FL's Lakeland Ledger speaks out for the atheist who was arrested for sex noises in her home.

[madfloridian]

The paper says the charges should be dropped and then they use these words..

Otherwise, so much for the American way in Polk County.

I say good for them. They point to two powerful people who have misused their power in this case.

One may argue whether Jerry Hill or Grady Judd is the most powerful official in Polk County. Hill may prosecute anyone within the 10th Judicial Circuit, which includes Polk County. Judd may arrest anyone in Polk County. Both are popular and powerful, and have done much good. Yet, in their actions against Wachs, neither has taken notice of the Bill of Rights. At this point, Hill is in charge. He should withdraw these acts of retribution.

Here is more of their article, one of the few I have read standing up for the rights of atheists not to be arrested so easily.

Second Arrest For Atheist: Bill of Rights Not for Polk

The arrest warrant says she made noise in her home on March 13 that "sounded like a woman experiencing sexual gratification in an extremely loud fashion."

So much for the Fourth Amendment in Polk County.

Wachs is the same person arrested by the Sheriff's Office on March 3 and charged with impersonating a lawyer by using the term esquire. She signed her name EllenBeth Wachs, Esq., indicating that she is a lawyer, said an investigator for the State Attorney's Office in the warrant for her first arrest.

So much for the First Amendment in Polk County. Indeed, look out for the Bill of Rights in Polk — two down, eight to go.

Tampa's WTSP news channel 10 gave more details about the neighbor's ability to get the ear of people in high places.

Controversial atheist activist arrested, accused of being too loud in bedroom

On Monday, the State Attorney's Office filed a charge of Simulation of a Sexual Act in the Presence of a Child against Wachs after the father managed to get the attention of Assistant State Attorney Brad Copely when an injunction for protection hearing was rescheduled late last month.

"I think this is an example of us moving in a direction where we take legitimate issues that require prosecution and move them to an area of persecution," said Wachs' attorney, John Liguori.

He says Wachs was not yelling out in ecstacy.

"It's my understanding that there was another individual in her home whose name is John, that she was calling him to come help her," explained Liguori. He tells us Wachs had taken her chemotherapy medication the night before and was tired.

A comment from Wachs' lawyer:

"A 15 year felony for a neighborhood dispute?" questioned Liguori, "I think number one, they don't like people speaking out and challenging their authority. Number two, I think we have a rich history of the sheriff micro-managing people's lives. We see it in all of the operations he does, bringing people in from all over the world to arrest them and third, I think they facially believe this is a violation of the law."

Channel 10 refused to name the neighbor, saying he was the parent of a victim of apparent sexual offense. However the Lakeland Ledger did name him, and the paper pointed out this happened at 8:30 am.

Wachs made the noise in an effort to make the boy stop playing basketball outside her house on Lake Victoria Drive, a complaint affidavit says. She told him to stop shooting baskets because she was trying to sleep.

A Polk County sheriff's detective began investigating after the boy's father, Otto Lehman, filed for an injunction for protection against Wachs in April.

A complaint affidavit says the boy played basketball near Wachs' home about 8:30 a.m. and she yelled through an open window for him to stop.

Lehman and his son, Forrest, returned later and she started to yell "Oh John," repeating it "over and over again and kept increasing the volume until it was a loud scream," according to the complaint affidavit.

Sounds like a very influential neighbor got the attention of some important state leaders.

I doubt she is liked very much by her neighbors, but that is most surely not the point at all.

Good for the Lakeland Ledger for taking a stand on this.

[SpiralHawk]

1. "I'll have whatever she's having." - Sex-Deprived Fundies of America

[fascisthunter]

2. so the arrest was motivated by bigotry because of her atheism?

[madfloridian]

3. Also the atheist group is filing a lawsuit against the sheriff...

for taking basketball hoops from the county jail, paid for by the public, and giving them to churches.

[fascisthunter]

4. GOOD! Sick of self-righteous losers hiding behind a religion to oppress others

[sarcasmo]

24. +1

[ThomCat]

5. Definitely seems that way.

It definitely seems like clear violations of her constitutional rights on several grounds, and blatant discrimination against her because she is an atheist.

