• Is That Legal – Freaky The Scary Snowman

    Freaky The Scary Snowman
    Photo by Freaky The Scary Snowman

    Freaky The Scary Snowman is an ingenious spectacle on the East Coast. Freaky is really a shell of a snowman made primarily out of chicken wire and insulation foam. One person puts of the Freaky costume and stands unassumingly on the sidewalk. When someone walks by, Freaky turns his head or his whole body and scares the bejezus out of them. One of the other masterminds tapes these incidents and compiles them into YouTube videos.

    I’m biased when it comes to Freaky. I think he’s hilarious. I look forward to every new video.

    Recently the guys were filming Freaky in Providence, Rhode lsland and they were approached by a police officer. The officer told them that the guys had to leave because the police had received “a lot of complaints” about Freaky and that people were “falling off the curb.” None of the recently released videos showed anyone falling down. The most I saw were people stepping off the curb. It made me question the legalities of Freaky the Snowman.

    Does Freaky Commit Disorderly Conduct?
    I think that’s a stretch. Disorderly conduct in Rhode Island involves engaging “in fighting or threatening, or in violent or tumultuous behavior.” I don’t think being a barely moving snowman counts as threatening behavior, even if it results in people being momentarily frightened.

    What About Blocking the Sidewalk?
    You can commit disorderly conduct if you obstruct a sidewalk in Rhode Island; however, Freaky isn’t big enough to obstruct a sidewalk if he’s standing up. A person could easily share a sidewalk with him.

    Can Freaky Scaring People be an Assault?
    In Rhode Island, you commit assault by putting someone in fear of physical contact, without ever laying a finger on the victim. People who are scared by Freaky sometimes raise a fist as if to defend themselves when they see him move. That could be evidence of assault. I think Freaky’s best argument is he doesn’t have any arms to hit with which to hit anyone and he usually turns in place towards the person. He rarely gets physically closer to the unsuspecting person than the person voluntarily put themselves.

    Could Freaky Face Civil Charges?
    I would think this could be a bigger concern than criminal charges. There is lots of footage of people stepping off the sidewalk when they’re scared. If a person stepped off the curb and into oncoming traffic, the Freaky guys could be held liable.

    Freaky doesn’t have any arms. If he falls there’s no way he can break his fall or prevent himself from falling on whatever’s in his path. There was an incident where a man punched Freaky out of fear. Freaky fell like a stone and took out a small child. Don’t worry, the kid was fine. If someone ever gets hurt by a falling Freaky, the guys could be at least held partially responsible.

    I’m not completely convinced that the Providence Police had enough evidence to make Freaky leave, but I think the guys made the right choice to move on. The end of their latest video shows Freaky in Newport where a police officer was standing on the corner laughing while Freaky was down the street, scaring people passing by.

    Enhanced by Zemanta
  • The best thing I did in law school was the 2009 No Pants Light Rail Ride in Phoenix, Arizona. The people I met there opened the doors to the opportunities that made me the lawyer and the person I am today.

    Photo by Jamey Peachy

    Improv Everywhere has been doing the No Pants Subway Ride since 2002. In preparation for the 2009 ride, they invited everyone to organize No Pants Rides on the same day in cities all over the world. Jeff Moriarty conspired with a small group of his friends to do a ride on the newly opened light rail in Phoenix. I was a first-year law student and really a nobody in my school and the greater legal community. I didn’t know Jeff back then, but I saw the event on Facebook and signed up to do it with some of my friends.

    On the day of the ride, all of my friends who were supposed to do the No Pants Ride with me chickened out. I wasn’t surprised. I said, “You guys all suck. I’m going without you” and I headed out to Tempe to meet my fellow pantsless riders. I figured Jeff had to be a cool guy for organizing the ride, so I purposely stood next to him on the ride and chatted all the way to our final destination.

    The rest is history. I can show you, in 7 connections or less, how participating in the 2009 No Pants Ride led to some of my best professional opportunities and experiences.

    No Pants Ride >>> Establishing Myself as a Legal Expert

    • Many of the people at the 2009 No Pants Ride are involved in blogging. This inspired me to have a blog.
    • Jeff Moriarty helped me create UndeniableRuth.com in January 2010.
    • I wrote, and still write, weekly posts about legal issues.
    • My posts demonstrated that I have a unique voice and competence in certain areas of law.
    • I parlayed my expertise into opportunities to write dozens of guest blog posts; provide quotes for news articles and blogs; participate in TV, radio, and podcast interviews; and give presentations at conferences.

