May 14th 2024.
Officials in Ozark, Alabama are facing controversy as they order a Black man to apologize to a police officer or risk facing jail time. The man, Reginald Burks, was pulled over for speeding while taking his children to school. The officer claimed his radar gun was broken and estimated the speed using cruise control. Burks was skeptical of this and expressed his frustration by telling the officer to move out of the way. This resulted in the officer giving him a ticket and Burks being ordered to write an apology letter or face 10 to 30 days in jail.
Burks, a 39-year-old aircraft mechanic, has made it clear that he will not be writing the letter. He believes it is not legal for the judge to demand such a thing and is prepared to go to jail. He stated, "What am I going to do? I'm going to jail." Despite his daughter pointing out that he cursed, Burks maintains his stance and refuses to write the letter. He also expressed shock that he is facing such consequences for simply speaking his mind.
The incident occurred on December 13, 2023, when Burks was pulled over for speeding. The officer claimed to have used cruise control to estimate the speed and gave Burks a ticket. However, when Burks tried to back up and go around the officer, things took a turn for the worse. He told the officer to move out of the way so he could take his children to school. Burks recalls apologizing to his daughter for cursing in front of her, but he stands by his actions.
Initially, Burks was only facing a speeding ticket and no other charges. He planned to plead guilty and pay the fine but was taken aback when the judge demanded an apology. Burks shared that he had received advice from friends and family who are police officers, urging him not to challenge the ticket. However, he was not prepared for the judge's unexpected demand. "The judge told me the way I spoke to the officer is the reason he is doing the things he is doing," Burks said.
Burks is considering taking legal action, but finding a lawyer has proven to be difficult due to many already having cases before Judge Nicholas Bull. The case has also raised questions about judicial power. Legal experts argue that while judges have the authority to order defendants not to contact victims or visit businesses, ordering an apology seems excessive. Some have even gone as far as ordering sex offenders to post signs in their yards.
Professor Jenny Carroll, who specializes in criminal law, believes that the punishment does not fit the crime. She stated, "I think it is one of those judicial orders that is sufficiently questionable that we ought to say, is it really proportional to give a 30-day sentence if he won't say he's sorry?" Carroll also pointed out that despite Burks' previous traffic offenses, jail time seems excessive for an alleged use of an expletive.
Burks, who admits to using an expletive towards the officer, maintains that he did nothing wrong. While Alabama law prohibits cursing in public, Carroll believes that should have been the charge brought against Burks if the judge wanted to punish him for his speech. Burks shared, "If I did something to offend him or bodily harm him in any way, I would apologize. But I didn't do anything to this officer besides curse. And there's no law saying that I can't curse or speak my mind."
Burks is scheduled to return to court on June 4 to learn his fate.
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