Love hurts: Man arrested for releasing helium balloon with his girlfriend

[sailingaway]

Anthony Brasfield saw romance when he released a dozen heart-shaped balloons into the sky over Dania Beach with his sweetie. A Florida Highway Patrol trooper saw a felony.

Brasfield, 40, and his girlfriend, Shaquina Baxter, were in the parking lot of the Motel 6 on Dania Beach Boulevard when he released the shiny red and silver mylar balloons and watched them float away Sunday morning.

Also watching the romantic gesture: an FHP trooper, who instead noted probable cause for an environmental crime.

Brasfield was charged with polluting to harm humans, animals, plants, etc. under the Florida Air and Water Pollution Control Act.

Endangered marine turtle species and birds, such as wood storks and brown pelicans, seek refuge in John U. Lloyd State Park, about 1.5 miles east of the motel.

Between 2008 and 2012, the Florida Department of Law Enforcement said there were 21 arrests statewide under the rarely used environmental crime statute. The third-degree felony is punishable by up to five years in prison.

http://articles.sun-sentinel.com/2013-02-22/news/fl-helium-balloon-environmental-crime-20130222_1_helium-balloon-fhp-trooper-wood-storks

[Expatriate]

Wow, 5 years in prison and a felony for releasing helium balloons? How many here did that as a kid?

[sailingaway]

Oh, but they were the mylar ones.... :rolleyes:

Our 'justice' system is anything but....

[fr33]

The trooper saw $revenue$. That's all he ever sees.

[TheGrinch]

Am I the only person who read the title as "in" instead of "with"? That would have made for a much more interesting story...

[MRK]

This is why we have jury nullification.

[Philhelm]

This is why we have jury nullification.

Or the Second Amendment.

[Origanalist]

Every day I see ten stories that should shock-surprise me, they no longer do. I simply no longer recognize this country.

[Uriel999]

I can completely legitimately see a verbal scolding in order, and maybe even a slap on the wrist small fine as inevitably that will cause property damage (aka cleaning up) at an unknown location, but seriously! I love Florida but FHP are fascist pricks.

[jmdrake]

WTH? When I was in elementary school we released balloons with messages attached to them as a fundraiser. Sure they were latex but still. So under Florida law we would be a school full of felons? That's country is getting (more) insane.

[otherone]

Wow, 5 years in prison and a felony for releasing helium balloons? How many here did that as a kid?

Nice try....NARC

[DamianTV]

Oh, but they were the mylar ones.... :rolleyes:

Our 'justice' system is anything but....

Its a crime punishable by 5 years in prison for releasing a Helium Balloon. Helium is whats called a Noble Gas. That means it does not chemically interact with anything. Its not as light as Hydrogen, but due to the nature of Helium being chemically inert, it is not flammable, and not toxic. I know the skin of the balloon isnt quite as chemically inert.

However, it is not a crime for the Federal Govt to dump nuclear waste in your back yard.

Justice? No. "Just Us".

[NativeOne]

No Corpus delicti, No case.

"Brasfield was charged with polluting to harm humans, animals, plants, etc. under the Florida Air and Water Pollution Control Act.

Endangered marine turtle species and birds, such as wood storks and brown pelicans, seek refuge in John U. Lloyd State Park, about 1.5 miles east of the motel".

No proof that, that particular balloon polluted any of the afore mentioned. Must prove that balloon caused harm.

[Anti Federalist]

"I don't care if they watch me, I'm not paranoid, I'm a law abiding citizen, I'm not doing anything wrong."

http://24.media.tumblr.com/tumblr_m03dutXOzM1qbxmbeo1_500.gif

[Tod]

Wow, 5 years in prison and a felony for releasing helium balloons? How many here did that as a kid?

we did that in school....the whole class; each student released one with a note inside

[fr33]

we did that in school....the whole class; each student released one with a note inside

Reported.

[Anti Federalist]

Reported.

Well done, comrade citizen.

[puppetmaster]

where is the evidence??

[HOLLYWOOD]

https://clemsonprints.com/content/images/thumbs/0002238_350.jpeg (https://clemsonprints.com/content/images/thumbs/0002238.jpeg)
Clemson University Balloon Day


http://www.youtube.com/watch?v=soDZBW-1P04

[puppetmaster]

Its a crime punishable by 5 years in prison for releasing a Helium Balloon. Helium is whats called a Noble Gas. That means it does not chemically interact with anything. Its not as light as Hydrogen, but due to the nature of Helium being chemically inert, it is not flammable, and not toxic. I know the skin of the balloon isnt quite as chemically inert.

