Court Reverses Harassment Conviction for Vulgar Calls to City About Water Shutoff
From yesterday’s Ohio Court of Appeals decision in State v. Golga (my students Dice Hagiwara, Jonathan Kaiman, and Brandon Peevy and I had filed an amicus brief in the case, with the invaluable help of local counsel Jeffrey M. Nye [Stagnaro, Saba & Patterson], on behalf of Profs. Stephen Lazarus, Kevin O’Neill, Margaret Tarkington, the 1851 Center for Constitutional Law, and myself, urging reversal of the conviction):
The City of North Ridgeville … shut off the water supply to Mr. Golga’s residence because of nonpayment. He responded by calling the City’s Water Department eight times over the course of 26 minutes. During the calls, he screamed, used profanity, and insisted his service be restored. An accounting clerk attempted to aid him but ended several calls because Mr. Golga would not stop screaming and cursing at her. Needing a moment, she allowed another of his calls to go to voicemail. He left the following voicemail message:
[Y]ou can’t just be hanging up on people. That’s f***ing bullsh*t. If you’re f***ing trying to kill me by turning my f***ing water off, then f*** you. And if you’d like me to come down to the f***ing thing, we can have a f***ing conversation, go f*** yourself! You think you’re f***ing bad? Yeah, f*** him. Let’s starve him out. Let’s f***ing kill ’em all, right? F*** you!
Mr. Golga eventually spoke with the City’s public utilities director who came up with a plan to restore Mr. Golga’s water service the next morning.
After Mr. Golga’s voicemail message was forwarded to the police, he was charged with one count of telecommunications harassment in violation of Revised Code Section 2917.21(A)(1). A jury found him guilty of the offense. The municipal court sentenced Mr. Golga to 180 days in jail but suspended 177 of them. It also ordered him to complete anger management.
The Court of Appeals reversed, in an opinion written by Judge Jennifer Hensal and joined by Judge Donna Carr:
Section 2917.21(A)(1) prohibits any person from knowingly making a telecommunication “with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual commu
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.