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Thread: Man faces 30 days in jail for laughing too loudly -- in his own home!

  1. #1

    Man faces 30 days in jail for laughing too loudly -- in his own home!



    There’s no pursuit of happiness for this Long Island man — local cops busted him for laughing too loudly in his own home.

    Robert Schiavelli, 42, was recently slapped with two “absurd” summonses because his next-door neighbor complained that he could hear his hearty guffaws from across the driveway.

    “I didn’t know it was a crime to laugh out a window,” said Schiavelli, who is considered disabled because he has frequent seizures and suffers from neurological impairments.

    Schiavelli was chortling because he says his neighbor often taunts him due to his disability — and his best defense is to laugh him off.

    But a detective responded to the Rockville Centre neighbor’s complaints and wrote up two tickets for “disturbing the peace” at 6 p.m. on Feb. 12 and 13.

    Each summons carried a $250 fine or 15 days in jail.

    “It’s absurd,” lawyer Andrew Campanelli said. “My client faces 30 days in jail for laughing.”

    Schiavelli, who lives with his mother, was charged with acting “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.”

    “The last time I checked, it was not a crime to laugh — except in Rockville Centre,’’ Campanelli said.

    At Schiavelli’s arraignment yesterday, local Judge William Croutier said he “was not so inclined” to dismiss the charges.

    When the judge asked why police were called, Campanelli said, “My client is a bit of a gentle giant. The way he responds [to his neighbor] is to laugh.”

    “I will never let him take a plea on this,” a fuming Campanelli added after court.

    A return date hasn’t been set.

    The tickets stem from a years-long feud between Schiavelli and his mother, Suzanne, and next-door neighbor Daniel O’Hanian.

    O’Hanian regularly taunts and ridicules Schiavelli about his disability, the mother and son allege.

    “He tries to intimidate Robert” by calling him “a retard’’ and other names, said Suzanne, 65.

    After years of the alleged treatment, Suzanne said her son “has learned to laugh at him.”

    The day the summonses were written, “I was making dinner. Our neighbor was in the driveway wiping off his car and sneering at Robert” while he was inside the house, Suzanne explained.

    As usual, Schiavelli addressed O’Hanian’s alleged glares with a good chuckle.

    “What else are you supposed to do when someone calls you a retard?” asked Schiavelli, who graduated from high school as a special-education student.

    O’Hanian’s wife, Virginia, defended the summonses, saying, “The police investigated and found there was cause. I think the police can answer all your questions. I think the police did what they thought was best.”

    Her husband, an engineer, didn’t respond to requests for comment.
    http://www.nypost.com/p/news/local/i...abFDCNlGvdXuBK



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  3. #2
    The neighbor sounds like a real douche.
    “First of all, if you’ve got health insurance, you like your doctors, you like your plan, you can keep your doctor, you can keep your plan. Nobody is talking about taking that away from you.” Lying Sack of Crap

  4. #3
    in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.

    Bull$#@!. Unconstitutional.


    The First Amendment was designed to protect offensive and unpopular speech.
    http://www.aclu.org/blog/free-speech...fensive-speech


    Brandenburg v. Ohio 1969
    the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing


    imminent lawless action
    Last edited by presence; 03-06-2013 at 10:07 AM.

    'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988

    Awareness is the Root of Liberation Revolution is Action upon Revelation

    'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3

    Flectere si nequeo superos, Acheronta movebo.

    ...the familiar ritual of institutional self-absolution...
    ...for protecting them, by mock trial, from punishment...


  5. #4
    Sad thing is, even if he wins and doesn't have to go to jail, he loses the money it took to fight it. It should be those who brought the case against him would need to pay all costs should he win. I'll bet if that were the case, there would be far fewer cases like this one.

  6. #5
    Quote Originally Posted by shane77m View Post
    The neighbor sounds like a real douche.
    I have a lot of experience with douchebag neighbors.
    "Governor, if I had foreseen the use those people
    designed to make of their victory,
    there would have been no surrender at
    Appomattox Courthouse; no sir, not by me.
    Had I foreseen these results of subjugation,
    I would have preferred to die at Appomattox
    with my brave men, my sword in my right hand." - Robert E. Lee to Governor Fletcher S. Stockdale (D-Texas), 1870


  7. #6
    Where's the summons for his neighbor, who often makes comments at him, for "annoying, disturbing, interfering with, obstructing, or be offensive to others [him]?"

    Unbelievable...

    “The police investigated and found there was cause. I think the police can answer all your questions. I think the police did what they thought was best.”
    LMAO. We're $#@!ing doomed. You married a douchebag, pat yourself on the back.

    What do you want me to do, to do for you to see you through?
    A box of rain will ease the pain, and love will see you through.
    Box of Rain, Grateful Dead




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    A real feminist would have avoided men altogether and found a perfectly good female partner. Because, y'know, all sexual intercourse is actually rape.
    निर्विकल्पा
    aka Wicked Heathen
    I was a nasty woman before Trump made it cool.

  8. #7
    Quote Originally Posted by jdmyprez_deo_vindice View Post
    I have a lot of experience with douchebag neighbors.
    Same, i spent time in jail because of one. Theres no real recourse.

  9. #8
    Quote Originally Posted by asurfaholic View Post
    Same, i spent time in jail because of one. Theres no real recourse.
    We had problems in both Alabama and Georgia. I will never live in close proximity to houses because of the experiences down south. Now we live in an urban situation with our neighbors being car repair shops on either side. No problems from them. Neighbors suck!
    Last edited by moostraks; 03-06-2013 at 11:28 AM.
    We will be known forever by the tracks we leave. - Dakota


    Go Forward With Courage

    When you are in doubt, be still, and wait;
    when doubt no longer exists for you, then go forward with courage.
    So long as mists envelop you, be still;
    be still until the sunlight pours through and dispels the mists
    -- as it surely will.
    Then act with courage.

    Ponca Chief White Eagle



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  11. #9
    “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.”
    This is the MO of cops.
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho

  12. #10
    i lol'd (in lower case)

  13. #11
    L - O - L - Oh wait, I'll quiet down.

  14. #12
    Quote Originally Posted by moostraks View Post
    We had problems in both Alabama and Georgia. I will never live in close proximity to houses because of the experiences down south. Now we live in an urban situation with our neighbors being car repair shops on either side. No problems from them. Neighbors suck!
    I am in your camp. People simply do not know how to not be annoying to others. They are myopic and self-righteous. It's a breakdown in society. People don't care about their loud voices, stereos, barking dogs, screaming kids, etc.



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