MARIETTA, Ga. - A Marietta woman says that she's filing a federal lawsuit against police after she was arrested for allegedly using profanity at officers. The woman says her First Amendment rights were violated by the arrest.
Amy Barnes, a member of the Occupy movement, says she flipped off police and cussed at them as she was on her bike on Austell Road near her Marietta home. Two Cobb Police officers had teenagers stopped outside a store as Barnes showed her displeasure from the moving bike.
Police followed and arrested her couple of blocks away.
"They told me I shouldn't be presenting a lewd gesture in front of children," said Barnes.
Police charged Barnes with disorderly conduct. She says she spent 23 hours in jail -- six in solitary confinement. The misdemeanor is still making its' way through the courts, but Barnes' attorney, Cynthia Counts, says police violated Barnes' constitutional rights.
"It's infringing speech; the government cannot just chase down a citizen and arrest them when they speak their mind," said Counts.
Atlanta News, Weather, Traffic, and Sports | FOX 5Cobb County Police had no comment on the pending lawsuit, but the spokesman did say that Barnes would not have been arrested had it been only the two police officers that heard and saw her vulgarities, adding that she was arrested because other people did too.
Barnes said case is an issue of Constitutional rights.
"I have a duty to ensure that, not just my rights, but everybody else's rights are honored under the First Amendment," said Barnes.
Counts says that she expects the courts to drop the disorderly conduct charge against Barnes which she says will pave the way further for the federal lawsuit.
Follow us on Twitter!
There are people that stand up for what is RIGHT, and there are those that critique anyone that speaks out and questions our governments waste, from behind closed doors, hiding behind aliases and anonymous tags.
The internet has allowed this type of bullying.
There is a clear reason, that when I address my government, I stand before the mayor and look them in the eyes(which they themselves can't do)!
I also use my real name (including mk), when on the internet.
Smyrna city officials, as they spend and waste taxpayers money, are laughing all the way to the bank!
20 MILLION on a median on Concord Road!! Give me a break! This money is a SLUSH fund! This would NOT be happening if the citizens would band together and quit ALLOWING it!!!
It is sad that there are people that stand for nothing, but get their kicks from anonymous bullying.
Can we deport her to Portland?
What can we do about this?
Hmmm. . . I think a nice tazing would make some people reconsider before talking their way into $16,000 of taxpayer money.
Guess this kind of self righteous arrogance is what they're teaching you inside those churches on Sunday morning?
You know, some might say that it might be a little crazy to believe everything that's being preached,... as they're passing the 'plate' around asking you to empty your pockets!
Amy is standing up for her rights, which she certainly has every right to do.
And, unfortunately , simple people sit at home and type awful things about brave people, while hiding behind aliases! I have much more respect for Amy than them!
Mary, aren't these "simple people" simply exercising their First Amendment rights as you assert that Amy did? Why is free speech only applicable to Amy and not other people?
Amy is not without blame for what happened to her...she, according to the judge that issued the warrant, probably committed a crime. Don't forget, a judge issued a warrant for her arrest.
Freedom of speech does NOT mean you can do or say anything, anywhere, at any time.
What a sweet, Easter morning for Amy. Going out to get butter (there's a shocker) and she's feeling so spiritual, she raises her middle finger, high to the sky. Only it's not to praise God for His son rising from the dead, it's directed to 2 police officers who start their day, pledging to serve and protect. Even the likes of Amy Barnes. Heaven help us all.
All you self righteous people, wise up!
I stand w/ Amy , no matter what group shes in! The 1st amendment is there to protect ALL Americans.
She was held in jail 23 hours! We are on the verge of seeing people picked up off the street, NEVER to be seen again. Don't think that can happen in our country?? Study history, folks!
We have a government out of control!!
FYI,.. I wasn't arrested for saying one 'naughty' word as I was walking OUT of a townhall meeting,.. I was grabbed from behind, arrested & taken to jail to show me just whose BOSS 'round Smyrna! The 30 years in office, Smyrna Mayor Max Bacon threw his weight around because I DARE demand accountability on where all our TAX dollars are WASTED in Smyrna!
Smyrna citizens seem to not concern themselves with government waste and abuse,.. so the 20 million dollar medians will continue to be built around empty vacant shopping centers!
O.C.G.A. 16-11-39 (2010)
16-11-39. Disorderly conduct
4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace
and for those talking about the stupid women in Smyrna and who think they can just do or act anything they want to in public.
O.C.G.A. 16-11-34 (2010)
16-11-34. Preventing or disrupting lawful meetings, gatherings, or processions
(a) A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor.
Both of these laws have been upheld in the courts for constitutionality.
As my old Drill Sgt said, if you're going to be stupid, you gota be strong. And not by smell.
Just saying
It is amazing to me that so many people have no idea the great job these officers do keeping Cobb safe and relatively peaceful. Take a look at parts of Atlanta where police refuse to answer 911 calls. That's because criminals are relentlessly seeking havens to continue their criminal behavior. CCPD protects Cobb from.becoming a haven for criminals. You might want to say thank you.
16-11-39. Disorderly conduct
4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
The Supreme Court had already ruled that by flipping the bird and uttering those words do not in fact "threaten an immediate breach of the peace", and is protected under the First Amendment. State law will never trump the Constitution.
What are we taxpayers going to do now that people know they can get a fat paycheck just for running their crazy mouths?
Demand that your law enforcement officers learn and follow the laws concerning free speech...and stop throwing people in jail becasue they said something that isn't nice.
So, any low-life should be able to curse the mayor and police, but anybody else is threatened with "libel" by some anonymous person for their commentary?
GOSH i wonder who that anonymous person could be..
Did you blow your windfall wad of taxpayer money yet, anonymous? If not, put it into a moving truck and get on over to Decatur where you want to be!!!
Second, this woman is not a nice person. BUT, this cop thuggery has got to stop in Cobb county.
We either need cops that are 1) smart enough to know the law; 2) mentally balanced enough that they don't act like nazi bullies whenever someone says something they don't like, or 3) have the deep pockets to actually personally pay for their illegal behavior.
If the cops actually started having to pay for their bad and illegal behavior...they might decide the are ready to start acting like a law abiding part of our community and not thugs.
Cobb county is better than this. Citizens should demand more from Cobb Police and Sheriff.
BTW, Cobb police were apparently talking to WSB TV yesterday and they said that it is "not uncommon" for them to arrest people (under the guise of "disorderly conduct")who say curse words in public. This is alarming as heck. Not at all different from our totalitarian commie friends in China, Russia, Cuba or Venezuela, folks.
My guess: you love free speech...as long as you agree with it. How very Mao of you!
Amy Barnes is one of the Rich Pellegrino/Kevin Foley-type usual suspects on the whacky far left who also opposes immigration law, borders and all people who most of us regard as normal patriotic Americans.
Here's hoping this nutball gets hers in court.
Get a grip my man and stop making excuses. The cops must be held as accountable as they wanted to hold this jackass OWS scum. Unfortunately for us taxpayers...the cops are wrong...the scum OWS woman is not.