CLEARWATER, FLA—They say there’s a first time for everything but when Jean Merola, a 75-year-old grandmother and widow went to McDonald’s Thursday for her afternoon regimen of a decaf coffee and fries, she didn’t expect to be arrested by the Clearwater Police Department. Merola, who’s never been arrested, wasn’t lovin’ it, sitting in the Pinellas County Jail after being handcuffed and charged with disorderly conduct by a police officer in line behind her at a Clearwater McDonald’s which is a short distance from her home.
The grandmother of eight drove her Lincoln Town car to the drive-thru window about 4 p.m. Thursday and ordered a decaf coffee and medium fries, hold the salt. In that saltless fries are a “special order”, she was told to pull ahead to an area of the parking lot where customers wait if their orders take a few minutes to prepare.
It still hasn’t been disclosed why Clearwater Police Officer Matthew Parco, 30, was behind Merola but as she sat in her car waiting for her fries, she heard a car horn being repeatedly sounded behind her. When she looked around, she saw the police cruiser and an officer waving his arms, apparently wanting her to move her car.
Next comes an issue of probable cause as Parco, obviously irritated with Merola when didn’t budge, got out of his patrol car, walked up to the driver’s side of her car and asked for her registration and license.
By this time, Merola was agitated too and told the rookie cop, on the job for about a year, that she hadn’t done anything wrong and wasn’t producing anything.
From there it went downhill and the officer’s report of the incident differs from Merola’s version. She says he argued with her about where she was parked and she shot back that she was parked where the McDonald’s staff had told her to park to await her order.
His report says her car was blocking people in line behind her and that he asked her to move her car ahead. She says that she doesn’t recall that and if anyone was blocking the line, it was him. She says she couldn’t have moved ahead because there was a curb in front of her.
Could this woman that’s waiting for her fries, parking in a designated area of the parking lot be demented? That’s what Parco told his supervisor who he called in Merola’s earshot and told that he thought Merola needed to be committed under the state’s Baker Act.
With that, Merola became offended and exercised her First Amendment rights and free speech, calling the cop a “brat”, a “smart ass” and a “dumb “s—t”.
Not to be dissed by a gray haired woman, Parco used his uniform and seemingly engaged in an abuse of power that has become all too prevalent across the county, Parco placed Merola under arrest for misdemeanor disorderly conduct, cuffed the elderly woman behind her back and placed her in the back of his patrol car, transporting her to jail. Her car was impounded, costing her $160 and she says she sustained injuries to her shoulders and neck from being handcuffed for about an hourShe says that while she respects police officers and brought her children up to respect the police that she doesn’t feel that Parco deserved her respect and that he hadn’t acted like a police officer should.
Similar unconstitutional arrests being made such as the Pennsylvania woman busted for swearing at her overflowing toilet and the man charged for writing an expressive opinion on his check paying a parking ticket fine have been shot down. http://www.northcountrygazette.org/news/2008/01/13/vulgar_check/
The Pennsylvania Superior Court has ruled that the “offense of disorderly conduct is not intended as a catchall for every act which annoys or disturbs people; it is not to be used as a dragnet for all the irritations which breed in the ferment of a community”.
The First Amendment would be applicable in Clearwater too. Merola was searched, fingerprinted and had her mug shot taken at the jail where she was held for several hours until she was released to her daughter and son-in-law.
The Clearwater mayor has reportedly called Merola and apologized, saying the incident shouldn’t have happened and is being investigated.
Perhaps if Merola sues for her unconstitutional arrest, the Clearwater PD isn’t going to be lovin’ it either. 1-19-08
Poster Comment:
Oink oink. Do you want to super size the emerging police state? Do you want ketchup with it?