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Man in Joker Makeup Charged with Felony for 'Wearing Mask'

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OmegaFax

Member
Antiquated law in a state that takes the law to the letter. From what I understand, Virginia's got a tough legal system.
 

Cocaloch

Member
Okay, then refer to people out here that cosplay that have never had an issue, between attending events, going to and fro, and eating at restaurants. This is not a charge the police hand out easily.

It's one thing to be walking around a shopping center by yourself, or wandering around some random neighborhood at night with a mask.

So basically what you're saying is that it's okay to make vague laws that the police only both upholding when they want to detain someone for other reasons.

That isn't a good thing.

I don't understand why someone would defend this in general. In this specific situation it's even worse because you apparently want this guy locked up for open carrying a sword, which is legal, and looking weird. If you don't understand how that's problematic you really should reflect on what you think governments and justice systems should be doing.
 

turtle553

Member
Hey this happened in my town! From what I understand he was in front of the Mission BBQ for a while, customers got uncomfortable and it was the business manager that called the cops. I think the arrest is an overreaction. The guy is probably going to lose his job now.

It's weird but this area seems to have some weird fascination with clowns. It's cooled off a little bit now, but last fall you would hear multiple reports per week of people in clown masks scaring people at night.

http://www.whsv.com/content/news/Front-Royal-man-arrested-for-wearing-clown-mask-394053381.html

So I think the arrest was more of a statement in regards to these instances rather than this guy actually breaking any laws.

He probably didn't stand for the noon national anthem and got customers mad.
 

MsKrisp

Member
So basically what you're saying is that it's okay to make vague laws that the police only both upholding when they want to detain someone for other reasons.

That isn't a good thing.

I don't understand why someone would defend this in general. In this specific situation it's even worse because you apparently want this guy locked up for open carrying a sword, which is legal, and looking weird. If you don't understand how that's problematic you really should reflect on what you think governments and justice systems should be doing.

Where did I attempt to defend the law? The article specifically mentions cosplayers. I know from experience this is not an issue for them and the activities they engage in. You're reading really far into my comments.

Edit: the law said this: (iii) engaged in any bona fide theatrical production or masquerade ball;

Lawyers can also argue that can mean comiccons :p
 

Cocaloch

Member
Where did I attempt to defend the law? The article specifically mentions cosplayers. I know from experience this is not an issue for them and the activities they engage in. You're reading really far into my comments.

Edit: the law said this: (iii) engaged in any bona fide theatrical production or masquerade ball;

Lawyers can also argue that can mean comiccons :p

It's one thing to be walking around a shopping center by yourself, or wandering around some random neighborhood at night with a mask.

This seems to me like you're trying to defend it?

And sure a lawyer could argue that. though honestly seems far more of a stretch than arguing that makeup like this doesn't fall under the parameters the law set out. That doesn't make this okay though.
 

MsKrisp

Member
This seems to me like you're trying to defend it?

And sure a lawyer could argue that. though honestly seems far more of a stretch than arguing that makeup like this doesn't fall under the parameters the law set out. That doesn't make this okay though.

I acknowledge that this law could have fucked up implications, not even mentioning the sword law hypocrisy--and that he was not actually wearing a mask. I've studied inequality in our criminal justice system. I was more trying to reassure anyone who wants to come and cosplay (and you can accuse me of defending my home a bit). However, this is not the law's intent, nor what it has been used for here. It's often added to robbery charges, and in cases like these:
http://www.fox5dc.com/news/local-news/206711709-story
http://pilotonline.com/news/local/c...cle_5fac2437-c6b8-5631-a999-d0685799f756.html

And to keep the KKK from marching down the street in their hoods.

In 2004, they modified the law to allow people to cover their faces in the cold, when a biker was teased with being charged while riding out in the cold.

The issue with this particular situation is the someone likely called the police, as one to do when they see a man in costume in a sword wandering as this man was. The police showed to deal with the situation, and charged him with the only thing that they could.
 
After the theater shooting where the gunman was "dressed like the joker" can you really blame the officers for arresting another Joker walking around with a sword?
 

WinFonda

Member
Not that he's done anything worth jail time, but as already pointed out in this thread, some people have committed absolutely horrendous crimes in recent times while dressing up like the Joker. Abnormal behavior like this combined with him carrying around a weapon is not to be taken lightly given the nature of copycat crimes. I hope at the very least he gets a mental check up, because this person could very easily be mentally ill.
 
According to VirginiaCode 18.2-422: “It shall be unlawful for any person over 16 years of age, with the intent to conceal his identity, wear any mask, hood, or other device, whereby a substantial portion of the face is hidden or covered, so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth, without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) engaged in professions, trades, employment, or other activities, and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood, or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath, and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device, and the date on which the wearing of the device will no longer be necessary, and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency, where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. The violation of any provisions of this section is a Class 6 felony.”

Thank you. The exceptions listed make it so the law doesn't seem nearly as silly.
 
Based on my experience as a reporter covering crime, cops will get you on what they can get you on. They can't literally charge this guy for being creepy, so they charge him with something they can.

Based on my experience as a poor, I can confirm.

Also this charge is thin as fuck, if I was a public defender I wouldn't even take a plea. I mean he's wearing the make up in the mugshot for Pete's sake! There goes any good faith claim to believing that the makeup conceals his identity that the police could make.

He's guilty of wearing a mask per the ordinance.

No, he's arrested for wearing a mask per the ordinance. He hasn't been in front of a judge yet, big difference.
 

Slaythe

Member
Still a better Joker than Suicide Squad.

Remove his shitty teeth and tattoo, and this is a rather compelling Joker :/ . Shrugs


maxresdefault.jpg
 

Fuchsdh

Member
Except...they didn't? A mask would mean you can't see his face whatsoever. He has facepaint on, and you can still see his face.

...Yeah, but it's still a disguise.

The VA statute isn't all that unusual, as was discussed previously in the "people dressed as clowns trying to freak out people" threads we had. And it doesn't really impinge on cosplay under normal circumstances, because that would probably fall under the "costume ball" part of it. But running around in freaky makeup and a sword for no discernible reason? I'd side-eye that as well.
 
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