Citizen's Arrest Reported Outside of Mayberry
Is dropping the F-bomb in public a crime? Legal experts have differing opinions, but one assistant fire marshal in Texas definitely believes so.
The Houston Chronicle reported that Kathryn "Kristi" Fridge was recently shopping at a Wal-Mart store in La Marque, Texas with her mother and 2-year-old daughter. Outside, Tropical Storm Edouard was closing in on the area. Many area residents had already hit the Wal-Mart store to stock up on storm supplies.
And that's where the problem began.
Fridge, 28, could not believe that the battery shelf at the store was completely empty. While expressing her displeasure about the situation to her mother, she used a variation of the four-letter F-word that many people find vulgar and offensive.
Capt. Alfred Decker, the town's assistant fire marshal, was also in the store. He overheard Fridge's comment to her mother, including the curse word.
Decker, who happened to be all decked out in his fire department uniform at the time, stepped around the corner and told Fridge to watch her mouth.
Fridge was a little taken aback by being scolded by a fireman, but said she was sorry anyway and walked away.
What happened next was something Fridge never expected.
She says that Decker yelled at her to come back, and she told him to mind his own business. Then things got a little out of control.
When Fridge refused to obey Decker's command, she says he pulled out a pair of handcuffs and ordered her out to his car so that he could write her a ticket.
Out in the parking lot, Fridge saw the fire department's car and realized that Decker was not a policeman. She says that she protested again, but that he simply replied, "I can do this."
Fridge says that when Decker asked her for her name so that he could write the ticket, she spelled it out verbally and in sign language. She says this caused another round of verbal sparring between them and then he handcuffed her.
After being ticketed for disorderly conduct, a Class C misdemeanor, Fridge was released. She will be required to either pay a fine or make a court appearance to fight the ticket.
How this situation applies to Texas law
Texas law says that the use of indecent, profane or vulgar language in a public place, which causes an "immediate breach of the peace," qualifies as disorderly conduct. The question that legal experts are batting around now is whether or not Fridge's comment to her mother, which contained the profanity, constituted an immediate breach of the peace.
One lawyer who spoke about this case on CNN was adamant that Fridge's conduct did not meet the criteria of disorderly conduct - and instead argued that Decker's behavior did. In her opinion, the wrong person received the citation.
Three days after the incident, Fridge visited the La Marque Fire Department to speak with the fire chief about Decker's behavior. She was given forms to file a formal complaint, but says that she will consult with a lawyer before making any decisions.
She says that she has no desire to file a personal injury lawsuit, but she does expect the ticket to be dropped.
La Marque Fire Chief Todd Zacherl supports Decker's actions at Wal-Mart. He says that Fridge was breaking the law and since Decker was in uniform, he was obligated to uphold the law. Never mind that he's a fireman, and not actually a cop.
Decker is certified by the state of Texas as a firefighter, peace officer, fire investigator and fire inspector. Still, many people feel that he crossed the line when he created a scene at Wal-Mart.
However, Decker was entitled to make a citizen's arrest if Fridge had indeed broken the law. The legal debate in this case seems to be not so much about the arrest itself.
The question remains about who actually broke the law.
Was it Fridge, by using profanity that could be overheard? Or was it Decker, who through his actions created what could be construed as an immediate breach of the peace?
Many people may agree that no violation of the law occurred, and that this is a case that should not be allowed to use up the court's limited time and resources simply to stroke a fireman's ego.
