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There is no 'pee' in public -- State appeals court rules act is illegal
San Francisco Chronicle ^ | 3/8/6 | Bob Egelko

Posted on 03/08/2006 3:07:42 PM PST by SmithL

SAN FRANCISCO -- It's a crime in California to urinate in a public place, a state appeals court ruled today.

The case before the court came from Berkeley, where a police officer detained a man urinating in the parking lot of a closed restaurant one Sunday morning in January 2003. The officer searched David McDonald and found drugs.

McDonald was charged with narcotics possession. But if he hadn't been committing a crime in the first place -- urinating in the open -- the search would have been illegal and the found drugs couldn't be used against him.

To deal with the question, a Court of Appeal panel in San Francisco turned to a 19th century state law that defines a public nuisance as an act that is "injurious to health, or is indecent, or offensive to the senses.''

The act must also interfere with "the comfortable enjoyment of life or property'' by a community, or a neighborhood, or "any considerable number of persons.''

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: pee; ublic; urine
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1 posted on 03/08/2006 3:07:47 PM PST by SmithL
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To: SmithL

um...how can they do this ? doesn't this take away the bathrooms for the homeless ?


2 posted on 03/08/2006 3:08:50 PM PST by stylin19a (Do you still have sex or are you already playing golf?)
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To: SmithL

what about a pubic restroom ?


3 posted on 03/08/2006 3:09:20 PM PST by al baby (Father of the Beeber)
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To: al baby

ops Public restroom?


4 posted on 03/08/2006 3:09:53 PM PST by al baby (Father of the Beeber)
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To: al baby

No need to correct your first post. It be funnier that way.


5 posted on 03/08/2006 3:11:45 PM PST by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: al baby

Do they let the homeless in to use a public restroom?


6 posted on 03/08/2006 3:12:16 PM PST by tioga (Speaking out from the god-foresaken frozen tundra of the land of the hildebeast.)
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To: al baby

Uh, that's "oops". (Heh, heh)

Maybe the homeless should do like Don Imus and do their business in phone booths.


7 posted on 03/08/2006 3:12:53 PM PST by elcid1970
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To: al baby
"what about a pubic restroom ?"

Have you seen the public restrooms in Berkeley? I think I would rather pee outside too.
8 posted on 03/08/2006 3:13:10 PM PST by ndt
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To: SmithL

Dogs are allowed to. Why not people.


9 posted on 03/08/2006 3:15:38 PM PST by SteveMcKing
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It's like a swimming ool. (the p is silent)


10 posted on 03/08/2006 3:15:40 PM PST by SmithL (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: SmithL

Is this why all the bridges have signs with a big "P" and a circle around it with a line through it? ;-p


11 posted on 03/08/2006 3:16:00 PM PST by Theresawithanh (Always remember that you're unique. Just like everyone else.)
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To: SmithL
To deal with the question, a Court of Appeal panel in San Francisco turned to a 19th century state law that defines a public nuisance as an act that is "injurious to health, or is indecent, or offensive to the senses."

Wow! looks like the whole city of SF is in violation of it's own law.
12 posted on 03/08/2006 3:18:34 PM PST by HEY4QDEMS (No animals were harmed during the creation of this post.)
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To: SmithL

I personally killed a bush near the local grocery store on my all too frequent (at the time) walks back from the nearby saloon.


13 posted on 03/08/2006 3:18:51 PM PST by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: stylin19a

This really pisses me off.


14 posted on 03/08/2006 3:19:02 PM PST by moog
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To: al baby


Every public restroom I've come across is locked. Time to change our National Anthemn, we are no longer land of the free.


15 posted on 03/08/2006 3:19:48 PM PST by SouthernFreebird
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To: al baby

Uh-oh, you're getting pubicity over this comment:)


16 posted on 03/08/2006 3:19:59 PM PST by moog
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To: dynachrome

I personally killed a bush near the local grocery store on my all too frequent (at the time) walks back from the nearby saloon.

You're just another bush hater:)


17 posted on 03/08/2006 3:20:50 PM PST by moog
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Comment #18 Removed by Moderator

To: SmithL

"It's a crime in California to urinate in a public place, a state appeals court ruled today."

What a stupid law. Piss on it. /sarcasm


19 posted on 03/08/2006 3:21:24 PM PST by jdm
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To: SteveMcKing

Dogs are allowed to. Why not people.

Let the third graders try it on the playground during math--multiply and replenish the Earth.


20 posted on 03/08/2006 3:22:00 PM PST by moog
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To: SmithL

I gotta be me.... I gotta go


21 posted on 03/08/2006 3:22:33 PM PST by steveo (Father's Against Rude Television. You may already be a member.)
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To: al baby
what about a pubic restroom ?

Apparently there's no "ell" in public either

22 posted on 03/08/2006 3:22:47 PM PST by P8riot (When they come for your guns, give them the bullets first.)
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To: dynachrome
I personally killed a bush near the local grocery store on my all too frequent (at the time) walks back from the nearby saloon.

I'm working on a clover patch between two containers at work.
It's been an ongoing battle since '99.

Clover is tough.

23 posted on 03/08/2006 3:23:13 PM PST by humblegunner (If you're gonna die, die with your boots on.)
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To: Theresawithanh

Is this why all the bridges have signs with a big "P" and a circle around it with a line through it?

No, that's so the pythons don't cross the bridge.


24 posted on 03/08/2006 3:23:17 PM PST by moog
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To: humblegunner

Clover is tough.

