Hell Yes! Virginia Legislator Pushes To Decriminalize Swearing In Public

WAMU – by Martin Austermuhle

When Liz Snook wanted to hire a nanny a few years ago, she did what many parents do: she ran a background check. And she was surprised with what she found — her nanny had once been charged with swearing in public in Virginia.

“I thought that was such a bizarre charge and I didn’t know why it would show up,” says Snook, an attorney in D.C.  

The answer is simple: because it’s against the law. The Virginia Code has long made it a misdemeanor to “profanely swear or curse” in public, and any transgression can result in a $250 fine.

But when state delegates and senators gather in Richmond in January for Virginia’s annual legislative session, one Republican delegate will try to change that. Del. Michael Webert (R-Fauquier) has for the third time in as many years introduced a bill that would decriminalize swearing in public, a charge he contends is antiquated, obsolete and likely to make a criminal out of even the most honest and honorable of the commonwealth’s citizens.

“I farm for a living. The guys that work for me are a little on the rough side. They are good people, but we tend to say things that are brightly colored,” he explains. “Every once in a while the farmer comes out in me. I’d rather not get hit with a misdemeanor.”

It’s unclear how long the offense has been on the books, or just how extensively it’s used across Virginia. But when Snook inquired as to why her nanny had been charged with uttering a naughty word in public, a county official told her that it sometimes serves as a catch-all charge for people who are drunk.

“He said, ‘This is basically our sorority girl charge,’” says Snook, who worries that its flexible use could lend itself to overuse. “It’s an easy charge to throw at someone. It definitely could be abused.”

It’s also of questionable constitutionality, says Webert. Almost three decades ago, the Virginia Court of Appeals declared a similar ordinance in Virginia Beach to be an unconstitutional infringement on the First Amendment.

“Here the commonwealth is sitting on a liability because the Virginia Beach ordinance has already been struck down in court,” says Webert.

But despite those arguments and concerns, Webert’s bill has stalled twice in the General Assembly, most recently earlier this year. And his efforts have not dissuaded counties across Virginia from adopting their own versions of a profanity penalty. In 2015, Arlington County upped its own fine for public swearing from $100 to $250, to match the state offense. And in Fairfax County, cussing can cost you $117.

Webert says he thinks most of his fellow delegates either don’t think decriminalizing swearing is worth their time, or don’t want to be painted as being against a law seen as promoting decency — even while the legislative process itself in Richmond can see some indecency now and again.

“A few choice words have been used in session,” he says. “It’s a good thing Capitol Police is not going to use [the law] because technically we were in a public place.”

This isn’t the first time Webert has worked to repeal old laws. In 2012, he supported a bill that reversed the commonwealth’s ban on motorcyclists riding two abreast. Webert says the law was based on years-old fears over motorcycle gangs, and served no current safety function.

The General Assembly will convene on Jan. 10 for a 60-day legislative session.

WAMU