A woman who made headlines as an activist for atheist causes has been charged with verbally simulating sex in the presence of a 10-year-old neighbor.
Ellen Beth Wachs, 48, was charged with lewd and lascivious behavior, the Polk County Sheriff's Office reported. Wachs has been prominent in her opposition to prayer at public meetings and challenged the constitutionality of the sheriff donating jail basketball hoops to Polk County churches.
An arrest affidavit said she was arrested following a Saturday morning dispute with a neighbor.
According to the affidavit, the 10-year-old boy was playing basketball when Wachs yelled through her open bedroom window for him to stop. The boy was joined outside by his father, who asserted his son's right to play the game.
Wachs then started making moans and other sounds that simulated sex until the boy and his father finally stopped playing basketball and went inside, the affidavit said.
Her attorney, John Ligouri, said he believes his client's prominence as an atheist has simply made her a target.
"I think at a fundamental level this is a reaction to her personal, political or religious positions, and I think that all of this flows from her speaking out in that context," Ligouri said.
Wachs was previously out on bail on a charge she was practicing law without a license. She was being held today without bail at Polk County Jail.
Polk Sheriff Grady Judd and State Attorney Jerry Hill declined comment.
Wachs next court hearing is Friday when her attorney will request a judge to set bail and release her from jail.
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