from?
Surprisingly, SC native Stephen Colbert hasn't carried this story on the Colbert Report...yet. Stay tuned, though.
SC Code of Laws 56-5-3885 - "A sticker, decal, emblem, or device is indecent when taken as a whole, it describes, in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body."
As recent as 2006, a couple was charged with the same offense somewhere in the upstate of SC and the ACLU stepped in. That led to the dismissal of the case. No one can seem to find any use of the law since then. In fact, this particular piece of legislation probably should have long ago been repealed and removed from the books altogether. But who knows what some bible thumpers of the south were thinking. I'm sure one of them wrote this law back in the early 90's because the Calvin peeing decal assaulted his high and mighty religious sensibilities.
A somewhat resourceful newspaper reporter took it upon himself to make a few phone calls to some of the larger area police departments to obtain their viewpoint on this matter. Their comments ranged from; "officer discretion," "can't recall it ever being used in our department," and to the "we can't be bothered with that."
As far as anyone can tell, Chief Fuda's attitude appears as though there is nothing remarkable about this case and he seems assured he will be the victor in his defense of decency, morality, and the fight to eradicate obscenity. Superman he ain't.
Ms. Tice drew the attention of one of the most respected law firms in the Charleston, SC area. Savage & Savage came to her rescue and is representing her pro bono. Word was already out that she had planned on pleading not guilty and asking for a jury trial. On the day that Ms. Tice was to appear in court, her attorney had made contact with Bonneau PD only to learn that Police Chief Franco Fuda had already asked for a jury trial. This surprised the attorney as it is virtually "unheard of." Chief Fuda's response was that he thought that this was no matter for just a judge to decide.
So far no one has been able to locate any case law that allows for or doesn't allow for the prosecution to back door the defendant's rights. Her trial date is set for Sept. 21.
Most local cops try to keep their mouths shut, especially during controversial issues such as this. I haven't found a cop yet who hasn't smirked and rolled their eyes when this subject is broached. Here's a recent discovery making the rounds. Sometimes a picture just says it all.....
The license plate you see on this blue pick up is a "LE plate" which is issued by the DMV to certified SC law enforcement officers who request them. It allows law enforcement personnel a specialized plate on their POV at a discounted rate.
I wonder why he didn't go with the blue ones?
