Brittany Patterson was recently arrested in Fannin County, Georgia, after a police officer found her 10-year-old son walking by himself. She was charged for violating the “reckless conduct” statute, which was ruled unconstitutional in 1997 by the Georgia Supreme Court. Brittany and ParentsUSA Executive Director & General Counsel David DeLugas join Glenn to tell this dystopian story. You can find out more and join the fight to protect parental rights at https://parentsusa.org

Transcript

Below is a rush transcript that may contain errors

GLENN: Brittany Patterson is on with us now.

And also her attorney. Want to make sure that she doesn't say anything that would cost her in court.

David Delugas is with the Parents USA.

He's an executive director, and general counsel. Brittany, tell this audience your story.

What happened to you?

BRITTANY: So basically I have two kids that homeschool. And two kids that go to public school.

And any time I leave the house to run errands, or take somebody to the appointment.

The homeschool kids always get the choice to stay or go.

So on this particular day, I had to take my older son, to an appointment.

And so I had to pick him up at school, and take him.

And I thought that both my homeschool kids were going to come.

But when I went back to holler for them. They didn't answer.

I waited for a minute.

Hollered again. Didn't answer. So I figured, he didn't want to come.

And he was somewhere out on the property.

Or somewhere in the House, where he couldn't hear me. Or something like that.

So, I mean, went ahead and left. And went and picked up my son.

Took him to the doctor. And while we were at the doctor, I got a call from a sheriff's deputy, saying that she had found Soren, less than a mile from our house. In a little tiny town of middle bluff.

GLENN: What's the population of that town?

BRITTANY: So I don't know exactly. But it's like 350, I think, 370 something like that.

GLENN: 370 people?

BRITTANY: Yes.

GLENN: Okay. All right. So huge metropolis.

BRITTANY: There's a four-way stop sign. That's all there is.

GLENN: Okay. Okay.

BRITTANY: So, anyway, she started asking me questions. If I knew he was there.

Of course, I said no. Because I didn't.

And, you know, she seemed very concerned that something terrible was going to happen to him.

I was not concerned.

So basically, she ended up putting her in her car. And bringing him back to my house.

And my dad just for some background. My dad lives in our basement apartment.

And he's pretty much here all the time.

Because he has a physical disability. So he can't drive.

GLENN: Okay.

BRITTANY: So there's basically always an adult in my house with my kids. Not that there needs to be. But there always is.

GLENN: Okay. And, I mean, want to make sure. Your kids are 11, 12, 14, and 16.

And at the time, Soren, the child that was out walking. Was ten. Correct?

BRITTANY: Correct. He was a few days from turning 11. But he was still ten.

So they brought him home, and dropped him back off at home.

With my dad down stairs. Which is exactly the same way that I left him.

And they left. And so he was here. You know, without me. Or without the police.

Exactly the way I left him, for about 20 minutes, before I -- and so, you know, of course, I had a talk with him. Because I do tell all my kids. You know, if you want to go somewhere.

Send me a text. Call me.

Let me know where you will go. So that way, I can kind of keep tabs on you.

And he obviously didn't do that. So I gave him a little talking to about that.

And then we just kind of went about our day.

And about five minutes later, around 6:30, is when they showed up to arrest me.

GLENN: Okay. I just -- hang on. I just want to bring people up to speed here.

So you know who you're listening to. She was a kindergarten teacher.

She has a master's degree in education leadership. And curriculum obstruction.

Professional teaching license in Atlanta and Georgia. Her husband, Josh. Been in an organization of 17 years.

At all levels. Has been the superintendent of schools, for seven years.

He has a doctorate degree in educational leadership. She left education to go into real estate, because the demands of the kids' competitive sports wasn't working with her teaching schedule.

And that's who you're dealing with. So you're not dealing with people who just -- who don't know what they're doing with children.

You know, they're teachers. They have a doctorate. They know so much more.

This is -- these are professional people.

That have spent their lifetime teaching children, and being around children.

So when they came to your door, in this town of, how many people again?

Thee hundred --

PETER: About 370.

GLENN: About 370 people.

So, you know, one of them leaving the other 369 at home in their beds. What did they say to you?

BRITTANY: They didn't really say anything, other than they asked me to step outside, and put my hands behind my back. So at that point, I asked why. And the female officer said, because you're under arrest. And so, again, I asked, what am I under arrest for?

And for the second time, I didn't get a straight answer.

She said for the incident we spoke about earlier. So then I asked again, so what am I under arrest for? And she said, child -- or reckless endangerment. Which my attorney has told me is not even a thing that exists in Georgia. It could have just been her misspeaking.

But the point is -- and at that point I was going to ask, you know, what -- what was reckless?

What led to this?

I was going to ask for a warrant, that they basically forced me to turn around. Put my hands behind my back.

And they weren't going to answer anymore with any more questions.

GLENN: That sounds like the Soviet Union. Yes, go ahead. David.

DAVID: Yeah. And Brit knows from the body cam. What we heard is Brit said, last time I checked, it wasn't illegal for a kid to walk to the store.

And remarkably, the deputy immediately says, it is when they're ten!

