Middlesboro, Ky., man arrested for causing ‘public alarm’ in clown costume

[muriel_volestrangler]

A Bell County, Kentucky, man was arrested early Friday morning on charges that he caused “public alarm” by dressing up as a clown and crouching down in the woods beside an apartment complex in Middlesboro.

Jonathan Martin, 20, faces charges of disorderly conduct, wearing a hood or mask in a public place, as well as two outstanding warrants for non-payment of fines and failure to appear in court.

A police report indicates Martin was in the wood line beside Cumberland Village Apartments in full clown costume, including mask. The arresting officer said “upon stopping and seeing the clown,” Martin started running toward a vehicle at the apartment complex. Martin was arrested just after 1 a.m.

In many parts of Kentucky, the law states that “No person shall, while wearing any hood, mask or device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within the city.”

http://wate.com/2016/09/23/middlesboro-ky-man-arrested-for-causing-public-alarm-in-clown-costume/

I didn't realise parts of the USA had such wide 'ID' laws. I guess they don't need anything to outlaws burqas. Or that 'disorderly conduct' could include crouching.

[catbyte]

1. Clowns creep me out, but that's a bit extreme.

[sarisataka]

2. If I remember correctly

The laws against wearing concealing garments are mainly in the south. They were brought in as anti-klan laws.

[Missn-Hitch]

5. Ah, yes. I was wondering. Makes sense. Thanks Marine! Cheers.

[jberryhill]

3. "I guess they don't need anything to outlaws burqas."

One would imagine that a charge based on that would be overturned on the basis of the First Amendment.

[muriel_volestrangler]

4. Though this is a pre-existing law that is clearly not aimed at a religion

being used against clown masks, and, if #2 is right, designed to be anti-Klan.

[Major Nikon]

6. It doesn't really matter what the authors of the law intended it to be aimed at

As long as the law is on the books, the police are free to arrest people for it and prosecutors are free to try to prosecute it. So the question then becomes what's to stop the police from rounding up everyone with a burqa? If the answer is we must rely on the common sense and reasonable discretion of the police, then that seems like a very poor control as they frequently prove they are incapable of such things.

While on first thought it might seem like a good idea to go after hooded KKK members and those who wear ski masks into liquor stores, such a law enables the police to go after anyone who wishes to conceal their identity for any reason whether nefarious or not.

[muriel_volestrangler]

25. No, the intent of the law does matter, for establishing constitutionality

The Court's decision in this case established the "Lemon test" (named after the lead plaintiff Alton Lemon),[2] which details the requirements for legislation concerning religion. It is threefold:

The statute must have a secular legislative purpose. (also known as the Purpose Prong)
The principal or primary effect of the statute must not advance nor inhibit religious practice (also known as the Effect Prong)
The statute must not result in an "excessive government entanglement" with religious affairs. (also known as the Entanglement Prong)

https://en.wikipedia.org/wiki/Lemon_v._Kurtzman#Lemon_test

[jberryhill]

7. That's only one of the charges

While I do not know their definition of "disorderly conduct" it appears to embrace the general concept of engaging in behavior for the purpose of causing public alarm.

That sort of thing has its own problems, because the public might take offense or alarm to artistic expression, for example. Perhaps he was, in his mind, engaging in some form of performance art.

[muriel_volestrangler]

24. The way the reports describe it, the only person to see him was the police officer

So it might be fun if the police officer has to state in court he was alarmed by a clown.

There might have been reports before the officer turned up, of course.

[Hassin Bin Sober]

32. My understanding is, generally, the cops can't be the ones "alarmed" according to disorderly laws.

That's why they have to make up a non-existent group of alarmed onlookers in most cases.

Perfect example is that video posted the other day where the cops caught themselves with the arestee's phone/recording making up phony charges. "Let's claim people stopped to complain but didn't want to leave their names or make a report"

[stone space]

27. It would be difficult to prove a KKK affiliation.

and, if #2 is right, designed to be anti-Klan.

