Friday, June 14, 2013
NEK 99% Chalkers' Conviction for Disorderly Conduct Reversed and Dismissed
NEK 99% chalkers who were convicted last winter of disorderly conduct under a city ordinance had the conviction reversed and dismissed when appealed to the Orleans County Superior Court. In the order, Judge VanBenthuysen noted that none of the messages contained any profane, insulting or indecent language. The judge further observed that chalk is an "evanescent" medium, that he could not imagine the municipality bringing "its full weight and majesty" on schoolchildren drawing on the sidewalk, and that the content of the message cannot form the basis for a conviction. The judge referred to the many pending felonies and serious misdemeanors before the court upon which the public's resources might be better spent. We totally agree.