LeBaronLogic

Innocuous A.F. McDonalds Rap Order or Disorderly Conduct?

CAVEAT: This is neither an official response from American Fork City (as a Council Member); nor a legal opinion (as a private lawyer).

The following is an email sent to an American Fork Citizen.
It should also be noted that I am not running for re-election during this municipal election cycle.

Dear Citizen:

The McDonalds Rap Order situation where 4 youth were cited for Disorderly Conduct is being looked into internally with American Fork's Police Chief and officers. This obviously has generated much interest with the media as well. We are also following for the police report with statements. Apparently there are no independent witnesses nor an audio or video recording. As is the case with most things, there is often another side. If indeed it was an innocuous rap order, they were asked to leave and did wiithout incident, no harm no foul. Even Taco Bell has a commercial featuring a drive through rap order. One wonders if the order were placed in an opera or a motab version without incident, whether a complaint from McDonalds would have been made.
However, if the conduct meets the statute below in the opinion of the officers, then a citation is issued. It is then up to the prosecutors to determine if the case has "prosecutorial merit" to pursue, based upon the police report and other submissions.
What's important is that judgment should be withheld until all the facts are in. We should not rely soley on media reports without seeing the whole picture.
We have a fine police chief and police department who are well respected for their community policing effort. Our police department have a good reputation and uphold and enforce the law. If a mistake was made by anyone in this incident, appropriate steps will be taken to correct it. The statute follows:

Utah Code Annotated: 76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Note: An infraction is equivalent to a traffic ticket.

Best regards,

Shirl LeBaron

Moving Massive Bridges

BORED? Want to witness a historic amazing event? Tonight, Friday 10/16, between 9:00 and 9:30p, park in the Park-N-Ride on the west side of the main street I-15 exit in Am. Fork. You will then be ushered to a safe place to witness a fantastic event from 10p to 3am described in the link. (Can watch all or a part). The link also shows an animation of the unbelievable Diverging Diamond Interchange being built.

Pioneer Crossing

Source: www.udot.utah.gov

AMERICAN FORK - The longest, heaviest concrete bridge ever moved, to date, using accelerated bridge construction techniques will slide across I-15 and into place near American Fork's Main Street interchange during the late night and early morning hours of October 16-19.

Of course, you can checkout any time you like, But you can never leave! wink wink. You can watch any portion you would like between 10pm and 3am. Come and Go.

Actually we all feel like that in traffic, this new configuration will help aleviate some of the Hotel-California-stalled-traffic-syndrome

 

WW Clyde (Constructors) have another animated video, with MUSIC! Imagine that.
http://www.youtube.com/watch?v=r7s4bQ8r4oo

 

American Fork This-n-That & Other

Some random thoughts my children would think are strange like their dad:

• Monday is the last day you can register on-line for the Girls Golf Clinic for area girls 6th through 12th grade to be held Tuesday and Wednesday 10 - 6, 7.  Fee is $40 for 4 hours of professional instruction. This is  Am. Fork HS Girls Golf Team Fundraiser. Come and support the team and have fun. It's for all skill levels. For more information go to www.ladycavemengolf.com

• Monday is the last day for mail-in voter registration.  Download this voter registration form fill out and postmark by Monday 10-5. After Monday, you will need to register in person. 

• In- N-Out Burger Restaurant is under construction in Am. Fork (no longer do you need to drive to St. George for the cheeseburger animal style). Rodizio Brazilian Steakhouse and a very nice stand alone Chick-fil-A is coming near the old Sears/Kmart bldg.

• The United States Supreme Court begins their new term on Monday as well. Look for cases dealing with guns, Animal cruelty videos, Mutual Fund fees, Life without parole for juveniles, Prosecutorial Liability and of course how a "wise latina" in Justice Sonia Sotomayor will impact this branch of government.

• Wednesday Oct 14 is the Am. Fork Candidates Debate at Shelley Elementary School. Details can be found at the Am. Fork Youth Council Facebook Group site.

• Early voting for city elections begin 10/20 until 10/30. Identification to vote is required this year.

• National Health Care will likely be debated on the floor in the next 2 weeks, which will be interesting.

• David Letterman is now fodder for late night comedians, after revelations that he had sexual relations with women who worked for him. Nevermind he was being blackmailed, a 62 yr old man who has taken shots at everyone, even Sarah Palin's minor daughter is now taking, what he is used to giving out. Something about rocks and glass houses . . .   

• BYU is ranked #18 in the polls. Are they over-ranked? Perhaps, they certainly can play better on both sides of the ball in my opinion. But still a fan and supporter. My top 5 >> 1. Fla (not after LSU beats them Sat) 2. Texas 3. Alabama 4. LSU and 5. So. Cal

• The Utah Jazz are in Europe, emphasizing defense. They gave up over 100 pts on average last year. Lots of questions, but they are sure fun to watch with DWill getting even better.

• Rio gets the 2012 Olympics. President Obama went with Oprah to pitch his hometown, to no avail. What does this mean? Not sure, but it would have helped if he had brought some deep dish pizza from one of the downtown pizzarias.

• Baseball Playoffs . . . who cares.

• NFL Football . . . you certainly have to give Drew Brees QB of the New Orleans Saints some talk at this stage for MVP as well as Coach Sean Payton as Coach of the Year, but still early.

• High School Football . . . the Cavemen are 0-3 in Region IV action. PG is in first with Alta, Lone Peak and Brighton tied for 2nd.  Jordan, AF and Hillcrest are following. The Cavemen will need to win out vs. Alta, Brighton and Hillcrest to secure a spot in the top 4 of region to go to state. Here's hoping they can cowboy er neanderthal up.

• And 5 new LDS temples announced this weekend. 80% of church members will have 200 miles or less to go to temples in operation, under construction or just announced.