Disturbing photo in public (any crime?)

1970 Views 5 Replies 4 Participants Last post by PearlOnyx, Jun 30, 2003

Gil

Discussion Starter · Jun 28, 2003

Disturbing photo in public (any crime)

Pro Life / Pro Choice

We have a abortion clinic in our city and protesters (approx 8 to 10) picket the entrance every Saturday morning. One of the subjects parks his vehicle on the street with a giant size actual photo of a dismembered fetus. The photo is visible to all walking and driving down the street, it is also visible from the playground 50 yards away. It is not a fixed image, the protester leans the photo against the rear of his vehicle.

Anybody see a stretch at breaking any laws with this?

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dh18

· #2 · Jun 28, 2003

Here's a huge gigantic stretch, dependant on how identifiable the picture is...

Chapter 272: Section 29A. Posing or exhibiting child in state of nudity or sexual conduct; punishment.

Section 29A. (a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.

Again it's a real big stretch.

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PearlOnyx

· #3 · Jun 28, 2003

Check city ordinances for rules regarding signs. Some towns have super strict rules and others have none. You may find something in there.

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Gil

Discussion Starter · #4 · Jun 28, 2003

Re: 266 / 120E

I thought it was a long stretch

Ok... along the same lines

Would you consider a protester not paying attention to traffic entering the facility and impeding traffic for because of his lack of attention enough to summons or arrest for 266 / 120E?

The protester is "supposedly" reading and reciting scripture from a piece of paper while he is walking back and forth in front of the entrance to the facility. Out of 10 protesters only 2 of them ever walk in front of the entrance the remaining protesters stay on the sidewalk and do not impede traffic in any way. (my feeling is that they do not want to push their luck) We are there almost every Saturday for the same report of the violation and this particular subject has been warned many times not to impede persons entering the facility.

This morning while responding to the facility to take a report of a violation of the above ch and sec I was impeded. It was for less then 10 seconds while the protester was not paying attention, once he noticed I was stopped waiting for him to pass he paused and backed out of my way.

My feeling is that he knew I was there and is using the excuse that he was reading as his defense. I am already summonsing him for a reported violation for impeding one of the staff but was wondering if my delay in entering the facility parking lot was enough to consider it a violation of 266 / 120E

Any thoughts? It's just a little annoying responding to the same location for the same reported offense over and over again especially after working a double and having to leave the station while trying to complete an OUI arrest, a stolen MV report, a larceny report and a friggen PI.

Chapter 266: Section 120E. Obstruction of entry to or departure from medical facility; injunctive relief; damages.

Section 120E. As used in this section, the following words shall have the following meanings:-

""Medical facility'', any medical office, medical clinic, medical laboratory, or hospital.

""Notice'', (i) receipt of or awareness of the contents of a court order prohibiting blocking of a medical facility; (ii) oral request by an authorized representative of a medical facility, or law enforcement official to refrain from obstructing access to a medical facility; or (iii) written posted notice outside the entrance to a medical facility to refrain from obstructing access to a medical facility.

Whoever knowingly obstructs entry to or departure from any medical facility or who enters or remains in any medical facility so as to impede the provision of medical services, after notice to refrain from such obstruction or interference, shall be punished for the first offense by a fine of not more than one thousand dollars or not more than six months in jail or a house of correction or both, and for each subsequent violation of this section by a fine of not less than five hundred dollars and not more than five thousand dollars or not more than two and one-half years in jail or a house of correction or both. These penalties shall be in addition to any penalties imposed for violation of a court order.

A person who knowingly obstructs entry to or departure from such medical facility or who enters or remains in such facility so as to impede the provision of medical services after notice to refrain from such obstruction or interference, may be arrested by a sheriff, deputy sheriff, constable, or police officer.

Any medical facility whose rights to provide services under the provisions of this section have been violated or which has reason to believe that any person or entity is about to engage in conduct proscribed herein may commence a civil action for injunctive and other equitable relief, including the award of compensatory and exemplary damages. Said civil action shall be instituted either in superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which any person or entity complained of resides or has a principal place of business. An aggrieved facility which prevails in an action authorized by this paragraph, in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorney's fees in an amount to be fixed by the court.

Nothing herein shall be construed to interfere with any rights provided by chapter one hundred and fifty A or by the federal Labor-Management Act of 1947 or other rights to engage in peaceful picketing which does not obstruct entry or departure.

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EsxPD319

· #5 · Jun 29, 2003

A huge long shot, however, if the public passing by is affected by it could it possible causing a breach of the peace? I seem to remember a case were an ex-boyfriend put up posters or an add about his ex-friend with sexual explicit language and I believe he was successfully charge with breach of the peace or disorderly, I'll try to find it.

Just a thought....

Ed

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PearlOnyx

· #6 · Jun 30, 2003

Not to be Mr. Smarty Pants, but "Breech of the Peace" itself is not a crime, but an element required for arrest for many crimes. You were correct when you said "or disorderly".

Off topic, was going to work your town Esx for the fourth but took Beverly instead for the big bucks :wink:

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