City leaders in Ogden, Utah, have proposed an ordinance to prohibit profanity in city parks. One expletive after a missed shot on the tennis court won't get you in trouble, though. The rule's target would-be fans at sporting events who "get a little bit too emotional," as one Ogden resident put it. "If people are disturbing the peace or disturbing the people around them - whether it's another team, a coach or between parents - that is the behavior that we're looking at," Mara Brown, chief deputy city attorney, told the Deseret News.
As youth sports have become more competitive, spectators' language has grown more heated, and increasingly, city officials say, the abusive language is turning violent. The city already has an ordinance in place that allows police to interfere with physical altercations, but officials want the ability to defuse a situation before it escalates.
Much like rules prohibiting smoking or pets, the "sportsmanship ordinance" would not be actively enforced but serve as a tool for coaches and spectators to combat unruly behavior. "If there's a person engaged in this kind of loud and disruptive language that seems to be leading toward a fight, an official would go over and ask them to stop the behavior," Brown said.
Signs placed in parks to make visitors aware of the policy also would act as a visual reminder to keep their language in check. "The goal is to encourage and further an atmosphere of civility at recreational events, where spectators, officials, parents can feel comfortable," Brown explained. The policy, city officials hope, would also help maintain crowd control and ensure safety at parks and public events. It all sounds good in theory.
While some may cry foul at the perceived violation of their First Amendment rights, Utah Municipal Code grants cities the power to set punishments for "using obscene or profane language in a place or under circumstances which could cause a breach of the peace or good order of the city." The real blurring of the line comes when defining just what language may cause a "breach of the peace." Also in question is what would constitute obscene or profane language, or whether any threatening or aggressive talk would be punishable. And at what point, and by whose definition, would language cross the line from that of an enthusiastic sports fan to something threatening or disruptive?
"They're really regulating speech a little too broadly," Ogden attorney Zane Froerer told KSL.com. "Because the city doesn't have adequate limitations on the circumstances in which this can be used, I think they're gonna have problems."
The ordinance is based on one already in effect in nearby West Valley, and if written carefully to avoid any ambiguity about what constitutes inappropriate language, could be successful. Still, if the aim of the ordinance is to encourage sportsmanship, opponents of the ordinance argue, a better solution would be to address the issue through sports leagues, giving coaches and officials the power to remove disruptive fans or players at their discretion, and outlining appropriate player behavior for any athlete playing as part of a city-run league.
Then, of course, there's the crazy idea of common courtesy - namely, expecting someone to respond to a request to watch his or her language without the threat of punishment.
