Kansas Man get $5k for flipping off officer

[wisco]

FOXNews.com - Kan. man who flipped off cop gets $5,000 from city

"An Overland Park man who flashed an obscene gesture at an Olathe police officer after getting a ticket is getting rewarded for his behavior.

The city of Olathe has settled a civil rights complaint filed by Scott Schaper of Overland Park. He was ticketed in September for disorderly conduct for flipping off an officer who had given him a ticket for running a stop sign.

The city of Olathe last week agreed that its insurance company
would pay Schaper $4,000, with another $1,000 for the American Civil Liberties Union of Kansas and Western Missouri. Olathe police also must train its officers that they are required to take such verbal abuse.

The Kansas City Star reports that Doug Bonney, legal director for the ACLU chapter, says Schaper reacted angrily because the traffic stop made his children cry."



Damn... if $5k is the payout for flipping off a cop you guys can write me a disorderly ticket for it any time

/sarcasm

[PathosLogos]

The Kansas City Star reports that Doug Bonney, legal director for the ACLU chapter, says Schaper reacted angrily because the traffic stop made his children cry."

And so the proper reaction was to flash an obscene gesture at the officer in front of his own children whom he supposedly cared so much about?

[retdetsgt]

Citing him for it was stupid, but that seems like a lot of money just for getting a citation. If he'd been arrested and booked, I could understand it better.

[cntryboy0531]

Just give it back to him. Have family members flip him off.

[pafindr]

So if you flip off a LEO you get $5K how much can you get if you flip off the President?

[cmac]

He is an idiot for doing doing it in front of his kids, but the officer should have known better. They were both probably having bad days.

[greg72982]

Same thing happened here in PA. Courts here ruled that obscene words/gestures are those having to do with sexual acts.

For example, telling someone to "Go f--- yourself" is simply freedom of speech because you aren't literally telling them to...well I'm sure yo can figure it out. On the flipside if some random guy goes to some random woman and says I want to f--- you," and she is offended you may have a case under DC (maybe not the best example).

The same goes with the middle finger, it is not sexual in nature, according to the courts here.

[cmac]

Same thing happened here in PA. Courts here ruled that obscene words/gestures are those having to do with sexual acts.

For example, telling someone to "Go f--- yourself" is simply freedom of speech because you aren't literally telling them to...well I'm sure yo can figure it out. On the flipside if some random guy goes to some random woman and says I want to f--- you," and she is offended you may have a case under DC (maybe not the best example).

The same goes with the middle finger, it is not sexual in nature, according to the courts here.

Thats pretty interesting. I can't picture anyone yelling I want to **** you at a cop. Go **** yourself has to be one of the more common things officers hear from unruly people though.

[greg72982]

Thats pretty interesting. I can't picture anyone yelling I want to **** you at a cop. Go **** yourself has to be one of the more common things officers hear from unruly people though.

Actually as cops you can't be a victim either way...this only applies to other people...

You can call cops anything you want, unless it is in a public place and someone in the area may have been offended, but it still must be sexual in nature. That's basically how I understand it anyway.

[cmac]

Actually as cops you can't be a victim either way...this only applies to other people...

You can call cops anything you want, unless it is in a public place and someone in the area may have been offended, but it still must be sexual in nature. That's basically how I understand it anyway.

Thanks for the info. As a college student in a very liberal town I hear almost everything possible shouted in the direction of police officers but there has always been a gray area about whether or not you could get in trouble for it.

[ChevySSP]

In Texas its the same way. As Public Servants we are required to take the abuse.


However, if an "innocent" bystander just happens to get offended by said gesture, well then....

[retdetsgt]

Thanks for the info. As a college student in a very liberal town I hear almost everything possible shouted in the direction of police officers but there has always been a gray area about whether or not you could get in trouble for it.

None of that precludes us having the ability to make your life a little miserable for a while in totally legal ways.

[Joeyd6]

In NYC flipping the bird is considered disorderly conduct under the subsection "In a public place, he uses abusive or obscene language, or makes an obscene gesture." I wrote that summons three times during my tenure with the NYPD. Once to guy who flipped off the precinct commander who asked him to dispose of the beer/open conatiner he was walking by the school with. Pled guilty. Once to a guy who thought after I gave him a summons for running a red light he would get out of his car on Broadway and "double bird" me before he left. Pled not guilty and found guilty at court. And a thrid who felt he was a tough guy as we drove by who decided to unleash his mouth with crap about how he runs the block and "f" the MF'ing piges, etc.... along with the bird. He had to be taught he may be living on the street, but I own it when I am working and I don't tolerate such on my streets. Pled not guilty and showed up with a lawyer. Judge found him guilty and before imposing sentence, the perp decided to flip the judge off after he ruled he was found guilty. Judge gave him five days!!!! Even the NYS Court Security Officers were shocked.

[kels]

You got to love it. Saying F*** you pig is protected first amendment speech.
However, yelling it is a violation of the noise ordinance and isnt an issue.

You have to articulate the violation and cite it the right way.

[greg72982]

None of that precludes us having the ability to make your life a little miserable for a while in totally legal ways.

Yep we have our little tricks too...