At a time when our country is not at its best, why wouldn’t we relish a moment when somebody uses ‘The Star Spangled Banner’ to bring Americans together? You would have to ask that question to the police officers who cited a man for Disturbing the Peace and Inciting a Riot. The man was cited after he played the patriotic song during a crowded 4th of July block party. It started when the man took his electric guitar and began to play the first few notes. But, he was later stopped and told by an officer that he could not play on the road. And, he would go to jail if he continued. In response, the man moved over to the sidewalk and continued to play our National Anthem. The police waited until the song was over to approach the man. They then ticketed him for Disturbing the Peace and Inciting a Riot. The officers claimed the crowd had started to get rowdy and was blocking traffic in the street. Fortunately, common sense and patriotism won over. The DA on the case dropped all charges and the man’s name was cleared.
What is Disorderly Conduct in Larimer County?
Colorado law defines Disorderly Conduct – C.R.S. 18-9-106 – as:
- Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
- Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
- Fights with another in a public place except in an amateur or professional contest of athletic skill; or
- Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
- Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
Relating to the story above, the man was probably charged with this offense because he was making noise in a public place. In Larimer, Boulder, and Grand County, the important term in that situation is ‘unreasonable.’ What defines unreasonable is left up to the discretion of the officers, who apparently felt the song constituted ‘unreasonable noise.’ In the end, however, a jury will decide if the man’s conduct violated the law. Fortunately, police officers don’t get the final say. Disorderly Conduct can be charged as a class 1 petty offense, class 3 misdemeanor, or class 2 misdemeanor, depending on the circumstances.
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What is Inciting Riot in Fort Collins?
Inciting Riot – C.R.S. 18-9-102 – is defined by Colorado law as:
(a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
A vital definition in the statute is ‘riot.’ According to Colorado law, ‘riot’ means:
Based on this definition, charging the patriotic man with Inciting a Riot was a stretch. There was nothing tumultuous or violent about providing music to a group. I don’t know if it was common sense, or just a lack of evidence, but thank goodness the man never had to fight these charges. It sounds like these police officers did not have enough to keep them busy.