Friday, March 10, 2006

to 'pee' or not to 'pee'....


That is the question and as you can see in this photo the thought process that this can cause....I read recently in a article that the issue of urinating in public is now illegal and made its' way for debate all the way to the 3 judge Court of Appeals in Cali. A three-judge appeals panel said in a 20-page opinion that relieving oneself in public does not qualify as a littering crime under state law but does qualify as a crime of committing a public nuisance. Justice Anthony Kline wrote, "There can be little doubt that urination on or near a busy commercial street interferes with the comfortable enjoyment of both life and property." Kline continued, "The sight and smell of urine are vile and offensive, and those who use the public streets and sidewalks cannot be freely subjected to such unpleasantness." The ruling applies to acts in public places such as the vicinity of a busy street (or five points). The court noted that "there might well be circumstances in which a single, discreet act of public urination would not violate" the public nuisance law. Kline wrote, "Thus, for example, a hiker responding to an irrepressible call of nature in an isolated area in the backwoods cannot reasonably be seen as interfering with any right common to the public." (This is the same thinking as "if a tree fell in the middle of isolated heavily wooded forest would it make a noise" thought process....)

So now when you feel the urge...think about this case and make a great legal decision....should you act responsibly or let nature take it course?? I know we all have "been there - done that"....I mean when you are at a football game tail-gating, come on who wants to wait in line or you are at Carolina Cup - do you want to wait in line or just go??? Anyone got good stories or their opinion on this case??? {And we know that this case has no impact on SC for now but now this is part of case law / 'Stare Decisis' --- so don't get caught with your pants down!}

1 comment:

Anonymous said...

This brings to mind a Seinfeld episode where both Jerry and George were arrested at different times for urinating in a parking garage because Kramer couldn't find his car. Oh the comedy. By the way, it is unlikely that this will ever be the law of the land in SC because we all know how crazy the 9th Circuit Court of Appeals (aka left-wing California) can be and I doubt the much more conservative 4th Circuit will follow those lefty judicial activists.