Posted on 02/11/2006 9:05:58 PM PST by FreedomCalls
AN Australian tourist has been charged with assault after telling a Texas woman to stop talking on her mobile phone at the movies.
Pauline Clayton was enjoying a matinee screening of Brokeback Mountain in a Texas cinema when her day suddenly turned ugly.
The former Sunshine Coast councillor said about halfway through the movie, a mobile phone started ringing nearby, a woman answered it and started talking.
"I put one finger up to my mouth to shoosh her," Ms Clayton said.
"She ignored me - I then leaned across and touched her with three or four fingers on the top of her arm."
When the "very large" woman failed to end her call, Ms Clayton again touched her on the shoulder and that was when the woman exploded.
Ms Clayton said the woman stood up over her, started shouting expletives at her and then stormed out of the cinema, in the town of Webster, just outside Houston.
A short time later two Texas police officers walked into the cinema and escorted Ms Clayton out.
She said the police took her to the food bar and explained that the woman had accused Ms Clayton of "invading her private space". The woman had made a complaint of assault because Ms Clayton had touched her.
"They were very apologetic," Ms Clayton said.
"They were very uncomfortable."
Ms Clayton said the officers had tried to dissuade the woman from making a complaint and had even told the woman that if she did make the complaint, police would charge the woman with disorderly conduct and using a profanity for her outburst in the cinema.
The woman refused to back down and not only was Ms Clayton charged, but the woman is now also due in court after being charged over her behaviour.
Ms Clayton was issued a citation and will appear in a Texas court next week to answer the charge.
With the help of an off-duty police officer who saw the fracas, she is hoping to escape with only a fine.
In the meantime Ms Clayton said she was hoping to get back to see the second half of Brokeback Mountain.
If convicted, Ms Clayton who grew up in Victoria and once worked as a journalist for The Sun newspaper in Brisbane, faces a fine of up to $675.
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.
I'd like to thank the "victim" for helping reinforce the international stereotype that America is filled with fat, rude, ignorant thugs.
There are apparently plenty of various mutants, Andy Warhol-types, and curious potential tri-sexuals -- even in Texas.
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.
Gee, that's certainly mighty white of them.
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.
Probably not a line you want to be saying in conjunction with Brokeback Mountain...
no battery is the damage from an assault.
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.
"...please please please for the love of god don't say that."
You know, they're already making cowboy loafers...
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!
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.
Webster? Where is Webster? They're big enough to have a movie theater?BTAIM, the offended haystack has no case. Just another angry fatso.
"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.
"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.
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.
Too bad she didn't have tourette's syndrome then she would be off the hook, at least on Free Republic.
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