There is no 'pee' in public -- State appeals court rules act is illegal

San Francisco Chronicle ^ | 3/8/6 | Bob Egelko

[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.''

[moog]

One of those sensitive areas, huh?

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

[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.

[Vigilanteman]

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

[al baby]

Is urine that guy that killed Natale Holloway

[Names Ash Housewares]

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

[Joe 6-pack]

"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.

[HHFi]

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

[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 one's getting out of hand and just plain nuts.

[al baby]

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

[rightwingcrazy]

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

[moog]

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. Some might be a little wet behind the ears.

[Joe 6-pack]

"Is urine that guy that killed Natale Holloway"

I don't think they ever proved that he killed her, but he is a real dickhead nonetheless.

[moog]

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

No wonder those trailers don't need a sprinkling system.

[al baby]

pee pee ping

[Vigilanteman]

May he rest in pee.

[moog]

Peeng

[al baby]

[moog]

Just get a bunch of stoners....

[Political Junkie Too]

what about a public restroom ?

Market Street is the public restroom.

-PJ

[Joe 6-pack]

"Some might be a little wet behind the ears."

We'd have to take precautions to prevent the spread of hearing AIDS.