billed for using restroom...

[tnsyty]

http://www.wsmv.com/story/21310627/woman-receives-bill-after-taking-a-restroom-pit-stop

Woman receives bill after making restroom pit stop
Posted:
Feb 22, 2013 3:56 PM CST
Updated:
Feb 22, 2013 7:21 PM CST

Reported by Kimberly Curth - email

 

ERIN, TN (WSMV) -
            

A license plate gives police a whole lot of information
about you, and law enforcement is supposed to protect those details.
However, one local sheriff admits he gave a driver's name and address
away, and the reason he did it is downright bizarre.

The story all came about when a woman stopped to use a restaurant's restroom and then left without buying anything.

A few days later, the woman checked her mail to find a bill from that
restaurant, asking her to pay for using their restroom. And it turns
out the sheriff, himself, helped the restaurant's owners track her down.

"I just feel like I've been violated," Patricia Barnes said.

Barnes received a handwritten letter that asked for $5 because she used the restroom at The Flood Zone in Houston County.

She and her husband said they aren't upset about the bill, rather they are outraged at the sheriff's involvement.

"People don't have the right to just run your tags and give your
information out to just anybody," said the woman's husband, Randy
Edwards.

The restaurant's owners wrote down Barnes' license plate number as
she drove away and then asked Houston County Sheriff Darrell Allison to
help find the person who used the restroom.

The sheriff said that, at the time, he had probable cause to run
Barnes' tag, because he was investigating it as a possible crime.

But Allison didn't take a police report and didn't press any charges.
Nothing happened, except for the bill that soon showed up at Barnes'
home.

The Channel 4 I-Team told Allison that Barnes and her husband were
concerned he shared their private information and address with the
restaurant's owners, but he said it happens more often than people might
think.

"I would say that happens every day. It's a very common occurrence," Allison said.

State Rep. John C. Tidwell, D-New Johnsonville, said what happened to Barnes is disturbing.

"The way I interpret it, it would be illegal," Tidwell said.

He said there are laws to protect your personal information from being shared in such a manner.

"The information should not have ever been given over to the
business. That is information that is supposed to be dealt with by the
state's agency or the official," Tidwell said.

Tidwell said the law dictates that information from a license plate
should only be used for law enforcement purposes and not be given out to
the public.

The sheriff said he sees it differently.

"I would have to know you, one, and I would have to know that you're
not the type of person that would just come to me or any officer wanting
information about somebody or something," Allison said.

Now, Barnes and her husband wonder what could've happened if that
information got into the wrong hands, because they have gone to great
lengths to keep their address unlisted after taking out a restraining
order against someone in their past.

"It could have potentially put me and my family in harm," Edwards
said. "I don't want to see it happen to someone else that it really does
cause some harm."

It's not clear whether any laws were violated.

The owner of The Flood Zone would not do an on-camera interview, but
she said they are no longer charging to use their bathrooms.

She added that she would never accept Barnes' payment and just wanted to get her point across.

Allison said he only gave the restaurant owner the couple's names as well as the street on which they live.

[BigK]

Better aim good when you go pee at The Flood Zone, you don't wanna get that "sprinkled on the seat" bill. I bet the sheriff will run a DNA sample and track you down for them.

[Mike.357]

she broke the code.  If you use a restroom you ought to buy something, anything.

 

I wonder how many people this has happened to and if anyone pays the bill.

[DaveTN]

It's not clear whether any laws were violated.

I guess it was a pretty lame I-Team investigation then wasn’t it?

[Jesse]

We stop and use the restrooms all the time. I aint buying crap.

[Patton]

The only issue I see is the LE agency gave out the information. Everywhere I have ever worked they have to wait to get it off the report. In this case there was not a report. I bet those people would be really pissed if they knew some agencies, like Chattanooga, are not even blackening out socials.

[tnsyty]

The only issue I see is the LE agency gave out the information. Everywhere I have ever worked they have to wait to get it off the report. In this case there was not a report. I bet those people would be really pissed if they knew some agencies, like Chattanooga, are not even blackening out socials.

 

So you feel it is also ok to be blindly charged for something that most people would deem as pretty much free since the 70's? At least back then you had to pay before you entered. Maybe they need a bathroom menu so they can charge you by selection and you can compare rates with other bathrooms in the area? Even a sign that says "patrons only" would at least be half way acceptable.

 

Giving out the information so openly is more of the issue I agree, but this is pretty much stupid all around.

Edited February 23, 2013 by tnsyty

[Murgatroy]

she broke the code.  If you use a restroom you ought to buy something, anything.

 

I wonder how many people this has happened to and if anyone pays the bill.

 

 

We stop and use the restrooms all the time. I aint buying crap.

If I hit a truck stop or a rest area, sure.

 

If I have to stop at a restaurant, yeah, I try to buy something. 

[Guest MilitiaMan]

I rarely, if ever, get extremely foul towards or at anyone. I usually reserve the "good stuff" for those that truly deserve it. In this particular case, I would send a hand written note to the sheriff that abused his authority (using his position to track down and give out the address of a civilian that HAS NOT comitted a crime to a 2nd or 3rd party outside of law enforcement) telling him to go F his mother.

