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Lewes, Delaware
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August 5, 2008     Cape Gazette
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August 5, 2008

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T 14 TUESDAY, AUGUST 5 - THURSDAY, AUGUST 7, 2008 NEWS Cape Gazette Ik Dewey Continued from page 1 said. Dewey&apos;s criminal codealready includes laws i:egarding disor- derly conduct, lewdness and in- decent exposure. Each of the crimes is a class B misdemeanor punishable by up to six months imprisonment and a fine of $50 to $1,150. The disorderly conduct law prohibits nine types of conduct that include making an unrea- sonable noise or an offensively coarse utterance, gesture or dis- pla or addressing abusive lan- guage to any person. A person who exposes his genitals or does any lewd act in a public place where it's likely to cause affront or harm is guilty of indecent ex- posure or lewdness. Police on duty at the Starboard during it's July 14 Running of the Bull did not think matador- themed outfits worn by Roberta Hennessy, owner of the Dewey lingerie shop Sea of Seductions, and her employee Tiffany Diff- enderfer were lewd or that they resulted in indecent exposure. However, Tush and a woman Tush said complained to her found the outfits offensive. "In my mind the girl had her but- tocks exposed and that is not ap- propriate for out on the street," Tush said. "A citizen saw her from the'back and was very out- raged, very upset." Tush said she asked police to remove Hennessy and Diffend- effer from the Starboard and the streets and to make them go back to their shop at the Izzy Plaza. The police did so. Se./mtadon at the Staeaoad Helmessy said she and Diff- enderfer expected no problems when they dressed up and went to the Starboard where they joined a crowd of at least 1,000 people. Among them were peo- ple in a bull costume who pan- tomimed a lewd act with a per- son in a cow costume, many young women clad in tiny bikinis much more revealing than the outfit worn by Diffenderfer from all views, and a protestor from the People for the Ethical Treat- ment of Animal Costumes with a sign strategically placed between her ample breasts that read "Fake boobs, not fur!" "We called ourselves the Ma- mador and the Matador," said Hennessy. She said she was sur- prised when a Starboard employ ee came to her at the bar to tell her there was an officer outside who needed to see her. Hennessy said the officer told her he had to have two officers escort her and Diffenderfer back to their store. "He told me he knew it was wrong and that we were not breaking the law, but he had to do what the mayor said;' Hennessy said. CpL Henry Powell, a six-year veteran of the Dewey Police De- partment who completed his last day as one of its employees on Aug. 3, said the mayor stopped him on the road and told him a lady and child Complained and said Hennessy and Diffenderfer shouldn't be out in public. Powell said he had already seen the women twice and saw nothing wrong with their attire. 'IN MY MIND THE GIRL HAD HER BUTTOCKS EXPOSED AND THAT IS NOT APPROPRIATE FOR OUT ON THE STREET.' - DEWEY BEACH MAYOR DELL TUSH "If it was just me, I wouldn't have done that, but someone was over my head," Powell said. "I saw a lot worse on the run and I didn't want to do it, but the may- or signs the checks." During an Aug. 3 interview Hennessy said the mayor and po- lice violated her constitutional fights. She added that she com- plied and returned to her shop to avoid a public confrontation. Diffenderfer, Hennessy and the police walking with them passed Tush and her husband on the way back to the lingerie store. Tush told them their clothing was obscene to which Hennessy responded that it was much more clothing than seen on most women wearing bathing suits around the town. "This is not against the law," said Diffendeffer. "It will be," said Tush, vowing to make an ordinance. L,e mlinma Tush said the existence of sim- ilar ordinances means the possi- ble obscenity ordinances sched- tried for discussion are not big is- sues. Asked if the liscussion items will be removed from the agenda became other similar or- dinances exist, Tush said she did not know and would have to dis- cuss the matter with the town manager. She gave the same re- sponse when asked if they had been included as agenda items in error. "Tomorrow we'll know if it's on or off the agenda," Tmh said. As of 1:15 p.m. Monday, Aug. 4, the items were on the agenda. Town Manager Gordon Elliott telephoned the Cape Gazette at 2:40 pan. and said the items had been dismissed. Police Chief Sam Mackert and Town Attorney Glenn Mandalas could not be reached for com- ment. New water resources director named Department of Natural Resources and Enviroranental Control Sec- retary John A. Hughes announced recently that Dr. Katherine Bunting-Howarth is the new director of the Division of Water Re- sources, effective immediately. Bunting-Howarth, 38, served as acting director of the division for two months prior to her appointment. She also was acting administrator for the division's Financial Assis- tance Branch, where she administered the -Clean Water State Revolv- ing Fund programs for municipal wastewater treatment and non- point source loan programs, and staffed the Clean Water Advisory Council. <>Don Foraker, Jr., CPAo Certified Public Accountant and Business Advisor If you need help with the following: Advice on Setting up or Buying a Business Payroll Returns - Bookkeeping QuickBooks Set-Up & Maintenance Give us a call, we can help! 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