Michigans Anti-Cussing Law Called Into Question Critics Challenge Statutes Constitutionality Sept. 26, 2000 By Richard Zitrin PONTIAC, Mich. (APBnews.com) -- A cussing construction worker may not be charged with violating the states controversial anti-swearing law because of questions about the laws constitutionality, a county prosecutor said today. Oakland County Prosecuting Attorney David Gorcyca is awaiting a sheriffs report before deciding what charge, if any, to file against the construction worker who allegedly swore at and made a sexually suggestive gesture to a woman at a gas station on Sept. 14. The woman asked the man, who apparently was upset that a piece of construction equipment had broken down on the road in front of the gas station, to stop swearing because there was a woman with a small child in a car at one of the gas pumps, sheriffs Capt. Mike McCabe said. 103-year-old law The construction worker allegedly swore at the woman and told her he could do whatever he wanted to do because this is America, he said. The man then grabbed his crotch and made a sexually suggestive gesture, McCabe said. The woman called the sheriffs department, which is expected to present its report to the prosecutor Wednesday. Gorcyca said prosecutors are waiting to review the sheriffs report to decide what they may charge the man with, although they likely will not charge him with using indecent language while the state Court of Appeals is considering a challenge to the laws constitutionality. Michigans 103-year-old anti-cussing law has drawn national attention because of the case of the cussing canoeist, Timothy Boomer, who was convicted last year of swearing in front of children after he fell out of a boat in Arenac County. Boomer was fined $75 and ordered to work four days in a child-care program, but he has appealed the conviction on free speech grounds and the case is before the state Court of Appeals. Uncertainty over statute The uncertainty over the anti-cussing laws future means Oakland County prosecutors instead may charge the construction worker with disorderly conduct, Gorcyca said. "The Court of Appeals might determine that the statute runs afoul of the Constitution and they might overturn the statute and set aside his conviction," Gorcyca told APBnews.com today. "So were kind of on tenuous grounds, even if we wanted to pursue that charge." McCabe said Boomers case is not similar to that of the allegedly cussing construction worker. "Its a little different than the cussing canoeist, who didnt know anybody was nearby," he said. "This guy did what he did cognizant of his surroundings." Law carries 90-day jail term A 20-year-old man in Clare County in central Michigan also is challenging the anti-cussing law. Steven Clevenger was accused of using indecent language in February after he was fired as assistant girls volleyball coach at a high school, Clare County Assistant Prosecuting Attorney Jamie Raymond said. Clevengers trial has been put on hold while the canoeists case is before the Court of Appeals. Both men are represented by William Street of Saginaw, Raymond said. Neither Street nor officials of the Michigan American Civil Liberties Union could be reached for comment today. Raymond said indecent language, which is punishable by up to 90 days in jail and a $100 fine, often is filed in Clare and surrounding counties. "Many people have been charged and convicted," she said. "Its not as common as drunk-driving cases, but its used from time to time in our county...Usually, people plead guilty, get a fine, thats it. But this is the first time to the best of my knowledge that the laws been challenged as unconstitutional."