The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • Behind the Scenes at my Legal Rebel Photo Shoot

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    Ruth Carter

    A few months ago, I got an email from the American Bar Association that said I was selected as one of their 2012 Legal Rebels. They acknowledge 10 members of the legal community each year for being innovative. The ABA selected me because of my knowledge and work in flash mob law. As a co-founder of Improv AZ, I’ve studied the legalities of flash mobs since 2009 – it encompasses criminal, tort, property, First Amendment, and intellectual property law. I was very honored and humbled to be selected.

    The ABA needed a photo for my profile so they hired Phoenix photographer Don McPhee to take it. The ABA also sent me a pair of bright red Legal Rebel Converse sneakers and said they had to be somewhere in my photo. That was the end of their instructions to me. Don and I decided we wanted to shoot at the courthouses that had interesting architectural elements in downtown Phoenix. Don and I meshed well from the start.

    Ruth Carter, ABA Legal Rebel
    Photo by Don McPhee Photography

    Location #1: Maricopa County Superior Courthouse
    Our photo shoot started at 6am on Friday, July 6th. I met Don and his assistant Max in front of the courthouse where there’s a large statue of a horse standing on a book. Even though I didn’t see any signs that said “Do Not Climb” or “Stay Off,” I knew we had limited time. I swung myself up into the saddle and we started shooting.

    I think we took about 20 minutes worth of photos before we were approached by a security guard who said I couldn’t be up there for liability reasons. He informed us that we were on camera, which made me wonder how we lasted that long. We were respectful and explained what we were doing and that we did our due diligence before climbing onto the statue. When he saw that it was a legitimate photo shoot and that we were respectful he asked, “Did you get the shot you needed?”

    We finished our shoot at that courthouse with pictures on the book and some cool metal pillars that stand in the courtyard. Even though it was early in the morning, I was nervous I’d see someone who knew me and would figure out what the shoot was for.

    Ruth Carter, ABA Legal Rebel
    Photo by Don McPhee Photography

    Location #2: Arizona Supreme Court
    We took a lot of photos on the North side of the Arizona Supreme Court building. We started with some windows that were at ground level that led to offices in the basement. I sat on the ledge and Don worked various angles that incorporated my reflection in the glass. It was fun listening to Don and Max banter back and forth about lighting and angles. There were always looking for opportunistic shots. Don also explained a lot to me about body positions that feel awkward when you’re doing them but look awesome on film.

    Next we moved to the stairs which I think was when we hit the court security’s radar. He had a cigarette and watched us work and he only stopped us when I tried to stand on a tall wall. I suspect he thought I was a kid taking their senior portraits. I don’t know many lawyers who show up for a professional photo shoot in jeans and a t-shirt.

    Location #3: Phoenix Convention Center
    Our last stop was the 3rd floor of the Phoenix Convention Center, North building to shoot my video for the ABA. It’s the same place I took the Arizona Bar Exam last summer. The convention center has beautiful architectural elements. Don and Max were meticulous about the placement of my chair and the lights. It took a while to set it all up, but it was worth it. The ABA sent me a question to answer to go along with my profile. We did four takes and we were done. Don said it came out great. I didn’t want to see it because I feel weird when I watch myself on camera.

    I had a blast at my photo shoot with Don and Max. I highly recommend Don McPhee photography to anyone who needs professional photos. I’ve shared more of the photos from my shoot on Carter Law Firm’s Facebook page.

  • Is That Legal – Glitter Bombing

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    Ruth Carter

    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

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    Ruth Carter

    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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