This sheriff seems like the most meddlesome and micromanaging type of busybody you'd never want to see as your local law enforcer.

[steve2470]

6. That's a wonderful and brave stand by the Ledger

It would have been far easier if they could have ignored it. I'm sure they will lose business over that editorial.

[madfloridian]

11. That will not be a popular stance.

And they will hear from people against it. You are right.

[hootinholler]

7. So it would have been ok if she was actually having an orgasm?

Note to self, never move to Lakeland.

:rofl:

-Hoot

[piedmont]

25. Yeah, that's what I want to know.

:thumbsup:

[petronius]

35. It's like yelling "Fire!" in a theater - can't do it if there is no fire

Likewise, making sex noises in the absence of sex is prohibited.... :)

[Vinnie From Indy]

8. WTF?

I will venture that the offended parent has cable TV which shows DAILY dozens of people having sex, making noises like they are having sex, talking about sex and much more. This is beyond ridiculous.

[madfloridian]

9. She has been in jail since Sunday. Today her lawyer is supposed to be in court.

I have been watching for news about it today, but nothing yet.

That is a week in jail for making noises that sound like sex noises.

[madfloridian]

10. Be sure to watch this video from Fox News local channel. Very fair.

http://www.myfoxtampabay.com/dpp/news/local/polk/woman-still-jailed-on-sex-noises-charge-05042011?CMP=201105_emailshare

Take a look at the neighborhood, very nice one apparently. Take a look at the woman, a retired lawyer, well-spoken.

This is a situation out of control.

[madfloridian]

12. They confiscated her computer with deposition data on it. It's outrageous.

Let’s see if we have this straight. EllenBeth Wachs, a noted Polk County atheist who belongs to Atheists of Florida, was arrested in early March, charged with practicing law without a license, simply based upon the say-so of three individuals with whom she has clashed: Gow Fields, the mayor of Lakeland; Ann Gibson, legal affairs coordinator for the Polk County Sheriff’s Office; and Stacy Butterfield, a board member of the homeowners association in the subdivision where Wachs resides. Butterfield also happens to be the director of finance and accounting for the Board of County Commissioners.

...Her computer and other personal effects were confiscated. On her computer was the information and other documentation that was to be used during the deposition. Without that data, the deposition had to be rescheduled.

But wait for this part:

But a private dispute between Wachs and the homeowners’ association in her subdivision, of which Butterfield is an officer? How did that appear on the state attorney’s radar screen, and why?

Without question, Wachs and Atheists of Florida are a thorn in the side of a number of people and institutions. Her organization advocates an unpopular belief and does so vociferously. That she chooses to exercise her right to freedom of speech and does so in a manner in which she was educated, trained and once licensed to practice (in Pennsylvania), is her right.

As is her right to use the term “Esq.” or “esquire,” since no Florida law forbids its use by anyone not licensed to practice law in the state. Hanging a criminal prosecution on the use of this word and the impressions of others is, well, to put it bluntly, a little flimsy.

http://www.lakewalesnews.com/articles/2011/04/30/opinion/columns/doc4dbb18aa3b21b250265529.txt

[Prof Lester]

34. Where is this place.. communist China? Bulgaria? What?

These officials act just like Trotskyite communist scum. How did this happen? How did the communists take over down there?

[bertman]

13. If my wife starts screaming out "OH JOHN!! OH JOHN!!" when we're having sex

she's in BIG trouble.

REC.

[JDPriestly]

14. I wonder what evidence they will bring to the trial?

How do they prove that she was emitting sex noises and not some other sort of noise? And what ordinance or law will they claim to be enforcing.

Will they bring a tape? Will the witnesses (I'm especially thinking here of the 10-year old), imitate the sounds heard?

That is going one very packed courtroom.

Can't wait to hear all about what happens at trial.

[madfloridian]

26. The judge today ruled she can not make unusual noises in her home.

I can't wait either. She could get up to 15 years for this.

