Tuesday, September 20, 2011

Just so you know

There has been some controversy recently over the response of Dane County authorities to protest activities that seem to be at the edge of - or somewhat past the edge of - lawful conduct. I don't know although I am not reassured when these authorites are unable to defend their conduct without adding condemnations of the Governor's policies. That sort of steps on the message of dutiful impartiality.

I do think that last week's dumping of beer on Senator Robin Vos should have been charged as criminal disorderly conduct- a class A misdomeanor. It was calculated - a step beyond two guys who toss beer at each other in a drunken argument or the woman who splashes wine in her boyfriend's face when he tells her that he wants to "see other people."

But probably no more. Battery requires the causation of bodily harm and I can't see that a beer shower qualifies.

But here is some free legal advice to the vuvezela and chant crowds. At last weekend's BobFest, noted Black Helicopter theorist Greg Palast suggested that one should drink the beer before pouring it on a Republican.

This is funny, you see, because if you drink the beer then you can only pour it on someone by urinating! It's not really beer anymore! That Pakast guy is on fire!

But here's the rub. There is case law to the effect that the act of throwing urine that strikes another and causes pain constitutes a battery. State v. Higgs, 230 Wis. 2d 1, 601 N.W.2d 653 (Ct. App. 1999) That'd be a Class A misdomeanor and, if a prosecutor decides and a jury is persuaded, that the harm is substantial, you're looking at a Class I felony.

It's your call.


jp said...


Display Name said...

How does a "misdomeanor" differ from a "misdemeanor"?

Rick Esenberg said...

Probably spell check.

Anonymous said...

Maybe its time for conservatives to start stalking Democratic lawmakers. Do unto others isn't it? Where does one buy a nice siren or maybe one of those vulvazeulas?