Nutz to You

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Ah, Nutz! Not Again
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Today is D-Day. Today is the day that a 67 year old woman who displayed plastic, red bulls testicles from the bumper of her truck goes on trial for an alleged obscenity violation.

Police Chief Franco Fudo of the Bonneau, SC police dept. played Mr. Morality and found an antiquated traffic law to cite Virginia Tice with, handing her a summons with a bond amount of $445.00. All because she was exercising her rights under the 1st Amendment. No, Truck Nutz or Bulls Balls, are not illegal anywhere in the continental US.
The legislation in SC is written as:

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."

Most police departments in the area have indicated it's a waste of time. Police have better things to do. Also, no one has been prosecuted with this offense since the late 90's when the ACLU stepped in and managed to get the charge dismissed. The law has just never been repealed.

Chief Fuda apparently has too much time on his hands that he must be memorizing the V & T code book.

A rather prestigious law firm in Charleston, SC got wind of Ms. Tice's predicament and offered to represent her pro bono. Ms. Tice's attorney was about to ask for a jury trial, when it was discovered that Police Chief Fuda had already done so, thereby circumventing the defendant's right to choose a jury trial or bench trial.

Today at 10:00 a.m., jury selection begins. The news media, as well as the ACLU, are watching this case closely.
If there isn't another postponement, I'm betting it will be taken care of before jury selection begins. There's too many things wrong with this case to waste the taxpayer's time.

Today's news reports that this trial was postponed yet again because, "not enough potential jurors showed up. What the hell does that mean? You get a subpoena, you go to court.  Chief Fuda seems confident that this will proceed to trial as he is emphatic he will not drop the charges. Right now, he's become the 'judge' of the so-called obscenity statute and is standing in the shoes of the 'prosecutor.' It seems to me that the use of a 'jury' is a minor formality that he's trying to manipulate to his advantage.

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Remember my previous posts of:

Morality Police
Morality Police Update
Ah Nutz! Not Again!

It's all about the Truck Nutz or Bull's Ballz, that are a point of controversy in a small town called Bonneau, SC. Yes, Police Chief Franco Fudo actually wrote some poor old lady a ticket for having them on her pick up truck. He found them offensive.  It must have slipped Fuda's mind that the 1st amendment gives you the right the hang your plastic balls wherever you want. In fact, there is no state in the U.S that outlaws them.

A prestigious law firm in Charleston SC is representing 65 year old Virginia Tice pro bono. The jury trial is set for Sept. 21.

I was wondering how long it would take for some late night talk show host to pick up on the story.  It is, after all, an archaic and never used law that certainly characterizes the backwoods actions of the Police Chief and his propensity to violate people's civil rights. He is, from all accounts, an arrogant, small town politico who married the Mayor's daughter and is related to every other town official in some way, shape or form. Chief Fuda really shouldn't preach morality when he was arrested himself for non payment of child support....to the tune of $15,000.00.  Local county government officials went out of their way to get someone to pay his back support and court costs before he was processed in to booking.  Which evidently shows he was given preferential treatment over every other scumbag deadbeat Dad.  Unfortunately, in SC, not paying your child support doesn't fall under the moral turpitude clause.

Morality Police

Bonneau, SC

Nestled in the middle of Berkeley County, SC is a small little village of less than 700 residents that has a police department of 3, including Police Chief Franco Fuda.

Police Chief Fuda must have been bored or maybe there's just not a whole lot of excitement in his little town.  A woman is driving a pick up truck that has a set of big, red, fake bull testicles hanging from the rear.  Yep, Bulls Balls & Big Boy Nuts are popular decorations, especially for the pick up crowd set.  I see them virtually every day.  Big deal.  In my mind, not illegal anymore than the decal of Calvin urinating.  In fact, back in the 90's tickets were actually being written for that decal.  The ACLU eventually stepped in and "obscenity tickets" for that traffic violation were summarily dismissed.  I can't say I ever bought in to that.  I felt like I had better things to do with my time.

Besides, the law, with its "contemporary community standards" seemed contrived. At least that was my opinion.  Like I said, I had better things to do.

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."

Evidently, this arcane law is still on the books.  Who knew?

Chief Fuda approached the female driver of this pick up truck at a gas station as he perhaps found that these big, RED balls were an offensive offense.  Story goes that he gave her the opportunity to remove them, but she refused.  She disagreed with his obscenity assessment and was standing her ground on her 1st amendment right.  He, on the other hand, didn't see it as a free speech issue, but instead he had appointed himself the morality police.

Chief Fuda decided the big RED balls warranted a $445.00 uniform traffic ticket.  The Chief indicated that he was going to let the judge decide this case.
Before he goes to court though, he may want to get his eyes examined.  He told a newspaper reporter that this 8" inch RED decoration was "realistic looking."

I have to say that if I'm given the opportunity to remove something or get a $445. ticket, chances are, I'm going to remove it and bitch about it later. But hey, some people want to be a martyr for the cause. The driver of the pick up plans on asking for a jury trial. Which, last I heard Chief Fuda, is still her constitutional right.

A local reporter contacted 3 other police departments and asked them how they felt about this obscenity bumper sticker law.  You can read their replies in this article.
The real police don't have the time or inclination to be the morality police.