[JDPriestly]

27. "unusual noises"? 15 years?

Has she had a trial? What precisely are the charges? Disturbing the peace? I have difficulty believing this. She was in her own home.

[madfloridian]

28. They are equating the noises she made to simulating sex acts.

The story is quite true, I would not post it otherwise.

It is a power play. That charge could bring 15 years.

[Name removed]

15. Deleted message

Message removed by moderator. Click here to review the message board rules.

[era veteran]

17. Fuck the north, Evil Minnesota giving us Bachman.

Stick your regional bias up your ass.

[krabigirl]

18. Thank you. Nt

[txwhitedove]

21. Thank you.

[Dappleganger]

22. Oh dear lord, yes.

[Moses2SandyKoufax]

23. It's one house district.

Until the state of Minnesota regularly elects people like: Rand Paul, Jim DeMint, Bob Corker, Jeff Sessions, Richard Shelby, Thad Cochran, Bill Frist, Trent Lott, Saxby Chambliss, Marco Rubio, Robert Bentley, Haley Barbour, Mark Sanford, Nikki Haley, Johnny Isakson, Tom Coburn, Rick Perry, Mitch McConnell, Mary Fallin, Jim Inhofe, Jesse Helms, Strom Thurmond, John Boozman, Mike Huckabee, David Vitter, Phil Gramm ect... to state wide offices I wouldn't talk if I were you.

[Beth in MN]

29. Thank You!! We all have our share of loonies

Still mad that Larry Craig had to pick Minnesota to get his crazy on.

[era veteran]

36. I will call out regional prejudice every time it occurs.

It would be tedious to match one for one assholes. Are you prejudiced against the south? I give my Minneapolis wife crap all the time on Bachman. Everywhere are crazies. Goddamn!

[Moses2SandyKoufax]

39. As a liberal,

(and considering the fact that the south has made more negative contributions to national politics than any other region) no, I don't have a favorable view of the south.

It amazes me that southerners actually expect progressive from other regions to have positive opinions of their region. If those from the south, and other red states were happy with the political climate of their state(s) they wouldn't be posting here.

[era veteran]

40. Thanks for your mature reasoned support for the South.

It is so hard being a liberal-progressive in parts of the South. There are lots of hurdles to cross. The fact that no knowledge dunderheads in our own party work against us is one that hurts the most. WTF do you really know of the South that makes you such a sanctimonious Quisling?
I could post acres of shitty Northern Pols but that does not help either. Thanks for that Nixxon thing from CA, what a gem. Piss on your post.

[Moses2SandyKoufax]

41. The fact that you have to go back 40 years

for that last Nixon blast says it all. Look me up when voters in your region finally decide politics should be about more than theocracy, flag pins, worship of weapons/military, and discriminating against Americans they don't happen to like.

BTW, maybe you'd get more support if "democrats" from your region didn't actively run away from the national party and its platform.

[ornotna]

42. Nope, don't have to go back 40 years

Ronald Reagan was born in Tampico, Illinois

George Herbert Walker Bush was born in Milton, Massachusetts

George W Bush was born in New Haven, Connecticut.


Everything you mentioned above can be found up north and you know it. Don't be so obtuse.

[Name removed]

43. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Name removed]

44. Deleted message

Message removed by moderator. Click here to review the message board rules.

[madfloridian]

16. LTTE from a sheriff's supporter....questions big use of force at her home.

http://www.theledger.com/article/20110502/EDIT02/110509894/1037/edit02?Title=Raid-on-Atheist-Leader-Scary

"But when I read that more than a dozen sheriff's deputies, many of them in SWAT-style paramilitary gear, descended on her home, I couldn't help but think this must be happening in some place like Tiananmen Square. Not only did this dozen or so deputies come to her house, arrest her and hold her employees at gunpoint, but they "proceeded to systematically tear apart her house," Marston writes, and search her cars.

Just imagine how terrifying it would be — a small platoon rushing a house to arrest a woman engaged in a peaceful but annoying difference of opinion with local government, not because of anything she did, but because she had the audacity to use the honorific "Esq." after her name — something this retired lawyer had undoubtedly done over and over in her professional life.

