RE: Who Are The Boobs?

[Bob Hoffmann <escape@alt-escape.com>]

At 06:21 PM 7/16/2002 -0700, Saundra Lund wrote:
>I suppose one of my concerns is *not* that democracy supposedly worked in 
>this case, but that we've now got a law on the books that will be 
>arbitrarily & capriciously enforced.  I'm concerned about the time & 
>resources already wasted on this issue, as well as the time & resources 
>that will likely continue to be wasted on a law that it seems inevitable 
>will be arbitrarily & capriciously enforced.

Uh, isn't "arbitrary & capricious" a typical reason laws get thrown out in 
court?

If our police force decides to arbitrarily and capriciously ignore bikinis, 
but arrest topless women, aren't they just setting up the law to be 
invalidated?

Attorneys on the list, please comment.

I have a small, personal experience to relate.  Several years ago, shortly 
after three women were arrested on Main Street for going topless, I was on 
Friendship Square.  There was a boy, approximately two years old, playing 
naked in the fountain.  A police officer happened by, and I said, "I have a 
complaint.  There is a case of public nudity across the street."  (Note 
that our new ordinance does not even exempt infants from the law, and there 
is no exemption from changing diapers in public--so would that make the 
parent liable?)

The cop laughed, and said, "I figured someone was going to say something 
like that.  All I can say is, I'm glad I'm not the officer who made that 
arrest."  He went on to say that in the police department, the newspaper 
article about the arrest was pinned up, with a hand-written caption:  "Main 
St. Sweep Yields Big Bust for Officer [So-and-So]."  Like the whole issue 
was a joke and embarrassment for the department.

Of course, he arbitrarily and capriciously did nothing to stop the case of 
public nudity that I pointed out.

Bob Hoffmann
846 Mabelle St.
Moscow, ID  83843

Tel: 208 883-0642