Profanity charge dismissed against 'Boots' Riley in Norfolk

Posted to: News Norfolk


Video: Jack Cloud, Norfolk prosecutor, explains.
Steve Earley | The Virginian-Pilot


NORFOLK

A General District Court judge Wednesday dismissed the public profanity charge against rapper Raymond “Boots” Riley after an attorney for the city argued that the law it was based on has been ruled unconstitutional.

Deputy City Attorney Jack Cloud told a judge that the state statute under which Riley was charged was declared unconstitutional by the Virginia Court of Appeals years ago, but that the state has not altered the statute.

“Why the state of Virginia hasn’t modified its statute I don’t know,” Cloud told the court, “but that occasionally happens, and unfortunately it then lies in the code as a kind of time bomb that unsuspecting police officers sometimes caption it.”

Cloud said the statute, which addresses profane swearing and being drunk in public, has been found unconstitutional as it relates to swearing.

“In essence, the reasoning of the Court of Appeals was that sort of ordinance or statute, where there is no fighting-

words element involved, is unconstitutional based on Supreme Court law,” Cloud said.

He also said the city has an ordinance that “essentially mirrors the state code section” and suggested that the city might amend its code.

Cloud also said the city informed police officers to no longer charge people with swearing in public.

He acknowledged in court that others have been prosecuted under the statute in Norfolk – even after a Virginia Beach law with the same language was struck down by the Court of Appeals 19 years ago.

The charge is a Class 4 misdemeanor, punishable by a fine of up to $250.

The case stemmed from an episode last month when Riley, the lead singer for the rap group The Coup, used profane language at the Bayou Boogaloo & Cajun Food Festival in Town Point Park.

Riley was not in court Wednesday . Cloud had requested earlier that Riley be released from making the appearance .

“It’s fortunate that there are higher-up officials in Norfolk, Va., who recognize how ridiculous and unconstitutional his charges were,” said Ken Erlick, Riley’s manager .

Cheryl Ross, (757) 446-2443, cheryl.ross@pilotonline.com



Um...guys

I was in a private conversation when Iwas 19 years old and a friend and myself were overheard by a police officer riding by on a bike using profane language. I know, but I still do it today. We were not trying to be heard or being loud but we were ticketed for it. We had to pay a fine a swell. This happened by the McDonald's at the oceanfront where a lot of people used to congregate. The police were very heavy handed on the locals and this may have played a part, but we were fined none the less.

Does this mean I can have my money back?

Everybody wants to blame the

Everybody wants to blame the cops. Did you ever think maybe there was an order from some higher authority maybe a politician to make the police charge the rapper. But its so easy to blame the easiest target. If the police were to charge people for cussing the courts would have to run 24/7. they have better things to do. Look for the real reason this guy was charged, maybe to make downtown residents happy. Money talks

A quick and easy solution to

A quick and easy solution to all events. When the performer signs a contract, have them verify that if they use any language that is offensive to people, then they will not get paid. Hit them where it hurts the most. The cities would then have a binding contract in a court of law!!!!!

Profanity

I've served in two wars and several major world crises for freedom of speech. I consider myself a Christian and do not use profanity. It's not against the law to cuss, but our puritanical cops, who answer to no one, think they can take your freedom because they are ignorant of the law. I wouldn't walk across the street to hear that filthy-mouthed rapper....but it's not against the law to say those things. Maybe our police need more training about our rights.

This just in!

Boots was just arrested in San Fransico for those hideous side burns.

News at 11

Free Speech, not Free Venue...

I don't care about this issue with the rapper, they got what they paid for... But for everyone that states "Free Speech" or "Speach" has not inkling that the Constitution does not Grant Freedom of Venue. This has been decided uppon in case after case. You can say what you want but you do not have a right to say it where ever you want.

Like I said, I don't care about the rapper with a 4 letter vocabulary. I think it's an inane case to begin with, he should have just been booted from the stage and that was it. But now Norfolk gets to contend with the fall out of trying to make it a criminal case

If it violates free speech..........

How can Virginia Beach enforce profanity laws? I can't say "" in a private conversation but someone can get paid to say it at 10,000 watts to hundreds? You have to love the courts and lawyers.

