Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

jberryhill

(62,444 posts)
52. Someone causing offense and alarm in a public shower is engaging in disorderly conduct
Tue May 10, 2016, 12:23 PM
May 2016

Why do you believe the disorderly conduct laws, public lewdness laws, and the various other catch-alls which have been used for decades to address the circumstances of your concern?

This is California Penal Code Section 647:


Section 647: Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor

(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.

(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, they manifest an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.

(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.

(e) Who lodges in any building, structure, vehicle, or place,whether public or private, without the permission of the owner or person entitled to the possession or in control of it.

(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of their being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, "loiter" means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.

(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, or camcorder, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments..

-----

Do you notice that the sections I highlighted do not single out a class of persons for disparate treatment?

Sorry but it is a straw man. A pre-op or non-op trans woman is not going to use the women's MillennialDem May 2016 #1
But if this person were actually... LAS14 May 2016 #2
Your question doesn't make sense. Act_of_Reparation May 2016 #5
In my experience,some showers at public swimming pools... LAS14 May 2016 #9
Still nonsensical. Act_of_Reparation May 2016 #43
"Single parents brought their opposite-sexed children to open swim all the time." jberryhill May 2016 #53
It's a downright terrible idea. Act_of_Reparation May 2016 #58
If this is really a concern, alter the law to allow legitimate trans protections. By legitimate I MillennialDem May 2016 #7
Few points Proud Liberal Dem May 2016 #76
I'm trans and well aware of many of your points... and some are WRONG MillennialDem May 2016 #77
The pedophiles and voyeurs are ALREADY IN THE BATHROOMS!!!! cleanhippie May 2016 #8
I agree that being transgender has nothing... LAS14 May 2016 #10
Your specific question about a pool shower is nonsense. cleanhippie May 2016 #12
This law has nothing to do with pedophiles and voyeurs either, FYI jberryhill May 2016 #31
I agree Separation May 2016 #82
The argument you are using is based on a false premise--one that is promoted by ignorant people-- mnhtnbb May 2016 #22
One is not trans for 15 minutes One_Life_To_Give May 2016 #70
Actually, a straight-presenting man did that in a gym here in Washington, and pointed to our law pnwmom May 2016 #66
so he needs to be cited greymattermom May 2016 #72
Here is how I see it - Do you look at other people when you go to a public restroom? liberal N proud May 2016 #3
That's why I tried to make it clear that... LAS14 May 2016 #4
Well, public bathrooms are far more common than public showers. And generally public MillennialDem May 2016 #14
I agree that showers are probably avoided by... LAS14 May 2016 #16
I doubt the government wants cross sex showering (or even bathroom use) for NOT OK reasons - MillennialDem May 2016 #20
Maybe we're getting somewhere.( LAS14 May 2016 #24
A point you still don't understand jberryhill May 2016 #35
This message was self-deleted by its author Fla Dem May 2016 #44
And shouldn't women have the right to undress without a straight peeping tom pnwmom May 2016 #67
Frankly... jberryhill May 2016 #19
I don't have recent experience... LAS14 May 2016 #28
Unisex bathrooms seem to be the long-term answer. Everybody poops. IamMab May 2016 #6
I was asking about showers, not bathrooms. LAS14 May 2016 #15
I think the better question is.... usedtobedemgurl May 2016 #11
here are my questions to you La Lioness Priyanka May 2016 #13
I donšt support the law. But neither do I want... LAS14 May 2016 #18
You are 180 degrees from correct jberryhill May 2016 #23
"But neither do I want people with penises in the shower with me or my children" cleanhippie May 2016 #27
It hasn't been a problem. LAS14 May 2016 #30
I'm hostile because your "question" is asinine and clarifies nothing. cleanhippie May 2016 #33
North Carolina was founded in 1653 jberryhill May 2016 #42
No, your continued obtuseness is causing my hostility. cleanhippie May 2016 #64
it's been a problem for me--I've had guys hang around entrance to bathrooms to hit on me zazen May 2016 #62
no, i am saying that the law is written in a bigoted ways. if the object was to stop cisgender men La Lioness Priyanka May 2016 #37
You know what's really weird? jberryhill May 2016 #41
Ok, I need to look up "cisgender" have no idea what that is. Katashi_itto May 2016 #45
For you or others: 'Cis' and 'Trans' are prefixes from Latin, 'Cis' means 'on this side of' and Bluenorthwest May 2016 #73
Cool explanation. Thanks. So cis stands for ? Katashi_itto May 2016 #75
Cis means "on this side" LostOne4Ever May 2016 #80
Yeah I understand the chemical breakdown. But In the context of trans? Katashi_itto May 2016 #83
Trans is crossing gender, cis is staying on the same side of gender. Change vs staying the same. LostOne4Ever May 2016 #84
AHA! Thanks! ok now it makes sense. Katashi_itto May 2016 #85
"If this is not a problem, please explain why." jberryhill May 2016 #17
As I tried to make clear in my OP, I donšt support the NC law... LAS14 May 2016 #21
The DoJ sued NC for violating the Constitution with this law. cleanhippie May 2016 #25
No. I was asking a little bit more complicated question. LAS14 May 2016 #32
Sweet Jesus on a pogo stick! People with penises in the womens shower? cleanhippie May 2016 #34
HB2 DOES NOT "EXCLUDE PEOPLE WITH PENISES FROM WOMEN'S SHOWERS" jberryhill May 2016 #40
" It's a question about the government's interpretation of the law." jberryhill May 2016 #26
See my response #18 and read the OP again. I don't... LAS14 May 2016 #36
I read your post #18 jberryhill May 2016 #39
I read your post #18 jberryhill May 2016 #29
We may be getting somewhere. LAS14 May 2016 #48
what laws are these: jberryhill May 2016 #51
This message was self-deleted by its author Fla Dem May 2016 #69
Calling HB2 the bathroom law does little to foster an honest conversation littlemissmartypants May 2016 #38
You're right about the name. LAS14 May 2016 #49
I'm sorry, but you sound just like the right wing idiots in my state cwydro May 2016 #46
We need a culture where it's OK to .... LAS14 May 2016 #50
Someone causing offense and alarm in a public shower is engaging in disorderly conduct jberryhill May 2016 #52
I for one have never been under the influence of toluene in a public place. Orrex May 2016 #54
Oddly jberryhill May 2016 #55
I think I caught your act in Pasadena Orrex May 2016 #56
The Rose Bowl Parade really inspires me to greatness jberryhill May 2016 #59
Do you want to arrest mothers who take their young sons into the women's shower? yes or no? jberryhill May 2016 #60
Your last sentence suggests that you've found a way to give that clarification. Orrex May 2016 #47
When I was in high school, we were required... 3catwoman3 May 2016 #57
Why do republicans confuse going to the bathroom with sex? B Calm May 2016 #61
The Government doesn't get involved unless there's a complaint. haele May 2016 #63
The government's position is that whether or not you have a penis, Nye Bevan May 2016 #65
Analysis of the post. LAS14 May 2016 #68
That 'anaylsis' is very self serving..... Bluenorthwest May 2016 #74
Citation, please. Orrex May 2016 #79
Your post is important.... usedtobedemgurl May 2016 #78
A transgender woman has never attacked anyone in a bathroom. alarimer May 2016 #71
I excluded bathrooms from my question. And how do you.. LAS14 May 2016 #81
Latest Discussions»General Discussion»Question about the NC Bat...»Reply #52