Contempt charge for crude T-shirt stands
A Lake County judge on Monday denied a motion to vacate a finding of contempt of court against a Round Lake Park woman, who as a spectator, wore a T-shirt with a crude saying to court.
Associate Judge Helen S. Rozenberg said Jennifer LaPenta displayed herself "in a manner that was aimed at putting the court in disrepute," and "her attitude ... was contemptuous of the court to say the least."
LaPenta, 19, had given a friend a ride to Rozenberg's courtroom May 3. She sat in the front row wearing a T-shirt with a slogan referring to a part of the female anatomy and sweatpants.
Rozenberg found LaPenta in contempt and ordered her jailed for two days.
LaPenta was released after one day, but was back in court Monday with her lawyer, Peter Kalagis of Park Ridge. She was wearing black pants and a short-sleeve button shirt over a yellow pullover.
In his motion, Kalagis contended LaPenta was merely accompanying a friend, and in "no way" was interfering with court proceedings or the administration of justice.
LaPenta had served her sentence and was seeking to "clear this unfortunate event from her permanent record," according to the motion.
"It did not impede any matter," Kalagis argued. "She was merely in the gallery."
But Rozenberg, in the give and take with Kalagis, held LaPenta was given an opportunity to explain but did not offer an excuse "as to her display of the content of the T-shirt in an open court."
"She didn't offer anything to obviate the need of a finding of contempt," Rozenberg said.
Rozenberg added a contention in the motion saying the court disapproved of the words on the T-shirt was inaccurate.
Whether or when LaPenta offered to remove the shirt also was in dispute.
The motion stated LaPenta explained in court she was not a party to any case and didn't have time to change before arriving. It adds LaPenta was there only to give her friend a ride and would have worn a different shirt if she had been a party to an action.
"None of that was said," Rozenberg noted.
LaPenta offered to remove the shirt and did so, and also offered to leave the courtroom, according to the motion.
"She never offered to remove her shirt," Rozenberg said. Neither did LaPenta offer to cover it up or leave the courtroom, she added.
Rozenberg said the contempt power is to be used sparingly, which she has done in 18 years on the bench. She added LaPenta's behavior was "outrageous" and her dress, attitude and speech hindered the court's operation.
"Her intent was to disrupt the court and that's exactly what she did," Rozenberg said.
After the hearing, Kalagis said the issue has to do with freedom of expression, and the situation did not rise to the standard of the contempt charge.
He described the two-day sentence as "quite harsh," and said LaPenta may appeal to a state or federal court.
"I feel I shouldn't have that on my record," LaPenta said after the hearing, "and I feel I shouldn't have experienced that over a shirt."
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<li><a href="/story/?id=378498">Judge jails Round Lake woman over profane T-shirt <span class="date">[05/05/10]</span></a></li>
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