[clevfan]

Berkley parking ticket case dismissed
Judge says man must write new check, without profanity
By JULIE EDGAR
FREE PRESS STAFF WRITER

June 28, 2006

Rob Militzer didn't exactly apologize to a judge today for the profanity he scrawled on a personal check sent to the court earlier this month to cover a $10 parking ticket.

No, he simply said he regretted that the court took offense at the words "bullshit money grab" on the check and agreed to write a fresh check. In exchange, Berkley District Court Judge William Sauer said he'd dismiss the order asking Militzer to answer to contempt of court charges.

A case that was shaping up to be a fine test of freedom of speech rights sputtered out there and then, with Militzer, of Allen Park, stiffly walking out to the cashier's window at the courthouse in his dark blue suitcoat and tie accompanied by his American Civil Liberties Union attorney.

Elsa Shartsis, who filed a brief with the court this morning challenging the order for Militzer to answer to contempt of court charges, said she respected his decision.

"The law was on our side, but it was our client's choice" to drop the matter, Shartsis said.

Militzer, 38, received a ticket for parking illegally on Oxford Street on May 29. He maintained that there weren't signs prohibiting overnight parking but he didn't feel like taking time from his job as a computer programmer in Warren to fight the ticket. The check with the offending words was sent instead, and on June 8, two Allen Park police officers came to his door to serve him with Sauer's order.
While Militzer has said he's not much of a rebel and knew he'd probably acted in haste, he called the ACLU.

Today, Militzer wouldn't talk to the media, as per the instructions of Shartsis. But his dad, also named Robert Militzer, was happy to oblige the television and newspaper reporters who filled the seats in the small courtroom.

"He's a chip off the old block. I'm outspoken, too," said Militzer, a 63-year-old sales rep from Fenton. "I wish he'd restrained himself, obviously. I'm certainly glad it's over."

With that, he and his son made plans to meet for lunch at a nearby restaurant.