aren Fonseca was sent to jail yesterday, November 16 for outstanding charges. But what really brought her in was the decal that she chose to display on the back window of her car.
Fonseca and her husband put this "F*ck Trump and F*ck You For Voting For Him" decal on the back of their truck.
They’ve had the sticker for eleven months, according to CNN.
The Fort Bend County sheriff posted a picture of the decal to social media, and said that he had gotten a lot of calls asking for him to have the owner remove the sticker.
In the post, which he has since deleted, the sheriff said that he wanted to find the person who owned the truck so that he could charge them with disorderly conduct.
His original Facebook post said, "I have received numerous calls regarding the offensive display on this truck..."
“…as it is often seen along FM 359. If you know who owns this truck or if it is yours, I would like to discuss it with you. Our prosecutor has informed us that she would accept disorderly conduct charges regarding it, but I feel we could come to an agreement regarding a modification of it.”
Even though Sheriff Nehls said that the prosecutor said she would accept a disorderly conduct charge, the district attorney told Buzzfeed News that he did not agree with them both.
And although the post said he was just looking to "come to an agreement," he tried to justify the disorderly conduct charge by posting some points on Texas law about disorderly conduct.
Texas state law says that disorderly conduct is when someone uses “abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of peace.” Similarly, it does not allow making an offensive gesture or display in a public place that “could have the same effect.”
The district attorney, John Healey, told the Houston Chronicle that he wished that the sheriff's office had told him about the issue earlier.
He said, “I did not believe it was a prosecutable case based on the definition of disorderly conduct.” He didn’t hear about the issue until the sheriff’s Facebook post was already getting public comments.
The ACLU of Texas also responded to the post on Facebook, writing, “Constitutional Law 101: You can’t ban speech just because it has ‘[email protected]’ in it…Hey truck owner, feel free to contact the ACLU of Texas.”
People commented on both sides of the issue with arguments for free speech on one side and censorship on the other.
One person wrote, “I voted for Trump. F*ck this sheriff. The first amendment applies to ALL Americans! I hope the truck owner sues the pants off of this clown,” one person wrote, according to Buzzfeed News. “Using a badge to intimidate people of different political persuasions is a disgrace to the office he holds, and he should be removed.”
Another person wrote, “I’ve seen this truck, and I would (be) pleased if the owner of this vehicle was prosecuted for disorderly conduct. My children saw this, and I was infuriated they were subjected to this offensive display.”
That’s unfortunate, but you can’t arrest someone because they offended you.