Nah, they're just lucky.


25 posted on 03/08/2006 3:23:53 PM PST by moog
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To: moog

LOL


26 posted on 03/08/2006 3:24:10 PM PST by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: HEY4QDEMS

LOL


27 posted on 03/08/2006 3:24:25 PM PST by mlc9852
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To: P8riot

Give 'em 'ell.


28 posted on 03/08/2006 3:24:30 PM PST by moog
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To: steveo
"I gotta be me.... I gotta go"

Urine the majority with that sentiment.

29 posted on 03/08/2006 3:25:17 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: SouthernFreebird

Every public restroom I've come across is locked. Time to change our National Anthemn, we are no longer land of the free.

Maybe even no longer land of the pee either.


30 posted on 03/08/2006 3:25:57 PM PST by moog
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To: Joe 6-pack

Urine the majority with that sentiment.

Depends on how much crap one can take. Then it's no longer a turdy joke.


31 posted on 03/08/2006 3:26:39 PM PST by moog
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To: Theresawithanh

Is this why all the bridges have signs with a big "P" and a circle around it with a line through it?;-p

-------

Well, you could park your car on a bridge and take a pee over the side then let us know. Lol


32 posted on 03/08/2006 3:26:52 PM PST by Americanexpat (A strong democracy through citizen oversight.)
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To: Americanexpat

Well, you could park your car on a bridge and take a pee over the side then let us know. Lol

Just make sure the wind is blowing the right way.


33 posted on 03/08/2006 3:27:39 PM PST by moog
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To: moog

"Pubicity?" What's that, something involving being out in pubic?


34 posted on 03/08/2006 3:32:48 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: moog
"Depends on how much crap one can take. Then it's no longer a turdy joke."

I thought my pun was limp, but yours is even bladder...

I would like to point out that this law does apply to the incontinent as well, but whether or not it is enforced really Depends: Toilet one class of citizen get away with it and arrest everybody else violates the Golden Rule and really steams me...

35 posted on 03/08/2006 3:32:49 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: pec

It is now Spring Break for many colleges and universities. It started here in Panama City Beach last weekend. Already my mailbox has been destroyed and I've found evidence of kids urinating in my front yard. I have several palm trees and other shrubbery in the yard which, unfortunately, acts as a drawing card for the drunken kids who parade all night past my house.

It was so bad five years ago that I asked a local cop if it was alright to shoot them with a paint ball gun while they were "in the act"? He told me that I "had best not do that". He then proceeded to tell me that I should wire the specific area where the offenders most often offend and to hook it up to an electrical outlet. So, it isn't OK to shoot them with a paint ball gun but it is allright to electrocute them.

I just put up the new mailbox about an hour ago. I wonder how long it will last?


36 posted on 03/08/2006 3:33:45 PM PST by miele man
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To: Gordongekko909

"Pubicity?" What's that, something involving being out in pubic?

Yeah, but it's too hairy of a situation to really explain.


37 posted on 03/08/2006 3:34:05 PM PST by moog
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To: Joe 6-pack

I thought my pun was limp, but yours is even bladder...

Yeah puns like that can get all full.


38 posted on 03/08/2006 3:35:04 PM PST by moog
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To: moog

One of those sensitive areas, huh?


39 posted on 03/08/2006 3:35:10 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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Comment #40 Removed by Moderator

To: Gordongekko909

One of those sensitive areas, huh?

Yeah, though some people really get a kick out of it while others double over.


41 posted on 03/08/2006 3:36:39 PM PST by moog
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To: moog

Ahh. I imagine that fooling around in that area too much could lead to quite a sticky situation. Or maybe things could get slippery. Depends who you're dealing with.


42 posted on 03/08/2006 3:39:06 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: miele man

Disgusting. But I do think they should allow public urination in California on Earl Warren's grave.


43 posted on 03/08/2006 3:42:38 PM PST by Vigilanteman (crime would drop like a sprung trapdoor if we brought back good old-fashioned hangings)
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To: Joe 6-pack

Is urine that guy that killed Natale Holloway


44 posted on 03/08/2006 3:42:57 PM PST by al baby (Father of the Beeber)
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To: SmithL

Tell it to the mother I saw letting her son whizz on the ground at the Walmart parking lot. ugh.


45 posted on 03/08/2006 3:43:40 PM PST by Names Ash Housewares
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To: Gordongekko909; moog
"Ahh. I imagine that fooling around in that area too much could lead to quite a sticky situation. Or maybe things could get slippery. Depends who you're dealing with."

That's a hard one; a real condomdrum and I'd hate to have to answer it on the fly. We could conduct research, but I have a feeling the subjects would quickly feel drained.

46 posted on 03/08/2006 3:44:13 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: miele man

Paint balls? They don't sell hollow points in your area?


47 posted on 03/08/2006 3:44:23 PM PST by HHFi
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To: Gordongekko909
Ahh. I imagine that fooling around in that area too much could lead to quite a sticky situation. Or maybe things could get slippery. Depends who you're dealing with. That one's getting out of hand and just plain nuts.
48 posted on 03/08/2006 3:44:27 PM PST by moog
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To: miele man

hook your spriklers to a motion sensor we did that by a wall that used to get graffited


49 posted on 03/08/2006 3:45:02 PM PST by al baby (Father of the Beeber)
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To: stylin19a

And it seems to violate their First Amendment right to free expression, no?


50 posted on 03/08/2006 3:45:33 PM PST by rightwingcrazy
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