And I -- I assure everybody, it's not illegal for a 10-year-old to be out and about walking. Not in the state of Georgia, it's not. For a deputy to say, it is illegal when they're ten.

GLENN: I grew up in a different time. So make no mistake.

I'm 60.

I think at about six, I went to the store, for a pack of graduates, for my dad.

I mean, at ten. At ten, you could have bought a gun and bullets!

But now, you know, God forbid, in a town where, many my town of 450 people.

Kids can drive trucks, down the road, because it's a farming community.

Stop treating children, like they're morons. Anyway, go ahead.

BRITTANY: Yeah. Well, the point I was going to make is that when I went to jail, I still didn't understand even though I had asked multiple times. I didn't know really what I was being arrested for.

I didn't find that out, until I got to jail, had already been stripped down and changed and fingerprinted.

And body cammed. And all that stuff.

And then they hand me the arrest warrant.

So at that point, I was ready to read it, and understand what -- what they thought was the justification for arresting me.

GLENN: Oh, my gosh.

Could I just ask, what is this sheriff's name?

The sheriff. Not the deputy. The sheriff of your county.

BRITTANY: So the sheriff of Fannin County is Dane Kirby. And he's been the sheriff for quite some time. I don't know exactly how many years, but several terms.

GLENN: Probably time for him to go away. When is he up for reelection? Do you know?

BRITTANY: I think --

DAVID: Yeah, it's not necessarily -- matters.

I mean, you know, the people in the county can likely become informed, and decide what they will do. But we don't take a stance about his election, or his culpability.

GLENN: Oh, no. No, no, no.

I'm not suggesting you do.

I am. I am -- I am an advocate of sheriffs that follow the Constitution, sheriffs are there. To protect the people of their county.

From out of control government entities.

If they become out of control, the people have the right and the duty to remove them!

So if you happen to live in this county, and your sheriff is Dana Kirby.

I don't know what you're doing.

But I would be out -- I would be -- I would be -- there's only 300, what?

70-some doors to knock on.

I would be knocking on every single one.

Including his. And saying, we need to get this sheriff recalled.

But, anyway, I digress.

DAVID: It's a bigger county than 370. But I get your point. It's an extraordinarily valuable point.

Let me throw this in, while we're talking about following the Constitution. Really, really significant, the statute Brent was charged with violating, is actually called reckless conduct. And, hey, in 1997, the Georgia Supreme Court held that statute unconstitutional because it's too vague and gives law enforcement too much power. So how about that? 1997. You would think in what's -- 27 years? Law enforcement in Fannin County would figure out that that statute doesn't apply.

GLENN: What's the name of this county again in Georgia?
DAVID: Fannin. F-A-N-N-I-N.

GLENN: F-A-N-N-I-N?
BRITTANY: Yes.
GLENN: Fannin County in Georgia.

Okay.

So what's next for you?

BRITTANY: Well, right now, we're just kind of in limbo. There's not been any real communication from the county. There's been no offers put on the table, or anything like that.

So really, kind of it's up to them, you know, what happens next.

They have multiple options that they could, you know, decide on. But in the meantime, you know, David and I have just been kind of raising awareness. Because before this happens to me.

I was living in the dark. I had no idea that this was even possible to happen to anybody. Review and since I kind of went public, and, you know, I've just been getting comments.

I've even gotten some cards in the mail and emails, and stuff like that.

From people all over the country, who some of them have found themselves in a similar situation, you know, at some point.

And so it kind of opened my eyes they can't be this is something that does happen.

That I think just a lot of us parents didn't even realize it was a possibility that was happening.

And so I'm just trying to bring that to light. That, you know, we do still have to kind of fight for our parental rights. And make sure that those are something that we get to hold on to.

Because I found that no matter which side of the aisle, people are on. Whether they want to be overprotective. Or let their kids be wild and free.

Both sides don't really want the government involved.

They want to be able to make those decisions as parents. And so it's just been interesting to see. Even though we might have philosophical differences on how to approach parenting. That we can still agree on that same thing.

GLENN: I mean, if you're sending your kid out to go to the store, to pick up some extra ingredients, so you can cook crack in the basement. That might be a problem.

But letting your kid go for a walk, to the store is absolutely normal. The country is out of control, when it comes to everybody and everything is a danger.

It's not. We're creating a society, where kids are -- are still kids, when they're 30 years old. And they don't know what to do.

Give your kids credit.

DAVID: You're on point there.

Absolutely. Let me throw a plug in for an organization called letgrow.org.

And they published statistics and advocate for parents providing more responsibility and freedom for their children, because it's better for kids.

And one of the things they at that they do is dispel this notion, that kids are going to be kidnapped and snatched off the side of the roads. So you should never let your kids be alone.

CDC, to the extent that anybody protects the CDC. But the CDC far and away, the most danger that a child is in, is when they're in an automobile.

So what did this deputy do?

Put them in a car, and driving him, during which could have been an arrest.

And even maybe, more -- more dangerous. Could have been one of those calls. Shots fired.

Officer down. This deputy would have been wheeled right to the scene. And taken this kid right into an active shooter.

Don't put kids in the back of a car, because you will give them a ride home. Leave them alone!