• Is That Legal – Glitter Bombing

    Improv AZ Fake Protest Part Deux by Sheila Dee

    I love glitter. This is not a secret. On several occasions I’ve covered myself with glitter hairspray and shed glitter everywhere I went. I’ve even verbally assaulted cars about my enjoyment of glitter. I love the way it sparkles. It makes me happy.

    Glitter bombing is when someone throws glitter on an unsuspecting person, usually a public person who has strong anti-LGBT beliefs, to promote equality for the LGBT community. Newt Gingrich, Michelle Bachman, Mitt Romney, and Rick Santorum have all been glitter bombed.  When Newt Gingrich was glitter bombed by Nick Espinosa, Nick said, “Feel the rainbow, Newt. Stop the hate. Stop anti-gay politics” and he poured a box of glitter all over him. Marcus Bachman’s “pray the gay away” clinic was glitter bombed by a group of people dressed up as barbarians. When they were told that Marcus wasn’t in the building, they danced and threw glitter in the clinic’s lobby.

    I think glitter bombing is entertaining, but is it legal?

    Is It Illegal to Throw Glitter on Unsuspecting Persons?
    Probably. The law generally criminalizes the offensive touching of another person or putting a person in fear of offensive touching. Pouring or throwing glitter on a person without their consent could put the glitter bomber at risk of being charged with assault and/or battery depending on the applicable state law.

    What If Someone Gets Glitter in their Eye and Needs Medical Attention?
    We live in a society where we hold people financially responsible for the harm they cause. If a glitter bomb target or innocent bystander gets glitter in their eye and gets a scratched cornea, the glitter bomber can expect to be sued for the damages they caused.

    Photo by Nick Russano

    Why Aren’t Glitter Bombers Arrested?
    I suspect the politicians who have been glitter bombed don’t want to draw a lot of attention to the fact that people throw glitter at them. It might encourage more people to throw glitter at them. It definitely will interfere with them being able to focus on their platforms.

    Glitter bombers are generally rock stars for a day or two, and then life goes back to normal. If the glitter bomber is arrested for the assault, it could be in the news for weeks. I think politicians who get glitter bombed would rather their glitter bombers disappear into the background rather than shine a national spotlight on their attackers.

    I think glitter bombing is going to be around for a while. It’s a festive public demonstration, and so far I have heard of only one instance where a person was arrested for glitter bombing. I’ve heard of no injuries that would discourage would-be glitter bombers from doing it. The glitter bomb videos I’ve seen suggest that the worst thing that’s likely to happen to anyone is that they’ll been escorted away by the Secret Service or told to get off someone’s private property. But there is always a risk that they’ll be arrested, or face other consequences like being fired from their job or expelled from school.

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  • Is That Legal – Itsy Bitsy Spider Prank

    Spider by vtsr from Flickr

    Today, my friend Heather posted a link to the video of Sketch Empire’s Itsy Bitsy Spider Prank on Improv AZ’s Facebook wall. I laughed so hard. It was a great way to start the day.

    It looks like this prank took place in a mall. One prankster on an upper floor would lower a big spider on a string down in front of an unsuspecting person below and another prankster would film them freaking out. It’s simple, but funny when you get over-the-top reactions.

    One unsuspecting mall patron didn’t think it was funny. After being scared by the spider, he immediately spotted the cameraman across the way and demanded that he delete the footage of him.  He threatened to call the police to make the pranksters delete it.

    Is it Illegal to Scare People with Giant Fake Spiders?
    I think it’s unlikely that someone would be arrested or cited for a simple practical joke, especially one that lasts only a matter of seconds. When the motive is to be funny, not malicious, I have trouble finding criminal fault.

    I could see a situation, however, where someone gets scared by the spider and falls backwards in fright and breaks their wrist when they fall. In that situation, the pranksters are the direct cause of the fall and should be financially liable for the person’s injuries.

    Could it Ever be a Crime?
    Yes. The law generally criminalizes offensive touching of another person or putting a person in fear of offensive touching. If the pranksters touch someone with the spider or put a reasonable person in fear of being touched by the spider, they could be charged with assault and/or battery depending on the applicable state law.

    Did the Guy’s Argument that the Pranksters Invaded his Personal Space have Merit?
    Probably not. In general, a person does not have an expectation of privacy in their whereabouts in public. Our movements are videotaped all the time by security cameras. A person with a smartphone or flip is just one of many cameras on us any time we’re in public.

    If the mall had a policy against videotaping on the premises, the patron might have had a legitimate expectation of privacy while he was there, but I don’t know of any mall that doesn’t have security cameras.

    You do have a privacy right related to the commercialization of your image. If the pranksters are making money off that video, the guy might have an argument that the video interfered with that right, but still couldn’t prohibit the shooting of the video itself.

    Could the Pranksters get in Trouble with the Mall?
    It depends. Malls are private property and the mall cops have the responsibility to keep the peace. If they caught the pranksters scaring people with a giant spider, they would have the authority to tell them stop.

    Some malls have rules that prohibit patrons from taking pictures or shooting videos inside the mall. If that’s the rule at this mall, the pranksters could be told to stop filming or told to leave.

    I think the Itsy Bitsy Spider Prank is hilarious and pretty harmless. I think their biggest issue will be not getting caught by the mall cops if they continue to do it. Improv AZ learned the hard way that even when you think you’re taking all the proper precautions and are willing to leave upon request, the mall cops can still freak out and call the real cops, which isn’t fun at the time but makes for great YouTube footage.

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  • How I Got A Pony

     

    I’m someone who usually doesn’t ask for a lot of material things. When Santa Claus asks me for my Christmas list, I generally ask for gift certificates, and I fill gaps in my wardrobe. I don’t need much to be happy.

    One year while I was in college, I visited my parents for Thanksgiving. Mom asked me what I wanted for Christmas and there really wasn’t anything I had my heart set on. I responded, “I don’t know Mom. Get me a pony.”

    She got me a pony.

    Ok, so it’s 4 inches long and made of plastic, but it’s a pony. It’s been over 10 years since that Christmas and I still have it.

    Since that Christmas, I’ve acquired a pony collection. I have my plastic pony, pony socks, a pony calendar, and an awesome pony tote bag. I have not purchased a single piece of my collection, but it keeps growing. That might be because my response to a lot questions and statements is still, “I want a pony.”

    In 2010, my parents took a trip to Italy (and took my world-traveling red plastic slinky with them). Mom was so tickled when she saw a pony (ok it was a horse) in a plaza in Florence that was wearing a warning sign that said, “I bite.” She took a picture of it for me.

    The pony has acquired a dual meaning for me:

    1. Be careful what you ask for. You just might get it; and
    2. Ask for what you want. You just might get it.

    I think they’re both valuable lessons . . . and my pony collection continues to grow.

    I like to randomly ask people for a pony, like when my server at a restaurant asks if I need anything else. The reactions I get run the spectrum. A few years ago, I asked a server at Five & Diner, a ‘50’s style diner, for a pony, and she drew a sketch of a pony on my bill. She got a great tip that night, and I still have the sketch on my fridge.