However, it is not a crime for the Federal Govt to dump nuclear waste in your back yard.

Justice? No. "Just Us".


Was not the helium just being returned to where is was extracted?.

[sailingaway]

Was not the helium just being returned to where is was extracted?.

The mylar balloons are supposed to be right up there with nuclear warheads, or aerosol spray, one or the other.

[RickyJ]

While it wasn't the smartest thing to do, and it was wasteful since I am sure he paid a lot for those balloons, there is no way this should be a felony. Maybe a littering fine, but a felony is ridiculous for something like this.

[LibertyEagle]

No. Not a littering fine. Nothing should have been done. Damn. Is this America anymore?

[fr33]

No. Not a littering fine. Nothing should have been done. Damn. Is this America anymore?

Nope it's just the UN headquarters now.

[V3n]

There are actually some good points made here: http://birding.about.com/od/Threats/a/How-Balloons-Hurt-Birds.htm


Starvation: One of the most common ways balloons harm birds is through inadvertent ingestion. Seabirds such as gulls, shearwaters, albatrosses and petrels may mistake a deflated balloon that has landed on the water as a jellyfish or squid, but the latex or mylar of the balloon is indigestible and will clog the bird’s stomach. If enough of this type of material is consumed, the bird will no longer be able to take in enough nutrition to survive, and it will gradually starve. Of course, choking is also a threat depending on the size of the balloon and how the bird eats it.

Tangling: If released balloons have ribbons or strings attached, they can become a tangle hazard for birds as the strings get caught in trees or bushes, similar to how fishing line hurts birds. Birds may become tangled if they fly into the string, or they may try to use the string as nesting material and it could tangle around growing hatchlings. Tangle injuries can include malformed nestling growth, open wounds from chafing as the tangle tightens or mobility restriction of the legs, wings or bill. All of these effects can not only harm the bird directly, but can also make it more vulnerable to predators.

Something I never thought of before; so I don't think I'll take part in any balloon releases (plus we need to conserve our Helium!)

That being said, I think a warning and a bit of education would have been a more appropriate response than a ticket!

[puppetmaster]

No damage was done...not to anything. It is all speculation if any harm would come to any animal. This guy gets a fine for a crime that probably won't happen. If they follow the balloons and see actual littering and can prove it harmed something then move from there, otherwise get lost.

Next women using hairspray get imprisoned for harming sea life......

Anyone remember the Olympic opening ceremonies? Balloons by the thousands......

[jkr]

indy 5oo
http://ts3.mm.bing.net/th?id=H.4668669074737018&pid=1.7&w=218&h=134&c=7&rs=1

[Dr.3D]

Now I know why the U.S. Navy waits until it is far far from sight of land before they dump their trash overboard.

[sailingaway]

Now I know why the U.S. Navy waits until it is far far from sight of land before they dump their trash overboard.

LOL!

There is a three mile law, and all sailors do it.

[Dr.3D]

LOL!

There is a three mile law, and all sailors do it.

So who is to say that balloon didn't come down three miles out at sea?

[PaulConventionWV]

Am I the only person who read the title as "in" instead of "with"? That would have made for a much more interesting story...

Get your mind out of the gutter!

[PaulConventionWV]

No Corpus delicti, No case.

"Brasfield was charged with polluting to harm humans, animals, plants, etc. under the Florida Air and Water Pollution Control Act.

Endangered marine turtle species and birds, such as wood storks and brown pelicans, seek refuge in John U. Lloyd State Park, about 1.5 miles east of the motel".

No proof that, that particular balloon polluted any of the afore mentioned. Must prove that balloon caused harm.

You would think they would also have to prove intent, if I'm not mistaken. Laws are supposed to be narrowly defined under the Constitution, so I would expect any charges should be based on more than just a simple mistake. I don't put anything past our Just Us system, but that's the way it's been since I've been learning Constitutional Law.

[PaulConventionWV]

No. Not a littering fine. Nothing should have been done. Damn. Is this America anymore?

And that is absolutely the point here. Releasing balloons is not worthy of ANY punishment whatsoever, no matter where you are.

[devil21]

Three felonies a day.