Rant 1 - Urinating In Public

Rant 2 - The Weekend That Was - 20-23 September 2012

Rant 3 - Lismore Cup Info

Rant 1

I can’t believe I am about to do this rant. This one is all about urinating in public and possible ways to get away with it if issued an infringement notice by police. It also provides some advice in relation to Lismore’s ‘Pee Pee Police’. 

Urinating in public is a huge problem in Lismore. It is one often committed by both males and females. It is unhygienic and can leave a terrible stench in the area. Offenders are mostly heavily intoxicated and include locals, visitors and young students.

The possible repercussions of being caught may have such a huge impact on some individuals that the penalty far outweighs the minor offence. The biggest single issue contributing to the problem is the fact that there are no public toilets available. Another major issue contributing to the problem is the lock-out that is in effect for all licensed premises who participate in the Lismore Liquor Accords. Once out, you can’t get back in even to go to the toilet.

Almost every weekend I see Lismore City Council’s security contractor using council’s CCTV camera system to catch individuals urinating in public. They notify their street beat security officers, or ‘Pee Pee Police’, by radio when they see someone urinating. The ‘Pee Pee Police’ then rush to the location, seemingly quicker than they do when responding to alcohol-related violence, and request identification from the person who was allegedly urinating.

My advice to anyone approached by anyone other than a police officer in a public area that is not enclosed land is to refuse to provide your details or identification. A security officer has as much power in public areas as anyone else on the street. If you would not give your identification to a stranger, why give it to a strange security officer? Be polite and let them know that you do not provide your personal details to strangers and just walk away from them.

Like anyone else, they do have the right to ‘arrest’ you if you have been seen committing an offence but this is very unlikely and may result in their prosecution for assault if they become physical with you for ignoring them and walking away. It can be quite intimidating for some when confronted by large or aggressive security officers but the alternative may be much worse for some.

If police request your identification or details, just provide it to them and get on your way. It is very likely they will send you an infringement notice in the mail. You can challenge that later through the courts.

The infringement notice that will most likely be issued is one for ‘offensive conduct’ or ‘obscene exposure’.

To be found guilty of ‘offensive conduct’ for urinating in public, a person must conduct themself in an offensive manner in or near, or within view from, a public place or school. I am not sure how urinating is considered offensive conduct by any reasonable person since we all have to do it quite often. However, if the matter is pursued by police, it is a sufficient defence if you have a reasonable excuse for your actions.

I would argue that having to go to the toilet on its own is a reasonable excuse. No public toilets being available and licensed premises imposing a curfew enforced by police who are now prosecuting you for urinating after being filled with fluid all night would be a much more reasonable excuse. The alternative would be to wet yourself and this is not reasonable to anyone.

To be found guilty of ‘obscene exposure’ for urinating in public, a person must wilfully and obscenely expose themself in or within view of a public place or school. There may be some instances where this may be the case but it seems pretty reasonable to believe that ducking down a dark alley and aiming at a wall or squatting beside an object to conceal your actions would be considered a wilful action but would definitely not meet the requirement of obscenely exposing yourself.

Almost every individual I have spoken to who has received an infringement notice for urinating in public has just wanted to pay the small fine to avoid the hassle of going to court. This is a huge problem embedded in our legal system and an separate issue I will rant about another night.

I mentioned repercussions earlier where the penalty may far outweigh the minor offence of urinating in public. Here is a possible scenario for many to consider:

An 18 year old university student is in their first year studying teaching. They attend a party at college and then head down town to one of the clubs to keep partying as students often do. They decide they have had enough and leave the venue. They make their way to catch a taxi.

While waiting for a taxi, the student has a strong urge to go to the toilet. There is no public toilet around and they cannot get back into the club. They don’t know how long the taxi will be. They really have to go so they duck down a lane and discreetly urinate. The police spot them and take their details. They then head home.

A week later they receive an infringement notice for $200 for obscene exposure. They are struggling financially. It is not a lot so they decide to pay the fine instead of challenging it in court which could cost more. They learn from their mistake and get on with their life never doing it again.

Three years later they complete their degree and graduate. They apply for lots of jobs in the months that follow but don’t seem to get them. They are confused since they had good grades and decide to ask one of their interviewers why they are not being successful. They are told they did not pass the criminal history check and advised that a school cannot employ anyone to work with children who have a history of obscenely exposing themself.

