An Alabama man, who was ticketed during a traffic stop last year, revealed that he was given an ultimatum by a judge. He was ordered to either apologize to the police officer for his use of offensive language, specifically saying, “Get your ass out of the way,” or face a potential jail sentence of up to 30 days.
Reginald Burks is willing to give up his freedom because he believes that his First and Eighth Amendment rights have been violated. He argues that his freedom of speech has been infringed upon and that he is being subjected to a punishment that is both cruel and unusual. Although it is prohibited by Alabama law to use “abusive or obscene language” in public, Burks has not been charged with disorderly conduct and he does not believe that the word “ass” is specifically prohibited by the law.
In an interview on Monday, Burks, 39, emphasized that the word in question is not a curse word but is actually mentioned in the Bible.
At around 7:38 a.m. on December 13th, a police officer in the small town of Ozark, located in southeast Alabama, stopped Burks as he was taking his son and daughter to school.
After wrapping up his work in the wee hours of the morning, Burks, a resident of Skipperville located approximately 10 miles away from Ozark, had a brief sleep of around two hours. He then promptly rose from his slumber to prepare his 14 and 8-year-old children for school.
According to Burks, the officer who pulled him over accused him of driving above the 25 mph speed limit without providing specific details. However, Burks was skeptical of this claim and decided to inquire about his actual speed. To his surprise, the officer admitted that his radar gun was malfunctioning and instead used the cruise control on his own vehicle to estimate Burks’ speed. Unconvinced by this unorthodox method, Burks simply requested the officer to issue him a ticket. Following the ticketing process, the officer stood in front of Burks’ car.
“He stood there, refusing to budge,” Burks recounted. “I politely asked him multiple times.”
Burks recounted the incident, stating, “I told him, ‘Sir, please step back and move out of the way.’ He responded, saying, ‘You can go. Just go around.'”
Burks responded by telling the person, “Please move so I can safely take my children to school. It is important to remember that your behavior can influence your pay.”
As Burks left the scene, he expressed his regret to his daughter for the heated argument.
The inquiry was not immediately responded to by the Ozark Police Department.
Last month, Burks went to court fully prepared to admit guilt, pay the fine, and move on from the whole incident. However, after paying a total of $211.12, which included a $20 fine along with service and court fees, Judge Nicholas Bull of Ozark Municipal Court surprised him with an additional requirement. Burks was told that he must also write an apology to the officer, as it was alleged that he had cursed at him. A copy of the order, shared with NBC News, confirmed this unexpected demand.
Burks refused the offer. According to him and his attorney, if he doesn’t present the letter during his next court appearance on June 4th, he may face a jail term of up to 30 days.
According to attorney David Harrison, his client is facing consequences for expressing protected speech that is unrelated to the traffic situation. Harrison believes that this case reflects the biased treatment towards African Americans in Alabama, suggesting that the system is not fair for people of color.
“This man is facing conviction for something they couldn’t successfully prosecute in court,” Harrison maintained. “The real offense here is his refusal to apologize, and that’s what bothers me. It’s a violation of constitutional principles and, in my 33 years as a lawyer, I consider it one of the most unsound decisions I’ve ever come across.”
All three individuals involved, including the police officer, the judge, and Harrison, are of Caucasian descent.
The judge, Bull, has not yet responded to requests for comment.
According to Professor Jenny Carroll from the University of Alabama School of Law, she shares Burks’ opinion that the word “ass” does not fall under the category of obscenity, as per the definition provided by the Federal Communications Commission.
According to Carroll, judges possess the power to exercise their discretion when it comes to sentencing and can incorporate certain conditions as part of a sentence. These conditions may involve requiring a defendant to issue an apology. It is not unusual for a judge to penalize a defendant for their lack of remorse or failure to express any form of apology.
However, she raised concerns about whether the judge’s order aligns with the severity of the offense.
“The speeding was the actual offense that was charged, not the use of profanity,” Carroll explained. “So not only is the judge penalizing a crime that the individual was not even charged with, but furthermore, it would be difficult to find anyone who believes that a 30-day jail sentence is an appropriate punishment for someone who simply uttered the word ‘ass’ out of frustration. If you examine the details of this case, that’s precisely what occurred.”
The unique aspect of this case is not just the timing of the apology, but rather the severity of the punishment that sets it apart. The judge is imposing consequences based on the lack of remorse shown by the individual.
“It’s really unusual,” she remarked, “which raises some questions about proportionality.”
According to Burks, he is challenging the decision not only because he and his attorney find it constitutionally unsound, but also because he is concerned about the potential negative precedent it could set. He worries that this decision may lead to the wrongful punishment of other drivers, particularly those who belong to marginalized communities.
“I believe that an apology is owed to me and my children before it is owed to him,” Burks expressed. “After all, my kids received tardy marks in school as a result.”
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