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Colorado county court considers canine crap case
Doggie droppings - a First Amendment issue?

by Richard Mr. Moo Moore
April 29, 2007

It's always good to go on the road and to see the bizarre in other parts of our great country. Fortunately, I didn't have to go too far from the pasture to find a story that fits the bill.
No, that was not the title of the article in the local paper but it could have been. It's a case of Kathleen Ensz of Greeley, Colorado vs. the offices of Congressperson Marilyn Musgrave. And it involves doggie doo.
In May of 2006, Ensz had had her fill of political propaganda from Musgrave's campaign. Flyer after brochure had invaded Ensz's mailbox and she wasn't going to take it anymore. So this citizen filled a campaign leaflet with droppings from a canine and deposited them in front of the main door leading into the Representative's office.
Classic, huh?
Musgrave's staff didn't think much of it. Actually they weren't sure what the "package" consisted of and called the police to report a suspicious item at the office entry. Actually they called it in as a bomb threat. (I know some of you are saying a stink bomb, but read on.)
Last week, the case finally went to trial in Weld County at the Court House. And guess what the argument given was all about. The DA is pressing charges of "use of a noxious substance". The defense is hollering that this is a free speech issue.
Free speech? I bet the Founding Father's couldn't have seen this one coming.
Last week, two deputy district attorneys and two defense attorneys argued for three hours about all of the possibilities. While the judge takes the movements, I mean motions of the attorneys under consideration the two-day trial is presently set for May 22nd.
No matter where you come down on this issue, I can say one thing. I'm glad I don't work in the evidence room. After all, the incident happened 10 months ago.

About the Author:
Mr. Moo loves his job but some must have a job that stinks.

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