In an unusual turn of events, an Alabama man is facing up to 30 days in jail for refusing to apologize to a police officer he told to "get your ass out of the way" during a traffic stop last year. Reginald Burks, 39, argues that his First and Eighth Amendment rights have been violated, and he is prepared to sacrifice his freedom to defend them.
Burks was pulled over in the small town of Ozark, Alabama, while driving his children to school. He was ticketed for allegedly exceeding the 25 mph speed limit, a charge he disputes. The officer claimed his radar gun was broken and estimated Burks' speed using the cruise control on his vehicle, a method Burks found unconvincing.
The situation escalated when the officer, after issuing the ticket, stood in front of Burks' car and refused to move despite being asked twice. Burks then told the officer to "get your ass out of the way," a phrase that has since landed him in legal trouble.
Despite Alabama law prohibiting the use of "abusive or obscene language" in public, Burks has not been charged with disorderly conduct. He argues that the word "ass" is not barred under the law, stating, "It's not a curse word. It's in the Bible."
After paying a fine of $211.12, Burks was ordered by Ozark Municipal Court Judge Nicholas Bull to write an apology to the officer for his language. Burks declined, and now faces up to 30 days in jail if he does not submit the letter at his next court appearance on June 4.
David Harrison, Burks' attorney, argues that his client is being punished for protected speech unrelated to the traffic situation. "This man is being convicted for something they couldn't charge him with and win at trial," Harrison said. "The crime here is not apologizing and that's my issue. It's not constitutionally sound."
Jenny Carroll, a professor at the University of Alabama School of Law, agrees with Burks that the word "ass" is not an obscenity as defined by the Federal Communications Commission. She also raises questions about the proportionality of the punishment, stating, "I think you would be hard-pressed to find a person who would say 30 days seems like an appropriate sentence in jail for somebody who uttered the word ass in frustration."
Burks and his attorney are not only fighting the decision because they believe it to be constitutionally unsound but also because they fear it could set a dangerous precedent, particularly for drivers of color. "I think I deserve an apology and my kids deserve an apology before he does," Burks said. "Because they got a tardy in school."
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