So what gives? I have ignored this amusing diversion without having formed an opinion one way or another on the use of prayer prior to a meeting, although I have noticed that those elected officials mouthing the words don't seem to be following the spirit of the prayers. Still, no big deal, either way.

I have been behind Sheriff Grady Judd with everything he has done since he's been in office. But I don't understand this."

[themadstork]

38. And our lovely nation continues its descent into becoming a police state. . .

The poor lady has MS and takes chemo. Do these sickos have no shame? And no doubt this dad will be the first guy ti cite himself as a patriot and righteois defender of the constitution.

[madfloridian]

19. Judge granted bail, the case will move ahead. So it continues.

Judge Stargel is a former Florida House member, and his wife is one now. I once called his office about his extreme stances on abortion. I got a lecture from his aide on how abortion is murder, and he considered it his job to uphold God's law. That was shocking.

http://www.theledger.com/article/20110506/NEWS/110509549/1001/business?Title=Judge-Gives-Embattled-Atheist-Ellenbeth-Wachs-Bail-and-A-Warning-

"Circuit Judge John K. Stargel set her bond at $6,000 — including $5,000 for the new charge and $1,000 for a March 3 arrest on charges she posed as a licensed lawyer.

Stargel ruled Wachs, 48, could have no contact with the Otto Lehman family, which lives next door to her on Lake Victoria Drive in Lakeland. Her pretrial release also prohibits her from having contact with any minors, Stargel ruled.

Since the victims in the case live next door to her, Stargel said Wachs will have to go out of her way to avoid them.

"Don't approach them," he said during Friday's bail hearing. "Don't make gestures toward them, don't make noises or anything that would be unusual."

That is so ridiculous, it's pathetic.

Read the rest of it.

This is la la land, where the judges uphold the law of God. Being an atheist means she is their enemy.

[dmr]

31. I wouldn't trust those neighbors to make up more stories & problems

When the kid stopped bouncing his basketball that early morning, the dad just had to show who's boss by going out & bounce the ball himself. For that he showed his true intentions, & that was to start something with her.

The dad was probably disappointed that he hadn't provoked her enough to come out to argue with him. So when he heard her continuously call out to her friend (who was possibly asleep in another room), he decided to call it a sex act performed in front of his son.

Anyway, now she's able to return home but forbidden to have any contact with that family, especially the minor child.

She needs to protect herself, because the man next door has already proven his dishonesty & I wouldn't trust him not to provoke or, again, just blatantly accuse her of something she did not do.

Because of fear of provocation or outright lies, she's not even safe in her own home. It would be their word against hers, & the law unfairly will negate her word.

:argh:

As far as the use of Esquire, or Esq. I had a co-worker in Miami that used it after his name, as did his brother. My co-worker is a pharmacist & his brother is an accountant. I asked him once why he used it, & he told me that his dad, uncles & grandfathers used it, & that it just seemed the right thing for him & his brother do, too.

[radhika]

20. What about noisy services in Pentecostal storefront churches?

There are lots of noisy things that go around in residential neighborhoods. If a politically connected atheist (yeah, that really quite funny in today's USA) were to complain about being exposed to sounds of JeHyazus entering a worshipper, or the spirit moving them - would the cops step in? Would the judge impose these standards?

[Anakin Skywalker]

30. Scary!

[ProdigalJunkMail]

32. I guess

Bill S. Preston, Esq. is screwed...

sP

[rucognizant]

33. Dear God in Heaven...........

Goddess has been bumped to the floor!.............
Does anyone know what it's like to be on Chemo?
They, Drs, include medically sanctioned DRUGS in the dose..............steroids; if you are an athlete you are penalized for using, if you are a cancer patient, it sometimes prescribed! You are not fully cognizant SOME TIMES.....
Time to boycott Fla's tourist trade! If you can't even be gravely ill in your own home there.
Total nightmare!

[russspeakeasy]

37. Go Lakeland ledger.