Battery, Assault, Or Just A Request for Courtesy?

The element of intent in battery, assault, and other intentional torts is one of the trickier concepts to teach. 

Now, via the Facebook page for the finest theaters in the land, Alamo Drafthouse, comes the story of Dale Fout and Brenda Godwin, who were both at a Dallas area theater (not the Alamo).Fout received a text and looked at it during the movie.  Godwin, annoyed, tapped him on the shoulder and asked him to put it away.  Fout responded…strongly, we’ll say, telling her never to touch him and calling the police who, at his request, issued a citation for assault. 

While you contemplate whether the facts would support a civil claim for battery, enjoy the Alamo’s outstanding (if not for kids) presentation of a voicemail it received from a woman who was kicked out for texting during a movie:

–BC