    No Pants Ride >>> Sponsor A Law Kid  

    • I met Jeff at the 2009 No Pants Ride.
    • Jeff is the creator of Ignite Phoenix. He encouraged me to apply to be an Ignite presenter.
    • I was selected for Ignite Phoenix #5 to present Frosting the Law.
    • Kade Dworkin was one of my fellow presenters at Ignite Phoenix #5.
    • Kade had a podcast in 2010 called Meet My Followers where he interviewed his Twitter followers.
    • One of Kade’s guests was Jason Sadler, founder of I Wear Your Shirt.
    • I Wear Your Shirt inspired me to create Sponsor A Law Kid, that funded part of my final semester of law school in 2011.

    No Pants Ride >>> Paid Blogger for Attorney at Work

    • A group of us from the 2009 No Pants Ride founded Improv AZ to continue to do flash mobs and pranks in Phoenix.
    • Planning events with Improv AZ sparked my interest in flash mob law.
    • I asked Ari Kaplan whether this might be a viable niche.
    • Ari used my interest in an article for Law Practice Magazine in the fall of 2009.
    • The editor of the magazine, Mark Feldman, loved it. He continued to follow me and blog.
    • When Mark created Attorney at Work with Joan Feldman and Merrilyn Astin Tarlton, they invited me to be one of their professional bloggers in 2011.

    And that’s the tip of the iceberg. I can show how the No Pants Ride led to making some of my best professional connections, writing my first book, developing an interest in podcasting, and meeting some of the most wonderful people in my life.

    The 2012 Global No Pants Ride is this Sunday, January 8th in at least 56 cities. If there’s a ride near you, you should go. You never know what will come out of it.

    Enhanced by Zemanta
  • Is That Legal – Apple Store Flash Mob

    Disclaimer: I am not an attorney. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

    (cc) Devon Christopher Adams

    This past weekend, Improv AZ organized a flash mob that invaded the Apple Store in Scottsdale. Our friends at Brand X Custom T-Shirts made ours shirts that resembled the Apple Store employees’. Each participant wore a royal blue shirt with a heart on it that had a leaf coming out of the top and a bite taken out of the side. Our group of about 30 participants walked into the store in small groups and proceeded to browse around for about 30 minutes, looking at and buying merchandise. We never represented ourselves as Apple employees, but if someone mistook us for an employee, we answered their question if we could or directed them to an Apple employee. If anyone asked us what we doing, we denied any implications that were acting in conjunction with each other. At the end of our invasion, we walked out calmly, took some pictures in front of the store, and left.

    Did We Trespass?
    No. The Apple Store is open to do business with the public. In legal terms, we were invitees. If we were asked to leave and we refused, then we would have been trespassing.

    But You Weren’t There To Shop . . .
    And how many times have you gone into a store just to look around with no intention of buying anything? At least one person in our group purchased something and several others looked at products that they were possibly interested in buying in the future. Additionally, we did not do anything that interfered with other shoppers’ ability to shop or employees’ ability to work.

    Did We Commit Disorderly Conduct? Unlawful Assembly?
    No. You have to behave pretty badly for those charges to stick. Peacefully walking through a business that is open to the public in matching shirts is not illegal. We weren’t rioting, fighting, disrupting business, making unreasonable noise, or refusing a lawful order to disperse.

    Our Shirt vs. Their Shirt (cc) Devon Christopher Adams

    Did We Commit Trademark Infringement?
    Apple uses the apple with the bite out of it as a symbol of the source of its goods. Our apple-heart was not indicative of the source of any goods or services. There’s no trademark infringement because we weren’t claiming anything as a trademark.

    Did We Commit Copyright Infringement?
    I wouldn’t be surprised if Improv AZ and/or Brand X get cease and desist letters based on copyright infringement because our design was inspired by Apple’s logo. However, I’d argue that we created a parody that is protected under the fair use doctrine. A parody needs to resemble the original in order for people to get it; thus our shirts had to resemble the Apple shirts to be funny. Improv AZ did not make any money of these shirts, and Brand X probably isn’t turning a big profit either. Additionally, Apple doesn’t sell its shirt to the general public, and there’s no way someone who wants an Apple shirt would buy ours thinking it was close enough to what they wanted.

    Thank you to everyone who came out to make this event a success and to Devon Christopher Adams and Sheila Dee for shooting such wonderful pictures of the event! If you want your own apple-heart shirt, they are available at Brand X Custom T-shirts.

    Enhanced by Zemanta