An appeals court has reversed a municipal court's conviction of a Chelsea man who was ticketed by transport police for disturbing the peace after farting on the Tube. Brian DeBroder received several warnings before receiving the summons, this was after passengers complained about him numerous times.
Barristers Chabot Sanders and Beth Cassandro successfully represented their client's case before the appellate court.
The court vacated the previous judgement and issued an apology which Judge Fiona Maven read aloud.
"While bad breath and noxious bodily functions may be unpleasant, we must protect the citizenry's basic right to be comfortable in their own skin. Things like breathing and occasional flatulence are part of human existence and must not be criminalized. This ruling releases Mr. DeBroder from any further appearances on this matter, and we also offer our sincerest apologies for his trouble."
Judge Maven in the statement apparently referenced a previous case where Scott Baker of the US was arrested on the Tube for a severe case of garlic breath. Police and medical assistance were called for after several other passengers had passed out from Baker's garlic induced halitosis.
London police released Baker after determining a misdemeanor case was not worth pursuing against the man who returned to the US soon after the incident.
The legal case has brought much attention to the issue of farting on the London Underground, including the case of a man who was holding back a gaseous issue and was fatally burned when his intestinal gas was ignited by an exploding E-cig.
This reporter also interviewed tube riders about farting etiquette when riding London's Underground.