The Police News
August 13, 2008

COMMENTARY

So, what if you were in your local Wal-Mart store, browsing around when from nearby, or the next aisle over, you heard some foul-mouthed woman spewing expletives?  What if you had your minor children with you, or your 80-year old mother, or your wife?

I, for one, would go around to the next aisle just to see what sort of trashy mouthed person was bellowing loud enough to be heard the next aisle over.  From that point on, circumstances would dictate my next action.

But in the case of Assistant La Marque Fire Marshal Alfred Decker, who found himself in this exact circumstance, the decision was simple.  Decker is a 'police officer.'  He is a sworn, certified Texas peace officer, complete with the power of arrest and authority to write tickets.  Just because his primary assigned duty is investigating fires and fire code violations, does not minimize his authority as a police officer.

So, when Decker heard a dirty-mouthed woman uttering the F-word within earshot, he discovered it coming from a 28-year old woman, with a 2-year old baby slung up up on her hip like a bag of potatoes, upset because batteries she needed were not on the store shelf.

I don't know about now, but years ago there were laws against public obscenity and I know of police officers who have actually put people in jail for the very thing that woman in Wal-Mart said.  Public obscenity means using foul, repulsive, or detestable words in public.  I don't think anyone would argue that the F-word is considered to be foul, repulsive or detestable, and there is also no doubt that inside a Wal-Mart store is in the public.

But rather than gather the woman up, call the CPS to come get her baby, and throw her and her dirty mouth in the slammer, officer Decker did what he felt he was compelled to do without taking those extreme measures.  He wrote her a ticket for 'Disorderly Conduct.' 
Disorderly conduct statutes give police officers and other authorities fairly broad discretion to arrest people whose activities they find undesirable for a wide variety of reasons, such as being loud and obnoxious, or using foul, obscene or profain language in a public place and a whole slew of other reasons. Potential punishments include a jail term, fine, probation, restraining orders,community service.

The woman in Wal-Mart fit that description and Decker slapped her with a ticket, and we say he did the right thing.

But as in so many cases, when these types are caught, when they find they can't just run around anywhere they want to, talking trash talk, being dirty mouths,  spewing filth in public around decent men, women and children, they seek ways to take revenge on the officer who called their hand.  Often they will call the officer's supervisor, or the internal affairs investigator, or the police chief.  And often they will call a local newspaper or TV station in an effort to make a public issue of the incident and bring pressure on the officer.  And again, that's what happened in this case.  The woman called the local newspaper and the incident made page one.

The newspaper's lawyer is now demanding a copy of the citation issued by Decker.  For what?  It's a ticket.  Just like a speeding ticket only it says Disorderly Conduct.  Of course the Muncipal Court in La Marque doesn't want to give it up, so now the fight is on between the court and the newspaper, and the big story of the day is over a police officer who did the proper and decent thing and put a cork in the mouth of a woman whose normal and usual vocabulary is laced with filth, even in front of her 2-year old child.

Guess what we can expect from that child in a few years.

Breck Porter, Editor

Dear Editor, Last time I checked you cannot breach the peace to a police officer without a third party complainant filing the charges or swearing to a signed complaint. The woman should watch her mouth in public but unless someone else other than the police officer heard her profanity I don't see a conviction here.

Wrong: Where do you get that kind of information?  If that were true, the police would hardly ever make an arrest because many of the arrest made are when the officer is the only one to see the offense occur.  In addition, when an officer sees, or in this case hears, an offense occur and fails to act, he/she may be disciplined for dereliction of duty.  Editor

The Police officer alone cannot be offended. The foul language has to offend another party. I am sure that Officer Decker gave the woman the oppotunity to quiet down and her behavior dictated the outcome. As usual the second guessers who have never wore a badge or stood up to anyone doing wrong know how to do it better. I commend Officer Decker for caring enough to take action. I am sure the the whole incident could have easily been resolved with a simple "sorry". I realize people were nervous and upset with the prospect of an approaching storm. It is not unbelievable that nerves fray and expletives pop out. It is the duty of uniformed officers to maintain order. What if an offended third party solved the problem by using force. The second guessers and arm chair quarterbacks never think about how many shootings, stabbings and beatings result from verbal outburst. Allow the Municpal Court to judge this case. The officer did his duty. Release the ticket there is nothing to hide.

What I want to know is why in the world is this so called fireman wondering around this town strapped with guns. Lo and behold that the usual news you hear about a fireman is that he put out a fire and saved some lives or something to this effect.This guy uses his athority like he is the chief of police. how ironic as it seems is that a friend of mine went to La Marque city court over a dispute with trash being dumped on his property and Barney Fife there was the Bailiff acting as if he was leading defendants by the arm into congress. That guy definitely has some issues.

He is not a 'so-called fireman.'  He does not fight fires.  He is a fire detective.  He finds the bad guy that burns your house down and kills you in it. Editor

What's Wrong With The F-Word Anyway? COMMENTARY Dear Editor I would agree that the language she used is totally inappropriate. However, if his primary job is a Fire Marshall, it was improper to act in this manner. There were other ways of handling this situation, especially with the impending tropical storm. If he wants to be a Police Officer maybe he should find a job with the police department, not the fire department. What department is carrying his commission anyway? Just because you are TECLOSE certified does not mean you are an active Peace Officer. As a side note, maybe we could get Bayou Vistas speeding problem taken care of since he is a Certified Texas Peace Officer and he works for LaMarque. The speeding seems to be much more of a safety issue than some foul mouthed woman in Wal-Mart. Thanks! M. Fagan League City 

He is an active peace officer.  He is an Arson Investigator.  There are all kinds of cops.  They don't all ride around in cars that say POLICE on the side. Editor

Breck, I certainly agree with you. No one not of the same mind set is goiong to be insulted and angered. It is justice that the officer was nearby. Ch 11 news said something about a person committs no ofence if cursiing a police office. Ch 11 will say just about anything to make a "story". Ch 11 quoted the Supreme Court of the United States... funny with all my years as peace officer I was not aware of such a stupid thing. Anyhow, I agree with your positition. Cecil Wingo,ScDr, Forensic Analyist , Angleton, Texas

Thank you Dr.  Knowing you, I always value your opinion. Editor

I commend the officer for ticketing the foul-mouthed woman in Wal-Mart. Obscenity laws are not enforced in this country, generally, for fear of lawsuits or reprisals. What has to be understood by foul-mouthed people is that they truly are offensive. Just because these perverts are personally accustomed to verbal and mental filth, many twisted, foul-mouthed people believe that others' standards should lower to their level. I believe that many violent incidents are preceded by outrage against offensive, obscene language. When law enforcement officers enforce obscenity laws, they prevent ordinary citizens from having to take matters into their own hands. My hope is that many more people will be ticketed for using the F-word, especially people who blast the word around town with their car stereos. And "P.S." not all bad words can be explained away as a cultural expression. There seems to be a contest out there to see who can come up with the most offensive sexual suggestion.

And notice how many readers side with her and take offense with the officer. (Editor)

Thanks Officer Decker.Whats wrong with the F word in public.Well I for one don't appreciate hearing it or having to explain to my grandchildren why that person said a bad word.She made her mentally known going to the news ,like she did nothing wrong.When we were little we got our mouth washed out with soap.By the time we had grown up we knew better.It's out of respect that you don't curse in front of other people.S. Harvey Santa fe