• Flash Mobs Are Not Crimes

    Disclaimer: I am not a lawyer.  This blog should not be viewed as legal advice.  It is simply my experiences, opinions, and information I looked up on the internet.

    It appears the term “flash mob” is being used inappropriately and its meaning is being overly broadened to include any group activity that is coordinated using social media.  This year, there have been several robberies and assaults perpetrated by a group of people that appear (at least on the surface) to have been orchestrated via social media sites.  The media has called them “flash mob crimes.”  They make it sound like someone created a Facebook event that said, “Meet at Broadway and Main at 10pm.  At exactly 10:03, we’re all going to run into the minimart, grab whatever we want, and run out.”  That’s not a flash mob.  That’s solicitation and possibly conspiracy.  If the event actually occurs, it’s larceny and perhaps inciting a riot.

    Improv AZ – Where's Waldo Flash Mob Photo by Jeff Moriarty

    A flash mob is defined as “a group of people who assemble suddenly in a public place, perform an unusual and sometimes seemingly pointless act for a brief time, then disperse, often for the purposes of entertainment and/or satire.”  Flash mobs have been occurring at least since the 1970’s.  In recent years, they have been orchestrated via email and social media websites; however, that does not mean that every public group activity that is coordinated via social media is a flash mob.

    Flash mobs are generally light-hearted innocuous fun.  People who participate in flash mobs ride public transportation without their pants; they welcome back strangers at the airport; they have fake battles between heroes and villains; and they stand frozen in place for short periods of time.  Some protests and promotional events are referred to as “flash mobs,” but technically they’re not.  And any event that has a criminal intent is definitely not a flash mob.

    I give the media some leeway when it comes to coining terms; however, I was deeply disturbed when I saw a legal website refer to flash mobs as including criminal behavior.  It suggests the writer did not do their research on this topic.

    I love flash mobs.  I have been participating in them and organizing them since 2009.  When Improv AZ organizes a flash mob, we do thorough research on the potential legal implications of our event.  I have attended an event with pages of statutes in my back pocket to ensure that we’re acting within the confines of the law.  We are diligent to inform our participants in advance of their do’s and don’ts.  We may push the envelope, but we never intend to cross the line.  Most of our encounters with police involve them smiling or laughing at us.  At the 2010 No Pants Ride after party, a Tempe police car stopped near us and an officer yelled out, “We had a briefing about you!”  And then he went about his merry way, knowing we were harmless.  A bit odd and rather goofy, but harmless.

    Flash mobs are harmless, playful, and unexpected events.  They are not criminal acts by design.  Flash mobs and crimes are two completely different phenomena.  They do not exist on the same continuum.

    In other news, the flash mob community needs to send a big “thank you” to Mayor Jackson and the city of Cleveland.   Mayor Jackson recently vetoed a proposed law that would have made it illegal to use social media to coordinate a flash mob.  Thank you for protecting our First Amendment rights!

  • This past Friday night, I was sitting at home watching a movie when my phone chimed with a new email. It was from a fifteen year-old girl in Ohio. She wanted to do a flash mob in response to violence in her community. She’d never done anything like this before and she wanted some help.

    I was quite impressed by her email. It was so sweet that she was trying hard to be respectful. You could tell she put some time and effort into writing this. She started it with “Dear Ms. Ruth Carter…” and closed with “Sincerely” and her full name. She was upfront about her age and that she couldn’t afford to hire me. She said that she and her friends wanted to do a flash mob to “get the young adults in my city to do something fun and to stop the violence” but they didn’t want to cause any trouble because “the city legal justice system has enough to deal with.” And she thanked me for my time even if I couldn’t help.

    Listen by Johan Larsson from Flickr (Creative Commons License)
    Listen by Johan Larsson from Flickr (Creative Commons License)

    Her message came in around 8pm my time, so that means it was 11pm her time. What 15 year-old sends thoughtful emails to a lawyer late on a Friday night? I was inspired to help her. I scooped up my phone and responded with, “Give me a call. Right now. I’ll give you some tips,” and I included my personal cell phone number.

    I’m sure she didn’t expect that.

    I’ve had a few moments in my life where I’ve sent an email and received the “Give me a call right now” response. And those messages usually get my heart racing because there’s no time to prepare for the conversation.

    About ten minutes later, my phone rang. I walked around the house for about twenty minutes, sharing stories from my flash mob experiences and how I approach planning events with this young lady. (I tend to pace when I’m excited or nervous. It helps get my creative juices flowing too.) I suggested that her group look at their ideas from an outsider’s perspective and think about what they might be doing wrong and what they might be accused of doing wrong. We talked about deciding when to ask for permission vs when to ask for forgiveness. I shared with her my experiences with getting in trouble with mall cops and why malls are generally a bad location for flash mobs. We also talked about who she could partner with and I was pleased to hear that she has contacts in her police department who can advise her.

    At one point in the conversation, she called me “ma’am.” I was amused that she was being so respectful. I bet it is intimidating to be fifteen and talking with a lawyer who is almost twenty years her senior. I totally get it even though I thought it was funny. When I was fifteen, every adult except my gymnastics coaches were “Mr.” or “Mrs.” plus their last name. To this day, there are some adults who I still address as “Mr.” or “Mrs.” I giggled and told her to call me “Ruth.”

    It felt really good to pay it forward to this young lady. So many people have been exceptionally generous with their time and knowledge when I was young and it’s nice to be able to do the same for someone else. I told her to keep me in the loop and to let me know how her flash mob goes. It sounds like her heart is in the right place so I hope she can pull it off.

  • A friend recently suggested I write a blog post about how I reconcile my professional life with the fact that I do flash mobs and wear pasties. My initial thought in response to that was “I don’t.”

    Ignite Phoenix After Hours #3 - photo by Devon Christopher Adams
    Ignite Phoenix After Hours #3 – photo by Devon Christopher Adams

    For anyone who doesn’t know, I’m a lawyer by trade, I do flash mobs with Improv AZ for fun, and yes, there are times when I appear in public wearing pasties instead of a shirt. I’m also a runner, a basset hound owner, a Star Trek geek, and a singer. My standard “uniform” is jeans and a t-shirt but my closet has everything from business suits to miniskirts and tank tops to ball gowns.

    When I say that I don’t reconcile my professional and personal lives I mean that I’m not a different person in personal and professional settings. Wherever I go, I’m always me. There may be topics I don’t bring up in certain settings, but if they come up, I’m fine with it. There’s nothing I do in public that I wouldn’t own in any situation.

    When I was first getting involved in social media professionally, I asked if I should have separate Twitter accounts for my personal and professional lives. The audience responded with an astounding “NO!” They said that people want to know the whole person so there’s no reason to separate the personal from the professional sides of my personality. They said that some people will seek me out because I’m different than others in my field – and that has totally been true! I had one person schedule a consultation with me after his daughter saw me at one of my speaking engagements. She told her dad that he’d like me because I swear.

    Have there been repercussions? I wouldn’t call them repercussions as much as natural consequences. There are people who are turned off from me because I’m bold and don’t conform to the traditional lawyer stereotype. And that’s ok. On the flip side there are people who like that I’m different and that my personal and professional lives are integrated. It’s so much easier to be one person instead of trying to maintain separate professional and personal lives.

    The only thing I do keep separate is my Facebook page. If you’re not my friend in real life, you don’t get to be my friend on my personal Facebook page. My Facebook page is where I put things that only my friends find interesting, but I’ll still own everything I post if anyone asks. If you’re not my friend in real life, you’re better off liking the law firm’s Facebook page and following me on Twitter.

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