http://www.latimes.com/news/local/la-me-swear28feb28,0,7034186.story?coll=la-home-headlinesPhD student sues over citation for swearing at airport
By Roy Rivenburg
Times Staff Writer
February 27, 2007
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Last summer, Elizabeth Venable of Riverside was cited for disorderly conduct after she allegedly yelled obscenities to a friend while exiting the airport's baggage claim area. An Orange County sheriff's deputy, noticing several families with small children nearby, "asked Venable to please watch her language while at the airport," according to court documents. Venable allegedly replied, "Is it against the
law to say ?" Yes, it is, the deputy advised.
Venable, who is studying for a PhD in dance history and theory at UC Riverside, was charged with violating a county ordinance that bans "disorderly, obnoxious and indecent" behavior at the airport, a misdemeanor. Prosecutors later added a disturbing the peace charge based on her allegedly "loud and unreasonable" noise.
Venable, 26, is fighting back on two fronts — a 1st Amendment lawsuit in federal court and a criminal defense in Orange County Superior Court. The federal suit contends that the airport behavior law is unconstitutionally vague and squelches free speech. A motion filed by Venable's attorneys in Superior Court echoes the federal lawsuit in more detail.
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A Superior Court judge recently threw out the disturbing the peace allegation against Venable, but ordered her to be arraigned in March on the disorderly conduct charge.
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