Norfolk to strike swearing law after 'Boots' Riley is cleared

NORFOLK

Mayor Paul Fraim said Thursday the City Council will rescind an ordinance banning swearing in public that officials acknowledge is unconstitutional.

Rapper Raymond "Boots" Riley was charged with public profanity under a similar state statute in June during the Bayou Boogaloo festival at Town Point Park.

Deputy City Attorney Jack Cloud told a General District Court judge Wednesday that an identical statute in Virginia Beach had been ruled unconstitutional 19 years ago by the Virginia Court of Appeals. Riley's charge was dismissed.

Norfolk has in its code a companion ordinance that Fraim said the city will rescind when it next meets, on Aug. 19.

Cloud informed the court this week that the city has already told police officers not to press charges against people for swearing publicly, but public profanity that "would meet the fighting words requirement" could be charged under a separate statute.

Prior court rulings have determined that people can be prosecuted for using profane language if their words were addressed to another person and were likely to prompt someone to react violently, Cloud said Wednesday. Cloud said that Riley did not utter "fighting words."

Fraim, an attorney, said he doubted the constitutionality of the ordinance when Riley was charged, and asked City Attorney Bernard A. Pishko to research the subject. The city attorney's office contends it is unconstitutional because of the First Amendment.

Fraim asked Pishko to make sure the charge was dropped and the city ordinance was changed.

Karen Scherberger, who heads Festevents, a private group that receives city money to stage events at Town Point Park, asked police to charge Riley after he repeatedly used a form of the "F-word." Fraim strongly defended Scherberger, saying "she was doing what she thought was right."

Fraim said he contacted Scherberger after hearing from Pishko and told her the case should be dropped.

"She said, 'Well, whatever you think we should do,' " he said.

Officials said they have endeavored to make Town Point Park a place for families, even for late-night events. Last month, Festevents officials said an anti-profanity clause would be added to its entertainment contracts.

Cloud said Wednesday that the city is helping Festevents "to craft their contracts a little bit better" so parties understand that the use of certain language can constitute a breach of contract "and that the act can be immediately suspended and ended so as to stop the language."

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

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com