
EDITORIAL
By Robert Phillips
Deputy District Attorney (ret.)
I’ve been preaching for years that law enforcement officers must have a thick skin in those circumstances where a citizen is openly critical of an officer while that officer is attempting to perform his or her duties, so long as that person doesn’t physically interfere with the officer to the point where Pen. Code § 148(a)(1) is violated. (I.e. “...willfully resist(ing), delay(ing), or obstruct(ing) any public officer, peace officer...in the discharge or attempt to discharge any duty of his or her office or employment.”) But somehow, not everyone has gotten the word.
Take for instance San Diego’s Municipal Code § 56.27, where the powers-that-be enacted this ordinance and determined:
"That it shall be and is hereby declared to be unlawful for any person to be guilty of any offensive or disorderly conduct in or upon any of the streets, alleys, sidewalks, squares, parks, or in any store, or other public place in said city, and it shall be unlawful for any person to make any loud noise, or disturbance, or use any loud, noisy, boisterous, vulgar, or indecent language on any of the streets, alleys, sidewalks, square, park, or in any store or other public place in said city.”
Well, along comes a San Diego park ranger who used this ordinance in citing William ....