When is free speech disturbing the peace? DeKalb County neighbors want to know

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When is free speech disturbing the peace? DeKalb County neighbors want to know

Posted: Jul 21, 2017 11:46 PM EDTUpdated: Jul 22, 2017 12:05 AM EDT

By Dante Renzulli

DeKalb County police seem to have convinced themselves that a man screaming offensive language to every person he sees, including children, is some kind of free speech issue. And yet there are others in Georgia who don't seem to enjoy those same protections.

Almost every day for the past seven years, people who live near Mason Mill Road say one of their neighbors has stood on the sidewalk outside his house and indiscriminately shouted at people of all ages.

"The vulgarities, and flipping off people, and yelling at people...the thing I hate about it is, I have to explain it to my grandchildren when I drive by there," explained a neighbor. 

CBS46 reporter Kim Passoth confronted James Avery at his door, asking, "What about little kids on a school bus?" to which Avery replied, "They're going to learn these words anyway."

The neighbors who live closest to Avery gave up calling police because every time an officer arrived, they always concluded there was nothing they could do.

Recently, responding officers have taken to dismissing new complaints against Avery without going to the address, presuming that no crime is being committed.

I asked police if a double standard is being applied. For example, if the same behavior was occurring right across the street from the DeKalb County Chief Executive Officer's house, how long would that last?

We know actor Shia Labeouf was recently arrested in Savannah for doing something very similar. In the police report, officers said LaBeouf committed disorderly conduct when he shouted the F-word around children.

I asked a police spokesperson if there is a difference between that and what Avery is doing.

Police sent a copy of the state law and it essentially reads in part: "Anyone who uses obscene, vulgar, or profane language around a child under 14-years-old, and who is also disturbing the peace, can be arrested for disorderly conduct."

There is no special exception for people who are sober, or people who are standing on the edge of their property addressing the public.

However, someone has to be a witness to it, and police claim no one is ever willing to do that.

Many of the recipients of Avery's language are passing by in cars at rush hour and likely don't have the motivation to wait for a police officer to arrive for an official report.

But several people who live nearby expressed to CBS46 they would definitely be witnesses if given the chance.

So either all those neighbors are lying, or the police have it wrong.

CBS46 will return to DeKalb County police with these community responses and will continue to demand answers on their behalf.

Copyright 2017 Meredith Corporation (WGCL-TV) All rights reserved.

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James Avery · 

Louisiana State University

"Almost every day for the past seven years, people who live near Mason Mill Road say one of their neighbors has stood on the sidewalk outside his house and indiscriminately shouted at people of all ages." Indiscriminately shouted at people of all ages..? That's a good thing! Isn't it? LOL Pretty funny actually. - Rev. Dr. Beth LaRocca Pitts (Senior Pastor St. Mark UMC 80% LGB) when asked to explained the Holy Spirit: "Well, we have Spirit with a big "S" and then we have spirit with a little "s". " And you know what? She is so right about this! That's one smart cookie! - John 3:5-8 5 Jesus answered, “Very truly I tell you, no one can enter the kingdom of God unless they are born of water and the Spirit. 6 Flesh gives birth to flesh, but the Spirit[b] gives birth to spirit. 7 You should not be surprised at my saying, ‘You[c] must be born again.’ 8 The wind blows wherever it pleases. You hear its sound, but you cannot tell where it comes from or where it is going. So it is with everyone born of the Spirit.” - So I approached her after her Wednesday evening Bible Study 101 Class and said to her: "Do you realize this would also translate into us having a God with a big "G" and a god with a little "g"?" - Her facial expression suddenly takes on this blank stare as she turns facing away from me. - Matthew 16:13-20 13 When Jesus came to the region of Caesarea Philippi, he asked his disciples, “Who do people say the Son of Man is?”

14 They replied, “Some say John the Baptist; others say Elijah; and still others, Jeremiah or one of the prophets.”

15 “But what about you?” he asked. “Who do you say I am?”

16 Simon Peter answered, “You are the Messiah, the Son of the living God.”

17 Jesus replied, “Blessed are you, Simon son of Jonah, for this was not revealed to you by flesh and blood, but by my Father in heaven. 18 And I tell you that you are Peter,[a] and on this rock I will build my church, and the gates of Hades[b] will not overcome it. 19 I will give you the keys of the kingdom of heaven; whatever you bind on earth will be[c] bound in heaven, and whatever you loose on earth will be[d] loosed in heaven.” 20 Then he ordered his disciples not to tell anyone that he was the Messiah.- The way I interprete this, we also have Sprit with a big "A" and spirit with s little "a". Someone's gotta do it! if not now then when; if not you then who?

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