What was only a $200 fine for urinating in the street while a drunk 18 year old is now a career ender before a career even got started.

I am certainly not suggesting that people urinate in public or challenge every fine. What I am suggesting is that individuals should use a toilet where possible but they should not be immediately punished if they find themself in a situation where they need to urinate in public because no toilets are available.

I would like to see warnings issued for first timers who are also told what may happen in the future if they are caught urinating in public again. If they are punished, I would recommend challenging it only if the circumstances are appropriate.

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Rant 2

‘The Weekend That Was’ was definitely an interesting one. There never seems to be a dull moment in Lismore.

‘Chest Puff Thursday’ was quiet. There was no violence reported but one local was issued with a $150 fine for offensive language for dropping the C bomb. A lot of people do not realise that we do not have freedom of speech in Australia since the offence of ‘offensive language’ still exists. As much as I dislike such language when not appropriate, it has never been clear to me why one person is issued an infringement notice or arrested when so many use similar language every day and are never penalised or asked to refrain from using it.

The night also saw a fire cause some damage at the United Service Station on the corner of Keen Street and Ballina Road in Lismore. The fire brigade and police were promptly in attendance and the fire was quickly contained. It appeared as though someone set light to some rubbish beside the service station adjacent to the structure but away from the LPG tank and the petrol bowsers.

‘Friday Fight Night’ had its usual share of problems but a much smaller group of street dwellers were seen. There was one juvenile who was taken into custody by police. An ambulance was called to have a look at him while in handcuffs due to his behaviour. He was eventually conveyed to hospital by police and then scheduled.

A late night business owner’s vehicle was also damaged by a guy on the street who apparently struck it with his fist. Security from one of the local pubs quickly caught the guy and advised the owner. It seems no further action was taken.

The most serious incident of the night went unreported and happened down at the service station. Three guys set upon one other guy until his mate got out of their car to help. They were seemingly successful defending themselves against the three attackers before jumping back in their car and driving off. A squeegee was used as a weapon and a water station was knocked over. No serious injuries were reported.

Saturday night is fast becoming the premier night of choice to head out in Lismore. The incidents are usually pretty minor possibly due to the larger presence of security and police on the streets. There were also a number of young people hanging around since school holidays are back on but most were well behaved.

Ironically, one lady was conveyed from the area by police after refusing to leave one of the licensed premises for some time and then urinating in the street. She was heavily intoxicated and told she would receive an infringement notice in the mail. There were also a few domestic arguments in the street which seemed to end without any physical violence.

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Rant 3

The 2012 XXXX Gold Lismore Cup is on this Thursday, 27 September at the Lismore Turf Club. It is considered the most prestigious race meet in Northern New South Wales.

The event is traditionally one of the biggest nights of the year for late night businesses and should be well attended again this year. All pubs, clubs and food businesses will operate as usual.

The weather is looking mostly sunny with temperatures in the mid 25 degree range so intoxication levels will probably be pretty high. Pace yourselves, have something to eat and drink some water. There is no point being sick before the last race or, if looking to keep the party going later, before getting to the pubs and clubs.

Restrictions apply to many of the licensed venues. These include early lock-out times and early closing times. The major venues should be open by 5pm with the lockout at around 9pm. Make sure to check with your desired venue early in the evening in case there is any change so you are not left stranded in the street.

Bus services will be available for those wishing to attend. There will be free shuttle services available from the CBD to the racecourse starting from 12 noon until 2pm and after the races from 4pm to 5.30pm.

The Lismore Late Nighter will be running services after the Lismore Cup at 8pm, 8.30pm, 9.30pm, 10pm, 10.30pm, 11pm, 11.30pm, midnight, 12:30am and the last service at 1am. The late night service will operate at the usual price of $3.00 each way travelling between the CBD and Goonellabah with a security officer accompanying all services.

There will also be plenty of taxis out doing their thing so there is no reason to even consider drinking and then driving. For those thinking about it, a large police presence is synonymous with Lismore Cup day and you run a good chance of being caught.

Enjoy your Lismore Cup day and have a safe and fun weekend.

This is River FM 92.9 and I am Big Rob.

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