Arrested for asking for quiet in cinema

The Daily Telegraph (UK) ^ | February 11, 2006 | NICK PAPPS

[Wormwood]

I'd like to thank the "victim" for helping reinforce the international stereotype that America is filled with fat, rude, ignorant thugs.

[F16Fighter]

"How many "ordinary Texans" would actually be watching Bareback Mountain in a theater?"

There are apparently plenty of various mutants, Andy Warhol-types, and curious potential tri-sexuals -- even in Texas.

[JCEccles]

In most civilized places, a mere tap on the arm to get one's attention does not rise to the level of actionable assault--civil or criminal.

The cell phone animal, on the other hand, should be charged with creating a public disturbance.

On the other hand, given where these two were at the time, they fully deserve each other. Charge 'em both.

[Fruitbat]

She said she had been told a conviction would not affect her chances of re-entering the US. Police said it was a "little matter" and they would not be notifying US immigration authorities about any conviction.

Gee, that's certainly mighty white of them.

[JCEccles]

The operative word under the statute is "reasonably." In most cases it isn't reasonable to conclude that a mere tap on the arm would be perceived as offensive. The prosecutor has to prove all elements beyond a reasonable doubt. Ties go to the defendant. Result: acquittal, followed by a suit for malicious prosecution.

[Koblenz]

In the words of my late mother-in-law, "Those people make my ass tired!"

Probably not a line you want to be saying in conjunction with Brokeback Mountain...

[Echo Talon]

Actually, that's called battery.

no battery is the damage from an assault.

[1rudeboy]

No. Battery is "harmful or offensive contact." No damage or injury required.

[Echo Talon]

here I think your right, I believe I was charged with assault though for touching that guy on the shoulder not battery.

[Echo Talon]

An assault is any unlawful attempt or offer with force or violence to do bodily harm to another, whether from ill will or extreme carelessness; for example, by striking at or holding up the fist at a person in a threatening or insulting manner, or with other circumstances that evidence an intention, coupled with a present ability, of actual violence against the person, such as by pointing a weapon at him when he is within reach of it. When the injury is actually inflicted, it amounts to a battery.

Thats why I was charged with assault and not battery because he wasn't battered or injured? eh no idea, that was like 12 years ago.

[Joe 6-pack]

"Maybe Texas will be known in the next decade as the "gay state"?"

"...please please please for the love of god don't say that."

You know, they're already making cowboy loafers...

[Balding_Eagle]

Getting someone's attention by lightly touching them is not the same as poking someone in the chest or grabbing their arm.

My point is that by touching her a second time she opened herself up to the possibility of arrest, as stupid as it was.

That said, I hope the cell phone woman gets her a$$ handed to her. In small pieces. Somehow I suspect there is a lot to be handed!

[Doctor Don]

I'm a doc and I don't go to the theater if I am on call. Also I have in my office signs telling patients to turn off their phones.......I'm tired of being interrupted by trivial calls. If they don't I cancel their appointment.

[muleskinner]

Webster? Where is Webster? They're big enough to have a movie theater?BTAIM, the offended haystack has no case. Just another angry fatso.

[CodeToad]

"Don't mess with Texas"

Well, I'm no Texan, but I do know a REAL Texan has the courtesy not to talk on a cell phone in a movie theater. See, Texans are a polite bunch, not a bunch of rude broads.

[CodeToad]

"There are apparently plenty of various mutants, Andy Warhol-types, and curious potential tri-sexuals -- even in Texas."


And they all seemed to have come from the NE.

[Natural Law]

She should have taken her cell phone away from her, put in a sock and then beat her with it. If you have to go before the judge you ought to get your money's worth.

[bert]

Too bad she didn't have tourette's syndrome then she would be off the hook, at least on Free Republic.

[warsaw44]

Well Daniel, I don't think it would work as in no time at all you'd be sued. a private movie house / club which requires membership? Think of all the undesirables in the public movie houses these days. The very people who make going to the movies so awful. One of them would sue and in this day and age I think they'd win.
If you could pull it off it would be wonderful. Going to the movies would be enjoyable again.