"Aggressive Harassment?" Get ticket--pay fine--write "fuck your shitty town, bitches"--get arrested?

Guy gets ticketed in Liberty NY for speeding. Admits guilt. Sends in ticket and fine from his state, noting “Fuck your shitty town, bitches,” among other comments.

Summoned and cuffed.

What the hell?
I’m sure the sentiment under similar circumstances has been thought innumerable times. I kind of applaud the guy.

Every year, when I do my taxes, I get creative with my profession. Things like fruit fly washer or whorehouse piano player. Additionally, I make any checks out to ‘the damned IRS.’ Never had a problem, complaint, arrest and the checks always get cashed.

When I registered for the draft in 1979, I wrote “fuck Jimmy” in the space that says “do not write in this space.” I’m still waiting for the black helicopters.

Can’t see how this doesn’t violate the first amendment.

Lemme make a speculative WAG:

Send in your traffic ticket with payment: You send it to the court, and it gets processed by the court staff. Writing Fuck You on ticket is thus addressed to the court, and is seen as Contempt of Court.

Send in your tax return to the IRS with various nasty remarks: Not processed by a court, so not Contempt of Court. The IRS doesn’t care. They just smile at all the squalling children, because they know will always get their way. All they want is your money. Stiff them on that, and you may be hearing from the guys in the black helicopters.

Same, probably with any correspondence to your draft board. Now, if it was in the days when there actually was a draft, that might have gotten you a notice that you really wouldn’t have liked.

True dat.

Has anyone heard of the crime “aggressive harassment?”

Not before this, but upon a Google search, I find that it is indeed a thing.

No. But Mr Barboza was charged with “aggravated harassment.” According to the article linked in the OP:

Yes, “aggravated” harassment. Stupid mistake.

In the First Degree. (Complete text in Spoiler below.)
In the Second.

Includes hang-up calls. Apparently publicly burning a cross, hanging a noose, or drawing, etching, etc. a swastica is illegal period.

But I, who ANAL, can’t see why you wouldn’t be in the clear for flipping off the government (police excepted, due to some other laws), since it is applicable only

with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person’s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct […]

[spoiler]

Penal

§ 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person’s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he or she has been previously convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or
3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property;
4. Sets on fire a cross in public view; or
5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real
property.
Aggravated harassment in the first degree is a class E felony.[/spoiler]

They sent me to Viet Nam. What the hell else could they do to me?

“Bitches” is generally considered a gender-based insult, and at least one female employee was probably involved in processing the payment.

The offense can be fit into the statute’s prohibitions, but the statute itself appears to reach conduct protected by the First Amendment.

Would have made more legal sense to charge him with indirect contempt for a contumacious act, even that would not hold up, IMO.

Village of Liberty. Town named ironically?

I’ll bet that 20% of the posts on the SDMB are in violation of that statute if read by a poster in New York.

Apart from the legal questions, having this guy arrested over an insult seems incredibly petty. I think it’s an abuse of power. One of the things you’re supposed to learn by the time you reach adulthood is that it’s not necessary to respond to every insult. They should have just deposited the check and let it go.

A driver travels at excessive speeds on city streets, the city calls him on it, he gets angry - and you applaud his conduct? :dubious:

Do you have some information that was not presented in that article (like was he maybe 1 MPH over the limit when he was ticketed), or are you just reflexively supportive of people who rebel against authority, whether it’s justifiable or not?

That’s more like passive aggressive harassment.

Look at your own state’s harassment statute. I bet its worded in a similar fashion.