[muriel_volestrangler]

28. My point was just that the law was not designed to be anti-religious

and thus not a 1st Amendment problem.

[stone space]

29. My point is that if you are correct, it would be a missapplication of the law. (nt)

[muriel_volestrangler]

31. What is 'it' in that sentence?

The law has been written to be generally applicable, but with exceptions for things like Hallowen or Mardi Gras.

Here's an example for Newport, KY: http://www.kyprevention.com/files/6514/0976/2194/Newport_Ordinance.pdf

People think it was written because of the Klan, but that doesn't mean it must only be applied to the Klan; they've thought about we they think wearing a mask is OK. If it wasn't written to be anti-religious, it can't be challenged on the grounds of being anti-religious.

[Buckeye_Democrat]

8. Anywhere in public? This is what I wear on cold days in the Winter...

Would that be illegal there?

[BlueSpot]

11. What is that called?

I want one!

[Buckeye_Democrat]

14. It's a balaclava.

I used to have a traditional balaclava years ago with just an opening for the eyes, but it was a pain to wear with glasses and ice would build up around the nose and mouth.

I haven't read all of the TOS here yet, so I hope this is okay...
Here's an Amazon link for the one that I own now: https://www.amazon.com/Tactical-Heavyweight-Balaclava-Outdoor-Camping/dp/B00PWOQ1DY/ref=sr_1_5?ie=UTF8&qid=1474682678

[BlueSpot]

19. Many thanks!

I just ordered one. If this winter is as cold and snowy as the Farmers' Almanac says, it will be a nice thing to have!

[Buckeye_Democrat]

20. You're welcome!

It's comfortable, thick fleece too. I'm very pleased with mine.

[lostnfound]

33. Kind of necessary for the walk to the train on subzero days

Last winter I didn't need it but the winter before, Chicago was frigid for two months

[Trailrider1951]

13. I want one too! Those would be excellent for winter hiking and skiing!

Where can I get one? Pretty please?

[Buckeye_Democrat]

15. Link above. n/t

[Trailrider1951]

16. Thank you very much!

From a native Buckeye (Columbus, Athens).

[Buckeye_Democrat]

17. You're welcome!

[Warren DeMontague]

9. This will be an interesting court case.

[mackdaddy]

18. I wonder if this would apply if he were wearing grease paint instead of a Mask?

N/t

[Warren DeMontague]

21. Im not sure scaring the piss out of people is, in itself, illegal.

[grubbs]

10. Jayzus fooking chroist

why does it always have to be in Kentucky ?

[kentuck]

23. Why does it have to be from my home county!

[grubbs]

26. I feel you. I drive to Harlan

Via Corbin twice a week.

[kentuck]

34. I feel so bad for my people.

That they have become so depressed and addicted to heroin and other drugs. They need help and it's not going to come from coal mining jobs.

[mackdaddy]

12. This Clown costume dressup must be a "thing" now.

I do not know if it is the "juggalos" or fans of the "Insane Clown Posse" musical group or some other thing.

Here is one other story of local cops looking for clowns in Ohio.
http://nbc4i.com/2016/09/23/ohio-deputies-looking-for-creepily-dressed-clowns/


They mention other occurrences of menacing Clowns, and we had some reports to the Hocking county Ohio Sheriff in the last week.

I think they should be on the lookout for a Fat Clown with Orange makeup and a bad Blond wig that keeps scaring people all over Ohio.

[link:https://www.fastcocreate.com/3063622/master-class/what-one-man-learned-attending-both-the-rnc-and-gathering-of-the-juggalos-in-on|

[Warren DeMontague]

35. There's probably some overlap with juggalos.

[Go Vols]

22. This wouldnt surprise me to hear it

on the scanner here.

But made me think of..,I used to ride with these folks in Bell County,Ky years ago,where a clown is from up that way.

[etherealtruth]

30. As if I could HATE clowns any more than I do .... blech