Remember the story of the four McDonald's "rappers" who tried to "rap" their order at a McDonald's drive-through restaurant at 406 E. State St in American Fork, Utah back on October 27th, 2009. They apparently got the idea from a McDonald's commercial still circulating on YouTube which shows a customer "rapping" his order. A disturbance resulted, and even though there was no property damage and no one got hurt, all were subsequently arrested and charged with disorderly conduct. More details of the incident were posted HERE.
Both the Provo Daily Herald, the Salt Lake Tribune, and KSL Channel 5 report that one of them, 18-year-old Spenser Dauwalder, was found not guilty of disorderly conduct after a trial on May 18th, 2010. Judge Thomas Low said the evidence presented at trial did not rise to the level of disorderly conduct. KSL news video embedded below:
The bottom line - while Dauwalder used abusive language, Judge Low decided based upon the testimony given in court that it did not rise to the level of unreasonable noises in a public place, which would support a disorderly conduct infraction. So for the behavior to be considered disorderly conduct, it has to be both abusive and loud enough to be disruptive.
Dauwalder's attorney, Ann Boyle, said she was pleased with the verdict in a case that she said came down to First Amendment rights. She said there were no threats involved, and she feels police officers often try to issue disorderly conduct citations based on profanity. In contrast, prosecutor Kasey Wright said he was disappointed in the verdict, and he thought there was evidence that there was cause for the manager to call police and for police to cite the boys with disorderly conduct. He said the boys have also not been honest throughout the case.
The other three individuals are Gage Christensen, Morgan Glissmeyer, and Trevor Tolbert, all of who were 17 at the time of the incident. Their cases will be heard in juvenile court, and have been on hold pending the resolution of Dauwalder's case. Most likely they, too, will be found not guilty, based upon today's outcome as a precedence.
Morgan Glissmeyer is NOT related to Independent Second District Congressional Candidate Dave Glissmeyer.