Better watch your mouth, or you'll get arrested

http://www.chron.com/disp/story.mpl/front/5942630.html

If all storms had a name, this one would start with the letter F.

As Tropical Storm Edouard closed in on the Texas Gulf Coast last week, a storm of a different kind was brewing inside the sporting goods section of a Wal-Mart store in La Marque. It started with the F-word.

And now a 28-year-old single mother must go to court if she wants to fight a ticket for using profanity.

On Aug. 4, as local residents prepared for deteriorating weather conditions, Kathryn "Kristi" Fridge made a last-minute stop at the Wal-Mart at FM 1764 and Interstate 45 with her mother and 2-year-old daughter.

Finding the batteries shelf bare, she expressed her displeasure and disbelief to her mother.

"I was like, 'Dang.' I looked at my mom and said, 'They're all ----ing gone," Fridge recalled.

Suddenly, Capt. Alfred Decker, the La Marque assistant fire marshal, appeared from around the corner, dressed in a fire department uniform.

"He said, 'You need to watch your mouth,' " Fridge said.

Perplexed by who the man was — his badge said "fire department" — Fridge offered a scant apology.

"I was like, 'Oh, OK. Sorry?' " she said.

Fridge walked away, but said the man ordered her to come back. She then protested, telling him she was having a private conversation with her mother that was none of his business. When the man ordered her to come to him and she refused, she said he pulled out his handcuffs.


Chief defends the action
La Marque Fire Chief Todd Zacherl said Fridge made such a scene in the Wal-Mart that night, disrupting the peace, that Decker had no choice but to act.

"She cussed him, she cussed everybody. By now, we have a huge group of people looking," Zacherl said.

Fridge emphatically denied that, saying while she did curse in casual conversation with her mother, she never cursed at Decker, even during their confrontation. Her mother agreed.

"She never got nasty with him, she never cussed at him," said Fridge's mother, Kathryn Rice of Santa Fe.

Decker ordered Fridge to come out to his car because that's where his citation book was stored, Zacherl said. Fridge eventually complied, but admits she used the offending word again when she turned to a crowd of onlookers while being led outside and yelled, "Can you believe this? He's ----ing arresting me for saying ----!"

"When I got outside, I saw he was a fire marshal — I saw his car. I said, 'You're not even a cop!' He said, 'I can do this,' " Fridge said.

Decker asked for her name, and Fridge said she began to spell it out verbally and in sign language, which angered him. As their confrontation continued, he handcuffed her.

Zacherl said the assistant fire marshal did so for his own safety because Fridge was being belligerent and because he had to turn his back to get his ticket book and check on the radio if she had any arrest warrants.

Ultimately, Fridge was released and ticketed for disorderly conduct, a Class C misdemeanor. She can pay a fine or appear in court to contest the citation.

State law says the use of abusive, indecent, profane or vulgar language in a public place, which causes an "immediate breach of the peace," meets the definition of disorderly conduct.

Because the municipal court case is pending, Decker cannot comment on the matter, Zacherl said.

Three days later, Fridge went to the La Marque Fire Department to speak with the fire chief and was given forms to make a complaint. She hasn't made an official complaint, but says she will contact a lawyer before deciding whether to pursue one.

"I'm not out to sue or get money — I just want them to drop this ticket," Fridge said Wednesday. "Yes, I probably shouldn't have cussed in public, but he took it way too far."

Zacherl said the assistant fire marshal had no choice.

"When you're in uniform, you have to uphold the laws," the fire chief said. "It's like if he was on the way home and saw a drunk driver — he had to act."


Public reaction
Decker is certified by the state of Texas as firefighter, peace officer, fire investigator and fire inspector. His fire department uniform also says "investigator," Zacherl said.

Zacherl said he has received about 15 phone calls from people reacting to the incident. Several accused the assistant fire marshal of abusing his power, but most calls have been positive, Zacherl said.

"The rest (of the phone calls) are, 'Thank you, thank you, thank you,' " Zacherl said.

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Seems like the fire marshal was picking a fight. And Zacherl is playing spin control. I'd contest that in a heart beat.

 

Well, he's got the bully part down. He'll be in blue in no time...

 

+1

 

These two quotes are priceless.

 

Tillman.......couldn't have said it better myself.

The guy should be fired.

 

When the founding fathers risked their lives to create a country free from tyranny, this was the kind of ****ing bull**** they fought against.

I wonder if the Committee of Five, sitting in a sweltering room in Philidephia, ever imagined that two centuries later their vision of the country would have been corrupted to this. If they could have known, I wonder if they would have even bothered.

 

So if you're in public with your young children you don't mind if
someone is swearing or saying other inappropriate things? I don't think
the Founding Fathers imagined the general public being so stupid.

 

Personally, I'm kind of tired hearing offensive language everywhere. It used to mean we were upset at something. Now, it's just a way of communicating. Ya kno wha I'm sayin'? That phrase has to be the most over-used one I can think of. I know the people that use it 10 times in a sentence understand how to speak English properly, but language has also become an anti-establishment statement. What a crock! If you communicated effectively, perhaps the message wouldn't be ignored?

CW

 

They didn't because the general public wasn't.

 

Next time she should kick him square in the balls then set his car on fire, THEN he can go to work.

 

No, but tell me you don't let some slip from time to time and that is what happened here.

I don't feel the original incident disturbed the peace, so the officer is the cause of the disorder because the lady apologized and retained the peace. The officer pushed and caused a person defending themselves to react accordingly which was the cause of the disturbance.

 

Quick seque...

Why is the F word so offensive ? Its not like its a personal slur against your race or creed ... Its just a word and only has the power and meaning you give it.

While at one time it was meant to be a derogatory expression, these days it is simply used as a form of emphasis.

I find the idea of it (or any 'bad words') being offensive ridiculous.

 

Never knew you could get arrested by a fire marshal!

 

It also made for a great South Park episode. As well as the "S" word.

 

I find it interesting that some people are more than happy to use the freedoms allowed in this country to earn wealth and pursue their dreams, but as soon as someone says something that they might take offense to the same framework of basic rights shouldn't apply to those people.

This is not the cliche of yelling fire in a theater. It was a crude and stupid comment made by someone. That he told her to watch her language is fine by me. In fact I have done the same to people before, your tone in reminding them of appropriate language usually determines how effective it is.

My thought is that the real reason this clown arrested her is because she dismissed him without the pleading apology he needed to boost his own ego. The big man didn't get want he wanted, and had to show this girl who was boss.

 

That ****ing sucks

 

It appears to me that he created and escalated the 'breach of peace' while abusing his color of authority.

While I agree that profanity is rampant in todays society, it is still a 1st amendment right. Where's the ACLU?

 

What ******. I hope he gets fired.

Can't she use this as precedent to have the ticket thrown out? http://en.wikipedia.org/wiki/Cohen_v._California

 

That egomaniac ****** should not be allowed to carry a fire bucket, or feed the Dalmations, let alone have police powers.

 

What does that mean?

 

Do you honestly mean that? Fired for citing a person who broke the law? Not saying I agree with the citation, but fired?

 

In most states they have the same arrest powers as police officers. Here in MD, the fire marshalls go thru the entire 26 week police academy and have powers of arrest....

 

I think you nailed it.... I have told people in public places whether in uniform or not to watch their mouths, especially if children are near the area, BUT, I would never of taken it to this extreme. Worse case, I would of escorted her out of the store and told the manager of the incident....

 

I've never heard of them having the authority to issue citations for what would normally be 'law enforcement/ cops' type of offenses. Kinda like a cop trying to issue a business a fire hazard ticket.