 

 

I have absolutely no use for turds like that who use zero commin sense when approaching a situation or a complaint.

[Sam1]

I think the story will get them enough bad advertising that they will rethink their business and wish they never tried to get that $5. Hopefully it costs them $10,000 in business

 

As for the cop, hopefully there's an investigation on him and he is held accountable. If there was no police report filed, then he has nothing to investigate. Maybe I'm wrong, but I thought there needs to be some type of report before they know what to investigate. Sounds like it's a case of "I messed up, now backtracking to CYA"

[jimic]

May be the LEO and Flood Zone owners would like to post there personal information !

[Patton]

Well it is a civil matter and they can try to recoup or seek whatever damages they seem fit. The cop should have done a report if he chose to help the buisness at all. Some departments want a report on everything and some say only if we have to. Really there isn't anything necessarily wrong with the police doing what they did. Truthfully the cop could do a report tomorrow if saw fit, especially if he was still doing "an investigation". Some chiefs don't want reports until there are enough details for it to be worth the paper it is written on.
Do I think this is crap? Yes I do but that buisness has the right to request payment and they can sue if they like. If they had a sign that read restrooms are for customers only then they may have a case. If it were to go to civil court and the defendant lost it may cost several hundred dollars.

The restaurant does not have a case according to TCA 39-17-105 Edited February 23, 2013 by Patton

[dcloudy777]

You guys aren't gonna believe this, but TN Code Annotated:

 

39-17-105.  Charge for use of public toilet facility prohibited.

  (a) It is an offense for a person maintaining toilet facilities available to the public to impose a charge for the use of the facility.

 Each toilet facility maintained in violation of this section constitutes a separate offense.

(c) An offense under this section is a Class C misdemeanor.

Edited February 23, 2013 by dcloudy777

[Patton]

^ Wow, I speechless.

[Lumber_Jack]

You guys aren't gonna believe this, but TN Code Annotated:


39-17-105. Charge for use of public toilet facility prohibited.

(a) It is an offense for a person maintaining toilet facilities available to the public to impose a charge for the use of the facility.

Each toilet facility maintained in violation of this section constitutes a separate offense.

(c) An offense under this section is a Class C misdemeanor.

And this is for a reason. We've all needed a restroom in an emergency. If you maintain a "public use" restroom you shouldn't e able to hold someone hostage for using it. I mean how much does it cost the owner...negligible. If you had a buisness on a street with heavy foot traffic and it was disturbing buisness I can see the issue.

But it's more appalling that the Sherrif sees not problem just handing out personal info to someone he "knows". You never really "know" anyone's intentions.

[gjohnsoniv]

Well someone is about to be screwed.

[Guest sL1k]

You guys aren't gonna believe this, but TN Code Annotated:


39-17-105. Charge for use of public toilet facility prohibited.

(a) It is an offense for a person maintaining toilet facilities available to the public to impose a charge for the use of the facility.

Each toilet facility maintained in violation of this section constitutes a separate offense.

(c) An offense under this section is a Class C misdemeanor.

If i was that couple I would file charges using this ^ they have proof of a bill in the mail. Even better file the charges against the sherriff for criminal facilitation. :D


I always purchase something if i go in to a place to use the restroom. One issue with this law, if you walk into a place and they actually bar you from using the restroom if you fail to purchase something can they not press a trespassing issue if they ask you to leave before using the restroom? Edited February 23, 2013 by sL1k

[gjohnsoniv]

You know it's funny because they should have known that because the inspector will let you know. Have tables and serve people? Bam, have to have a public restroom. Tables but don't serve? Not an issue.

[dcloudy777]

From what I've read in TCA, they can bar you from using the restroom, (trespassing), but they can't charge you. 

[Randall53]

Common decency to anyone its if you have a restroom and someone is in need, you let then use it. Period. To demand a purchase is petty in my mind and in my opinion. You definitely don't GAIN customers on that fashion.

[DaveTN]

You guys aren't gonna believe this, but TN Code Annotated:
  An offense under this section is a Class C misdemeanor.

Ha Ha Ha, great find. I would go to the Sherriff and make a criminal complaint against the company that sent the letter, and I would see if Kimberly Curth wanted to go with me and see what the Sherriff does and says.

[Patton]

Dave, it makes me feel better that another LEO on here was surprised there was a TCA for facilities. I am still shocked that there is a TCA forbidden interracial marriages. I about croaked when I read about it and someone asked me how they go about seeking prosecution.

[Will Carry]

She must have really stunk up the place!  "Oh my God! Somebody get the liscense number of that car and open the windows!"

Edited February 23, 2013 by Will Carry

[Sam1]

Someone needs to get that law over to them.

Wouldn't that mean the cop is involved in committing a crime as well?

[Patton]

To seek criminal charges on the police they would have to go to the district attorneys office. I seriously doubt the DA would take the case on either the police or the restaurant. It would be so much more effective to take them to civil court.