In Jacksonville, Fla., 911 received a call from a customer at a sub shop. The shop wasn't making his sandwich correctly. They weren't using the spicy sauce. He paid more than $12, and he was furious they ignored his instructions. He called 911 a second time to complain that police didn't arrive fast enough. He got what he deserved. Police responded. He was arrested for making a false 911 call.
Then there's the case of the Pittsfield, Maine, woman who called 911 more than a dozen times in July 2007 reporting her house key missing. It turned out the key had been borrowed and returned. She was described as intoxicated at the time of the calls. She was arrested and charged with what Maine categorizes as a Class E misdemeanor.
Officials created 911 to coordinate emergency services. Police, fire, medical, environmental and other responders can be notified ASAP on the basis of one call.
Of course, the system depends on reasonable and coherent people calling in with actual emergencies.
The nature of an emergency is one of those things that elude precise definition. You see flames, a home invader, a person injured — it's a safe bet you should call 911 now and think about it later. Reasonable people know it when they see it. Reasonable is the key.
New Hampshire law has a charge known as misuse of the 911 system. It is defined as any deliberate use of 911 for any reason other than seeking emergency assistance from fire, police or other safety related agencies (RSA 106-H:15). The third offense within one year is a violation.
Calling 911 with a false alarm is a misdemeanor (RSA 106-H:13). Knowingly calling 911 with a false report on the existence of biological or chemical substances is a class B felony.
When the New Hampshire Legislature passed its version of the universal 911 system, they defined emergency services. Fire, police, ambulance, rescue and other services of an emergency nature are included.
Calls are made about bad weather, bad sub sandwiches, missing keys. The dangerous thing is that one can imagine how senses would numb, especially in a busy metropolitan area. It's probably fair to say that some dispatchers can acquire a thick skin.
In April 2006, a 5-year-old called 911 in Detroit after his mother collapsed in their apartment. The 911 operator told the boy he should not be playing on the phone. Hours later, before any response, before anyone took the boy's call seriously, the 46-year-old mother, Sherrill Turner, was dead.
Turner's death can't be justified. At the same time, when human systems are built on the assumption that people act reasonably, things can break down.
Operators in Jacksonville were willing to give the frivolous caller one pass. He didn't take the hint. There are two losers. The guy who couldn't take a hint and people who rely on the system in a true emergency.
Andrew Myers of Derry has law offices in Derry and North Andover, Mass. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.
