SCRANTON, Pa., Oct. 23 (UPI) -- A Scranton, Pa., woman who was charged with disorderly conduct after swearing at her malfunctioning toilet said the city is paying her $19,000 not to sue.

Dawn Herb's attorney, Barry Dyller, and the American Civil Liberties Union announced Wednesday that the city has agreed to pay the sum to Herb after a judge threw out the charges against her, the Scranton Times-Tribune reported Thursday.


The judge said Herb's swearing at her broken commode in October 2007 was protected free speech.

Scranton City Solicitor Mary Theresa Paterson said the settlement was an "effort to cap Scranton's potential exposure to Ms. Herb and her lawyers."

"By this settlement, Scranton does not admit or acknowledge any wrongdoing on the part of the police officer," she said.