Wind of Injustice: Man Fined for Farting in Front of Police Argues It Was Freedom of Expression

Fart - Sputnik International, 1920, 17.04.2021
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The incident occurred last June in Vienna, Austria. The individual, who is referred to as “Mr AB” in court documents, was sitting on a bench with his friends when police officers approached them for a routine identity check.

The man, who was fined for farting in front of police officers, has filed a lawsuit arguing that breaking wind is freedom of expression, Austrian media reported. The perpetrator claimed that he did not do it intentionally and even if the fart were intentional, it would still have been his fundamental right.

But it looks like his explanation failed to impress the judge, who refused to cancel the fine. Rather, the judge argued that burps and farts can cause "social inappropriateness" and do not contain communicative content, but even if they did, they would still be considered a "form of expression that transcends the boundaries of decency".

However, the judge showed some clemency and lowered the complainant's fine from 500 euros (almost $600) to 100 euros ($119). The man and his legal team were unsatisfied with the ruling and plan to appeal the decision in Austria’s Constitutional Court. Lawyer Matej Zenz said the case is a matter of principle for his client and added that it is "petty" to be punished "for a fart".

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