*Sigh*

The guy raps about politics, and is in no way mainstream. The band, Galactic, has performed with him before (maybe he used them for background tracks, who knows.) He is not something you will find on the radio. It's not "gangsta rap" by any means. It's not party anthems or club music. If your teenager is going to shrivel up and wilt after hearing a word listed in the dictionary, while being at an event at 9:30PM around a bunch of beer vendors, then you probably have other issues.

http://www.youtube.com/watch?v=vfOaYafZzHk&feature=related

City Attorney

"Jack Cloud of the city attorney’s office said part of the statute Riley was charged under has been ruled unconstitutional because of the First Amendment. Cloud asked that the charge be dismissed."

Perhaps Norfolk's brainiacs should have gone through the City Attorney's office first before going through all this other embarrassing hoopla over a stupid word. Had that happened, Norfolk wouldn't be left looking like a fool over a simple word.

Back to the real issue...

I would certainly like to think that I could feel fairly comfortable taking my teens to an outing sponsored by the City. The song/style, though liked by some, was totally inappropriate at a public city function type of thing, and probably would have fit right in over at the NorVa, like someone has mentioned earlier.

There has to be a SOME sort of boundary as to what is okay and what is just too much at certain times! What is appropriate and what is inappropriate. Respect for others.

Many continue to let everyone "do their own thing" and if you don't like it you can leave. Well, how about if the filthy mouthed people (who don't like NOT talking that way) leave, instead of talking and acting in ways that will influence younger people in a negative way... At least in public places, please... Sometimes it just hurts my ears to hear all the disrespect for others that happen to be in the area...

the galactic controversy

I was at this show, and the band was really good, I was especially impressed with the drummer. When the singer dropped the f bomb though, at first it didn't quite register in my brain because I was dancing and having a good time. But when it dawned on me what kind of words he was using, I stopped and just started looking around at the crowd. All kinds of people were there, including families with little children. If this band was using language like this in a club, that would have been different, but this was a public place outside with little kids everywhere. It doesn't surprise me that the case was thrown out, but I would be greatly surprised if they were ever asked to return. It's a shame, because like I said, the band was actually quite talented. It takes no talent at all to cuss, and obviously it just ruined it for everybody.

Unbelievable!

So now we must ban christian music because a so called music artist broke the rules of common decency? Why must christianity always be attacked because of some unmoral people's actions? This is craziness and God will handle this for me and all of us! God is great!

Hypocrisy

Come on folks, you can't pick and choose the parts of the constitution that you want to enforce. The same people that were railing against Norfolk for violating a mans constitutional rights when he was arrested for bringing a gun to Town Pointe Park, are now up in arms about a man getting off on a profanity charge due to that very same constitution. Does anyone else see the irony here?

Profanity charges dismissed again Rapper

Why even bother to keep these laws on the books if we are going to ignore them? A better question is, how much did it cost me, as a taxpayer?
If those among us want to go see garbage, then you will see and probably smell garbage. And with this Rapper, you will hear garbage. Please take some of the concert money back and refund us taxpayers for the time and money spent bringing it to court.

Well Well

The comment that "lj17163" about the "black rappers" is really uncalled for. It would be the same as if I were to say the white head bangers all worship the devil. You can’t say that only black rappers curse. You have rap music, Rock music, pop music, that uses unwelcoming language at times.
But just to say "Black rappers" drop the f bomb to sell records is not true.

Oh what happened...

Oh what happened to public decency, values and being able to carry on a conversation or song without relying on filthy language that some insist on spewing in your face. I don't think it is a 1st amendment free speech issue. It is a complacent acceptance of this garbage that reasonable people cannot escape anymore. Turn it off or don't listen some say? I no longer have that option anymore or "some" would be correct.

Fergus

sure, some judges are elected, but we are talking about Norfolk, and those judges are appointed. I am not the one who lacks education on the matter. And for what it's worth, the police should know the law, since it is their job to enforce it. You cannot have the police arresting anybody just to let a judge sort it out -- it leaves the city vulnerable to false arrest lawsuits, but at the same time, with the amount of laws that are on the books, we cannot expect our police to be an expert on all of them, but in this case, with a basic right, the pd should have handled this matter in a better manner. Without being present, it seems to me (as reported by the Pilot), the NPD's hand was forced by a city official. Shame on her.

