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Winner of the Advocates for Self-Government Lights of Liberty Award!                           

 

    The Freedom Files

"Laissez-faire, laissez-passer, le monde va de lui-meme."

DIY since 2001…


 

Hello Freedomphiles! So I was standing there at Shell – a place I vowed to never go to again after someone ripped off my debit card number and fucked me over – trying to exchange a carton of Camel Turkish Jade Lights for a carton of regular old Camel lights, and telling the girl behind the bullet-proof glass what had brought me there.

You see, I had gone to the 7-11 on Pine Street downtown (for the last time) to get a nice, delicious, nutrition-free lunch – chips, dip, soda, and smokes. It was hot out, and a bit of a walk, so I just hung out at the magazine rack, thumbing through all the rags that wished they were Maxim, cooling off in the conditioned air.

That’s when I heard it – a really pissed off black woman berating the Bernie Mac-looking clerk – in the beautiful way only black women can – for being rude to her. Now, pay attention, kids – this is foreshadowing. She was basically verbally sticking it in and breaking it off, when a cop came out from the back and yelled at her for yelling. I guess they had the cops stationed there so that the clerks could be as rude as they wanted to be without getting shot. Well, the cop threw his authority all over the place like it was confetti and he was Rip Taylor, and eventually the woman calmed down and left.

Meanwhile, I’m doing my shopping: Doctor Pepper, Doritos, Rold Gold’s, more Doritos, dip, counter. I asked for a carton of Camel lights in the box. She went in the back for awhile, and came out empty-handed, saying that all the cartons were locked up in back. I wondered if that was the best place to keep something you were hoping to sell, but said, “Well, just give me ten packs, then.”

“I’ll have to charge you for the packs individually.” Those of you who smoke understand what this means. Those that don’t, imagine you’re at White Castle trying to get a crave case, and just because they are out of the actual crave cases, they are going to charge you full price for each individual hamburger, effectively doubling the price. The bitch of it is, though, that cigarettes come in cartons that they have to rip apart to sell them separately.

So I said, “Can’t you just charge for the carton and give me the cigarettes?”

“No.”

“Well, what do you do when a carton is damaged and you can’t scan it – throw it away?”

“I can sell you this carton of Turkish Jade.”

“Can you scan that carton but give me the others?”

“No.” Apparently, their inventory is so meticulous that they can distinguish between identical items. Maybe they name them. Maybe she was just so attached to Stewie, the carton that I wanted to buy, that she just couldn’t bear to part with it.

“Alright, I guess I’ll take that one,” I said, thinking they were those bizarre Kamel Reds cigarettes that have no discernable difference from any other. I paid for them, and turned to leave, when a line from Big Trouble in Little China just blinked into my head like The Great Gazoo: Beautiful green eyes, like creamy jade. Jade. Green. “Are these menthol?”

“No.”

“Can you check?”

“Fine.” She spent a moment examining a pack from the racks. “Yes.”

“Aw, man, I can’t smoke menthols.” Then, thinking I was cute: “Can I exchange these for a carton of Camel lights?”

“You’ll have to get a refund.”

“There’s no way to do this?”

“No.”

“You don’t have an empty, torn-up carton in the trash you could scan?”

Okay, here it comes.

“If you notice I’m not talking to you anymore, it’s because I’m ignoring you.”

You dirty fucking rotter.

I have to admit, it was a pretty clever way of being rude, and if I had been on the other side of the counter with her, there would be no way to hide my smile of appreciation. But I was on my side of the counter, where all the righteous indignation lives, and said, “Well, fuck you, you stupid bitch.”

Through a flurry of unheard insults, I stormed out of the store, deafened by inconceivable rage. Halfway across the parking lot, a persistent voice did finally make it through the furious fog. “Turn around, now!”

It was that cop. What did he want?

“What do you want?”

“I could arrest you.”

This pissed me off, so I started storming back toward him, saying, “Since when is it against the law to say fuck?” And then to stress my point, I continued walking toward him, saying, “Fuck-fuck-fuckedy-fuck-fucking-fuck-fuck” and as a final punctuation, arms spread Shawshank-style, at the top of my lungs: “FUCK!”

“Do you want me to take you in for disturbing the peace?”

Disturbing the peace? It was already over. I had been walking home. He stopped me. He antagonized me. If he hadn’t come along, I would have been still walking home, bothering no one, except my wife when she saw the Turkish Jades. If anything, he was disturbing my peace. This really pissed me off. This pissed me off more than the disco version of Anarchy in the UK.

Certainly, saying fuck in public – even screaming fuck in public – could not be disturbing the peace. If it were, I think the ACLU would have something to say about that. Actually, they did. Last year in Denver, they sued on behalf of Flying Dog Brewery and Pub over a law preventing bar owners from allowing profanity that “might lead to an altercation,” and won. In fact, this year in April, after an ACLU battle, the Michigan court of Appeals overturned the $75 judgment against Timothy Boomer for swearing in front of women and children, saying, “allowing prosecution where one utters ‘insulting’ language could possibly subject a vast percentage of the populace to a misdemeanor conviction.” They were both great victories for the First Amendment.

