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Ok, before you all get yourselves into a tizzy let's sort out the facts.
This is a disorderly conduct charge which is minor and is quite broad including public drunkenness or otherwise just making an a** out of yourself.
It is NOT related to getting kicked off private property like what happened at Disney or if you decide to walk into the local Pizza Hut without shoes on.
It is NOT related to zero tolerance policies at school.
While I agree that such a gesture should be criminalized if its intent is to threaten someone with violence (as seems to be the case here) and you have the actual means to carry out that threat (i.e. you own a firearm and not some hypothetical you can go buy a gun tomorrow crap), the charge of "disorderly conduct" is completely ridiculous. Such disorderly conduct laws were not meant to encompass this kind of behavior. If you want to criminalize threats of violence, then the legislature should explicitly do so vs. having prosecutors and judges stretch and misinterpret the law to suit their beliefs.
Ok, before you all get yourselves into a tizzy let's sort out the facts.
This is a disorderly conduct charge which is minor and is quite broad including public drunkenness or otherwise just making an a** out of yourself.
It is NOT related to getting kicked off private property like what happened at Disney or if you decide to walk into the local Pizza Hut without shoes on.
It is NOT related to zero tolerance policies at school.
So?
Those incorrect analogies have no significance to the validiy of this charge.
It's still a crime (and making an arse of yourself isn't, BTW), whether or not it's a minor charge under the "disorderly conduct" umbrella.
It wouldn't be upheld, either, but the only one with standing to fight it, won't bother because of the relative expense.
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