Correction

"Some are VOTED into the office by citizens"

Not here there not though. We are talking about Tidewater?

Get over it already

I believe this is now 8 days with this nonsense as a headline story. Apparently the most important thing to happen to the area in years.

THE PILOT MISSES THE POINT

If the whole issue is the language he used, why is this McNewspaper afraid of informing us exactly what was said? It hides behind "variation of the F-word". How puerile.

More o' the same

The whole issue is about the language that was used. Regardless, he was a paid employee of the event and should have adhered to the request to keep it toned down. How in the world the posters here have found a way to turn this into a racial issue is absurd. The only real racism in the paper today were comments attributed to Portsmouth's mayor and an action promoted by Lucas.

Correction about judges

"And judges are appointed, not elected. Way to have some underlying racism in your comment"

And I see some underlying lack of education in that statement. Not all localites appoint their judges. Some are VOTED into the office by citizens.

Egg on their face

Yes, the city of Norfolk has egg on its face (again), but what can the citizens expect when they've got police that clearly are not constitutional scholars? I mean, really, what can the city expect? The police just do their menial job, but police discretion is not something I see much of in Hampton-Roads. Rather it's more like ambush tactics, police waiting and lurking for the first wrong move, and that's a shame.

Serve and protect that PDs seem to like to decorate their cars with probably should read "go ahead, we dare you". I've seen people get tickets for dropping a cigarette at beachfront shows, I've seen someone calling a cab for a ride (and clearly intoxicated) get hauled off to jail for public drunkenness WHILE WAITING FOR THE CAB, and friends pulled over on "suspicion of DUI" (fishing expedition) leaving Sunday night church services.

Hampton Roads cities get what they give, and this sort of performer is right up their alley. If the cities do their part, the class of event-goers will change, trouble will decrease, and, hopefully, all can have a little fun sans overzealous PDs. My $.02 worth...

Responsibility

Parents have the responsibility ensure that their children hear or see what is appropriate to them. If a parent doesn't know what their child is doing or listening to they have no one to blame but themselves. This has nothing to do with politics or religion but with the rights of all of us. When we start complaining about other people exercising their rights even though we may disagree with or hate their position we are in danger of approaching that slippery slope of totalitarianism. The judge and Commonwealth Attorney did the right thing. It's time for this area to recognize that government shouldn't protect us from speech except in the cases I mentioned before. As far as the people living downtown they knew there are entertainment venues that can be heard in various areas. That's part of the city life one presumes they were looking for. And they do have the option of closing their windows for

Forced

Nobody has forced me to go to Town Point Park to listen to this stuff. So, I don't go. I don't waste my time and money in downtown Norfolk anymore because I do not want to put up with the disgusting people who do frequent such events. They are as crude, verbally and in appearance, as the performers. Norfolk: Clean up your act. There are plenty of good performers who I would pay to see in Town Point Park. Unfortunately, you've not invited them and until you do, I will not waste an effort to come downtown. And if you think this stinks, go to Granby Street on a Saturday night around midnight...................very shady crowd!!!

uptight or worse

I don't beleive the City of Norfolk would have received, or acted upon any complaints were it not for the ethnic nature of the performances. I am a middle aged, white male who feels this whole charade could have been averted if we practiced a bit more tolerance of our differences, and chose to embrace the cultural diversity we are blessed to have in our area. We really need to put away the tribal, egocentric lenses people insist on viewing the wonders of life through.

bowboat, are you serious

What on earth does this have to do with "their boy Obama"? And judges are appointed, not elected. Way to have some underlying racism in your comment.

give me a break

Norfolk manages to embarass itself again. As for the naysayers that replied that act like this act was sooooo left or right of center, give me a break. You people act like you dont swear and live so righteously above the rest of us. Despite a brief moment of foul language, I am sure the show would have been fine. There is plenty of foul language, violence, etc. on television which children (young and old alike) are exposed to. If people are offended, they have the option to use their two legs and walk away.

Not about turning it off

The issue is that people living in the area could hear it. So this is not about "just turn it off and/or leave". This is not a racism issue, its a language issue that affected those not even attending the event.

YOU GET WHAT YOU GET

Norfolk should have know what to expect from the class of performers they hired. Some groups can't change what they do.


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