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The Ogden City Council is considering a new ordinance aimed at squelching obscenity-laced outbursts that have erupted too often during city-sponsored recreation programs.
"We want people to come to our sports events and feel safe and comfortable and to not have to listen to a bunch of idiots who can't control their anger," said Ogden Public Services Director Jay Lowder.
Lowder expressed frustration over a lack of civility that he said has undermined youth sports programs that should be fun and healthy. City employees who officiate at games have been assaulted in the past after ugly verbal altercations escalated to physical violence.
"I'd like to have something that protects our officials, employees, umpires and referees," Lowder said. "The trend is going up and the frequency is more often — we need it to stop."
In the context of disorderly conduct that disturbs the peace, the proposed ordinance would prohibit obscene or profane language in city-owned parks, playgrounds and recreational facilities. The ban also extends to city-sponsored recreational events and programs. Violators could be charged with an infraction and pay a fine of up to $750, while persistent use of foul language could bring a class C misdemeanor charge, punishable by up to 90 days in jail and a $750 fine. The city council discussed the proposed ordinance during a work session. If the council eventually approves it, Lowder intends to post signs at city parks and facilities, warning people to watch their words.
Councilwoman Amy Wicks, a self-described free-speech proponent, called the ordinance well-intentioned but heavy-handed. Wicks would prefer to see the problem handled differently.
"I don't think its right for us to come up with something that is ambiguous and difficult to enforce," Wicks said. "It doesn't seem like good legislation to me."
Brian Barnard, a civil rights attorney in Salt Lake City, had two words for it: "Clearly unconstitutional."
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They want to outlaw profane or obscene language and that kind of language is protected by the First Amendment," Barnard said. "What is not protected is fighting language or threatening language. If I challenge you to a fight or threaten to harm you, those words are already criminalized, and should be."
Enforcing the ordinance could be difficult, he added.
"They say signs will be posted," Barnard said. "Will they list the words we can't use — and who decides?"
John Gullo, an Ogden businessman and transplant from Niagara Falls, scoffed at the whole discussion.
"Sometimes two people are going to yell at each other," Gullo said. "To pass an ordinance that makes it something a police officer has to handle in his normal line of duty is a waste of money. You cannot legislate morality — you breed morality."
The core of Ogden's proposal came from a phrase that has been on West Valley City's books for years, making it illegal to "use abusive, threatening, profane or indecent language in any park or playground."
"It's one of those things where it's in code but is never used as a primary offense," said Aaron Crim, public relations director for West Valley City.
"I spoke to our legal department and police officers and they don't ever remember citing someone for that," Crim added. "If someone is just spouting off swear words, it would be a warning. If it's threats that could lead to violence or a riot, they would turn to this code."
Ogden's proposed profanity prohibition
"Pursuant to Utah Code Annotated section 10-8-50…no person shall engage in disorderly conduct…or disturb the peace by using obscene or profane language, in any park, playground or recreational facility owned or used by the City, or at any recreational event that is organized, operated, managed or sponsored by the city."
Source • Ogden City