Montgomery, AL: A guy in Alabama told a police officer, “Get your ass out of the way” after getting a ticket during a traffic stop last year. He says he was told by a judge that he had to either say sorry to the officer for swearing at him or go to jail for up to 30 days.
But Reginald Burks says he is ready to give up his freedom because he thinks his rights under the First and Eighth Amendments have been violated. He says that someone is limiting his right to free speech and that the punishment he is getting is harsh and unreasonable. In Alabama, it is illegal to use “abusive or obscene language” in public. But Burks has not been charged with disorderly conduct, and he doesn’t think the word “ass” is illegal either.
“It’s not a curse word,” Burks, 39, said in an interview Monday. “It’s in the Bible.”
A police officer pulled Burks over on December 13 at 7:38 a.m. in the small town of Ozark in southeast Alabama. He was on his way to take his son and daughter to school.
About 10 miles from Ozark, Burks lives in Skipperville. He said he got off work at 4 a.m., slept for two hours, and then got up to get his 14- and 8-year-old kids ready for school.
Burks said that the police officer who pulled him over told him in general terms that he had been going faster than 25 mph. Burks said he asked the cop how fast he had been going because he didn’t think that was true. He told the officer that his radar gun wasn’t working, so he used his car’s cruise control to figure out how fast Burks was going. Burks said he told the cop that wasn’t a good way to handle things and that he should just write him a ticket. He said that the cop stood in front of Burks’ car after writing the ticket.
Burks said, “He just stood there and wouldn’t move.” “I asked him twice in a polite way.”
Burks said, “I told him to step back and get out of the way.” “He told me, ‘Go.'” “Go around.””
He told him, “Get your behind out of the way so I can take my kids to school,” Burks said. You are underpaid because you act stupid.
After the argument, Burks drove off and told his daughter he was sorry.
Last month, Burks went to court ready to admit guilt, pay the fine, and move on with his life. Osborn Municipal Court Judge Nicholas Bull told him that he had to write an apology to the officer for reportedly swearing at him after he paid the fine, which was $211.12 and included a $20 fine, as well as service and court fees. An NBC News copy of the order shows this.
Burks went down. He and his lawyer said that he could spend up to 30 days in jail if he didn’t turn in the letter at his next court date on June 4.
That’s not what makes this case different from others, she said; it’s the “disproportionate punishment.” The judge is telling the person what will happen if they don’t show regret.
Not only does Burks and his lawyer think the decision is against the Constitution, but Burks also says he is fighting it because he thinks it will set a bad example and lead to other drivers, especially black drivers, being wrongly punished.
