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Teen charged after saying 'All blacks leave the store' on Whole Foods intercom
Associated Press ^ | April 13, 2010

Posted on 04/13/2010 9:35:33 AM PDT by Free ThinkerNY

EDGEWATER, N.J. — Police in northern New Jersey say a 14-year-old girl grabbed a supermarket microphone and announced, “All blacks leave the store.”

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


TOPICS: News/Current Events
KEYWORDS: flashmob; hatespeech; prank; wholefoods
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To: silverleaf

Agreed, fire her, ban her from the store but charge her for speaking? She didn’t yell fire in a crowded theater. She is guilty of being an idiot but that isn’t a crime yet.


41 posted on 04/13/2010 10:34:07 AM PDT by sarge83
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To: Free ThinkerNY

Second time in a few months and both occurred in the, so we are told, “racially tolerant” north. Doesn’t fit the MSM story line. The Democrat front Southern Poverty Law Center will not want to hear about this.


42 posted on 04/13/2010 10:42:15 AM PDT by danieldu
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To: alexander_busek
As evident from that provision you posted, the "bias intimidation" crime requires that there be an underlying predicate crime, such as murder, assault, robbery, carjacking, or, as in this case, harassment.

The crime of harassment is defined as follows:

2C:33-4. Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

Given the nature of what she is alleged to have done, they would need to apply either subsection (a) or subsection (c). As to subsection (c), if this was an isolated incident, it would likely not qualify as a "course of conduct" or "repeatedly," leaving the authorities with only subsection (a).

Subsection (a) was obviously intended to go after prank telephone callers ("Do you have Prince Albert in a can"?). She did not use coarse language nor was it at an extremely inconvenient hour.

The question boils down to, did she make a "communication in a manner likely to cause annoyance or alarm"?

I wonder whether this type of statute has been successfully challenged for vagueness or for being unduly broad. Citizens have a right to know what conduct can be considered a crime by the authorities. Who knows what conduct is "likely to cause annoyance"? Or "likely to cause alarm"?

In addition, First Amendment considerations in some circumstances would override the state crime, in cases where the conduct consists of spoken words.

I find Code Pink demonstrators and similar moonbats to be "annoying". Can they be arrested for harassment in New Jersey merely for being annoying?

No doubt Nancy Pelosi and the race-hustling Congressional Black Caucus find the Tea Partiers to be "annoying" or "alarming". Can they be arrested in New Jersey merely for being annoying?

43 posted on 04/13/2010 11:01:45 AM PDT by SirJohnBarleycorn
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To: a fool in paradise

“All of the Gluten and Lactose Intolerant peoples, please leave the store!”

All kidding aside, if you are gluten intolerant Whole Foods is actually one of the best places for you to shop.


44 posted on 04/13/2010 11:08:37 AM PDT by Buckeye McFrog
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To: Free ThinkerNY

If it had been a black teen that said it would he have been charged?


45 posted on 04/13/2010 11:11:50 AM PDT by DungeonMaster ("My dad put his arm around me once, to this very day he wears orthopedic shirts")
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To: Buckeye McFrog

Yes, I know. I figured there would be some in the crowd....

Good satire is grounded in reality.


46 posted on 04/13/2010 11:12:30 AM PDT by a fool in paradise (VP Biden on Obamacare's passage: "This is a big f-ing deal". grumpygresh: "Repeal the f-ing deal")
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To: Mark was here
I was thinking:
All black people please leave the store ... Wal-Mart is unfair to minorities so you shouldn't spend your money here.
47 posted on 04/13/2010 11:41:46 AM PDT by William Tell
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To: William Tell

Following that logic...

The left is always complaining how America is unfair to minorities...


48 posted on 04/13/2010 11:43:02 AM PDT by MrB (The difference between a humanist and a Satanist is that the latter knows who he's working for.)
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To: olepap

Is ‘bias’ some kind of crime.

I guess the lame stream media must have one jazillion criminal charges against them.


49 posted on 04/13/2010 11:50:17 AM PDT by paman12
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To: chaos_5

She was obviously a bible thumping racist Obama hating tea-partyer. I don’t see how there could be any other possible explanation.


50 posted on 04/13/2010 11:50:18 AM PDT by Thurston_Howell_III (I was a billionaire until the great depression, and I lost it all, now I'm just a multi-millionaire.)
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To: alexander_busek

Obama should avoid NJ. He could be liable for “bias intimidation” for conspiring to intimidate members of the US armed forces for being “straight.”


51 posted on 04/13/2010 11:50:29 AM PDT by Verginius Rufus
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To: Free ThinkerNY
... charged with bias intimidation and harassment.

I'd like to see statistics on how many non-whites have been arrested under this charge.

52 posted on 04/13/2010 12:36:15 PM PDT by The Sons of Liberty (The 0bama regime represents an "Clear and Present Danger" to the US - Mene, Mene, Tekel, Upharsin)
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To: alexander_busek

My cursory reading of that excerpt suggests that they have to show that you *intended* to cause distress, harm, blah blah. If that’s the case, then her defense is simply, nah I was just having fun, yeah I know people freaked out at Wal-Mart last month but nobody would take that seriously again, they’d know it was a joke.


53 posted on 04/13/2010 8:13:29 PM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Free ThinkerNY; Mr. Mojo

meanwhile how many whites today were killed or raped by black criminals?

and we worry about offending a few

we’ve lost our minds


54 posted on 04/13/2010 11:09:48 PM PDT by wardaddy (Will adobe ever fix shockwave to work consistently?)
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To: wardaddy
meanwhile how many whites today were killed or raped by black criminals?

...that go unreported by the agenda-driven media.

But a few words spoken by a stupid teen into a mic? Front page news.

55 posted on 04/14/2010 6:16:54 AM PDT by Mr. Mojo
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To: Mr. Mojo

it’s kills me (hopefully not)


56 posted on 04/14/2010 8:49:47 AM PDT by wardaddy (Will adobe ever fix shockwave to work consistently?)
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To: NativeNewYorker
Idiot kid. In that neighborhood, you’d say “all ASIANS must leave the store”. /sarc

LOL, and very true. Besides, a black in Whole Foods is like a white person at Red Lobster (ie almost non-existent).

57 posted on 04/14/2010 8:53:06 AM PDT by Clemenza (Remember our Korean War Veterans)
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To: panthermom
I still think race relations are not as bad as they were in the 1960s-1980s, especially here in the NY/NJ area.

Just some smart ass little punk who, knowing the area, was likely a minority herself (Asian or Latino).

58 posted on 04/14/2010 8:56:30 AM PDT by Clemenza (Remember our Korean War Veterans)
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To: Clemenza

Well, the WF @ Columbus/98th in Manhattan is largely staffed by black workers....


59 posted on 04/14/2010 8:57:37 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: NativeNewYorker
Most Whole Paychecks in NYC are staffed by Latinos and blacks, with the occasional white hipster douchebag, because that is who fills the low level service jobs in NYC proper. I can't imagine WF importing schlep-class palefaces from Staten Island or Suffolk County to work for the sake of racial balance.
60 posted on 04/14/2010 9:10:57 AM PDT by Clemenza (Remember our Korean War Veterans)
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