Wednesday, September 10, 2014

"Dark Lord" Arrested Charged With Unlawful Symbol Burning (Burned a Bible and Put it Out With...)


We should all feel safe now that the police have succeeded in capturing the one who has been bedeviling humanity and the Church all these millenia,
PHOENIX (Reuters) - "A 22-year-old Arizona man calling himself 'Dark Lord' has been arrested for allegedly burning a Bible and urinating on it outside a Christian-oriented homeless shelter in northern Arizona, police said on Friday.
Eric Minerault was booked into the Yavapai County Detention Center late on Thursday on suspicion of one count of unlawful symbol burning stemming from the incident at the Gospel Rescue Mission, Prescott police spokesman Lieutenant Ken Morley said in a written statement."
"Minerault was clad in black and was wearing a black-and-red robe and a pentagram necklace."

Unlawful symbol burning? Does that mean an unlawful symbol cannot be burned or does that mean that it is unlawful to burn a symbol. Even the ACLU can't figure this one out,
"Dan Pochoda, legal director for the American Civil Liberties Union of Arizona, said the arrest raises questions as to whether Minerault’s First Amendment freedom of speech rights were violated. But Pochoda, who was not familiar with the charge cited, said courts have upheld laws that bar symbols like crosses from being burned."
(Full story here as reported by David Schwartz in Phoenix; Editted by Dan Whitcomb and Bill Trott)
"Bar symbols"??? now I am confused.

Since the reporters didn't follow through with this obvious hole in the story, a quick search of the Arizona statutes turned up the code(s) in question (I have included links to current code(s)),
13-1707. Unlawful cross burning; classification
A. It is unlawful for a person to burn or cause to be burned a cross on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be inferred solely from the act of burning a cross, but shall be proven by independent evidence.
B. A person who violates this section is guilty of a class 1 misdemeanor. 
13-1708. Unlawful symbol burning; classification
A. It is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be inferred solely from the act of burning the symbol, but shall be proven by independent evidence.
B. A person who violates this section is guilty of a class 1 misdemeanor. 
It does appear that the legislation would prohibit the burning of any "symbol" when done without permission or (no "and" in the letter of the law) with the intent to intimidate.

I think the Dark Lord may get out of this one if he can dredge up a Dark Counselor to help him at his court appearance. I know there are a few Counselors, dark or otherwise, that our Episcopal organization might lend him if he can't find one on his own. 

2 comments:

  1. "Mr. Beers has been listed in every edition of Best Lawyers". That combination "Best Lawyers" Makes me laugh. By the way, this is based on 'peer review'.

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    1. There was the story about the priest, the doctor and the lawyer adrift in a life raft surrounded by sharks and low on supplies. They agreed that one would have to jump in with the sharks so that the others would have a chance to live. The doctor said that he would have to stay on the raft to tend to the physical needs of the other survivor. The priest said he should stay to tend to the spiritual needs of the other survivor. The lawyer said that it he would jump into the sea. He did, and the sharks ignored him. The priest raised his hands and said "It's a miracle!" The doctor shook his head and said, "It's professional courtesy."

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