Now, if I had been cussing up a storm and refused to leave, I could see being arrested for trespassing, disturbing the peace, and whatever else. But I said my peace and left. It was over. If that’s all it took, everyone in the country that owns a hammer would have a criminal record. So no, I did nothing illegal.

Keeping all this in mind, I attempted to make my case to the officer: “Aw, fuck off,” I said, turning on my heels and storming away.

Back in that 7-11, I may have been right. Hell, I may have even been wrong. Regardless, it is not, and should not be, against the law to be an asshole, right or wrong. But we are creeping toward that every day. The thought police are all around us. People are ever more frequently being persecuted for their ugly thoughts or words.

One of the more extreme examples of this phenomenon is a man named C. Rodney Yoder, who has been rotting in a mental institution for over ten years for nothing worse than being a world-class prick.

Rodney Yoder has been to jail twice in his life. The first time was in 1979 for punching his girlfriend in the face. He got sent to prison for four years for felony battery, apparently having given the girl facial fractures. It wasn’t until he was already in prison that he discovered the prosecutor on the case had lied about the fractures, a fact that would have dropped his offense down to a misdemeanor.

He represented himself, fighting for his release, which drew the attention of his warden, Stephen L. Hardy. According to Yoder, Hardy threatened to keep him imprisoned by having him committed to Chester Mental Health Center. Chester, Illinois, incidentally, is the birthplace of the creator of Popeye the Sailor Man, and there is a giant bronze statue of the freaky-forearmed flake, a sight that makes me a little crazy when I pass by it in my armored car.

Well, whether Hardy threatened Yoder or not, Yoder certainly did end up in the institution at Hardy’s request. He stayed there for almost three months and was released.

Yoder’s second run-in with the law was in 1989. Just recently divorced and even more recently drunk, he hit his ex-wife with a chair and was again arrested, this time for aggravated battery. I never said this guy was a prince. Neither did anyone else, and he found himself in Menard Correctional Center.

When his sentence was up, you’d think Yoder would, having paid his debt to society, be released to try and do better, but when he left there, he went right back to Chester Mental Health Center, where he has been ever since. Curiously, CMHC is now being run by his old warden, Stephen L. Hardy.

This entire time, Yoder has practiced civil disobedience, refusing to take any medication they don’t force into a vein, and mounting a defense – a task doubly hard since there is no law library and the only writing instrument he is allowed is a two-inch, unsharpened golf pencil.

According to the Saint Louis Post Dispatch, only one doctor has represented the state in all the hearings during Yoder’s battle for release. “Daniel J. Cuneo, a psychologist and clinical director at the center, has performed all but one of Yoder’s evaluations.”

On the other hand, many psychologists, lawyers, and doctors – including silly, sort-of doc Patch Adams, who will be testifying on Yoder’s behalf at the next hearing. Also included is Doctor Loren Mosher, a California psychiatrist, who says, “He seems to be quite rational. I don’t get it. He served time and instead of being let out, he’s sent to a psychiatric institution. This country does not allow preventative detention.”

Ah, but they do. Ask a drug warrior why we put drug users in jail, and the frequent answer will be because of what they perceive the offender might do to get drugs – kill a drug dealer, do a drive-by, rob a home. Ask a state psychiatrist why they lock away some psychotics – they might be a danger to themselves or others.

I have no problems with mental hospitals in general, but I have a big problem with locking someone away for something they haven’t yet done, and against their will. I was really pissed off – I might’ve jumped the counter and strangled that bitch at 7-11, but I didn’t. The future is unwritten.

You don’t lock up someone who hasn’t done anything.

Yes, Yoder did assault two women, but so do countless dirty bastards every day. They commit the crime, they do their time, and then they try to sort out their life – they don’t get thrown in mental institutions.

There are assholes in the world. They make life interesting. They make the nice people seem even nicer. They provide an example of how not to be. Without racists, how could we have beautiful people like Martin Luther King or wonderful things like the two-tone movement?

The point is that we do not have the right to not be offended in this country, but there are those that would abrogate my right to be a prick. There are people who would use the strong-arm of the government to change a persons attitude and prejudice, and if you think that’s okay, I hope you never realize you’re on the wrong side of an issue. Legs McNeil, writer for Punk Magazine and the man who named the whole scene punk, very astutely said political correctness is “just fascism to us. Real fascism.”

So, I told my whole sordid story to the cute, dusky-hued clerk at Shell, and she traded my carton of Turkish Jades for ten loose packs of Camel lights, asking, “What if you had been arrested? What then?”

“Then I would have calmly been arrested, and all the way to the station, at the top of my lungs, ‘Fuck-shit-piss-cunt-motherfucker-dick-cock-fart-ass-damn-hell-fuck…’”

Until next time, make every day a good one...
-Rick

 



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©2003 Rick Davis

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