There is an interesting case out of Mansfield Township, New Jersey where Matthew Argintar was arrested for dressing as a superhero and going to the Home Depot. Agintar, 23, was wearing a small mask, elbow and arm pads, bulletproof vest, and a cape when he appeared at the store. The charges caught my eye: disorderly conduct and unlawful possession of handcuffs.
As far as I know, there is not a criminal law prohibiting citizens from dressing as superheros, though cities like D.C. have moved to criminalize the wearing of masks in some circumstances.
Argintar is facing up to seven months in county jail for the offense. However, wearing a costume alone cannot be the grounds for disorderly conduct in my view. Accounts of witnesses say that Argintar was asking people if they needed help. It was the response to his appearance that caused the disorder with some people running to their cars. Argintar insisted that he was merely trying to “inspire hope.”
I am also surprised to see that it is illegal to possess a pair of handcuffs. I have found references to handcuffs being illegal but I could only find New Jersey Statutes 2C:39-9.2 criminalizing the sale of handcuffs to minors. I am not sure why handcuffs themselves would be a crime. Perhaps one of our Jersey friends can help. If it is a crime, it would appear arbitrarily enforced since you can buy handcuffs easily from sources that range from novelty stores to the Internet. I suspect most people are unaware of any law criminalizing possession of handcuffs.
Update: TomMll below supplied the language: New Jersey Statutes 2C:39-3k. Handcuffs. “Any person who knowingly has in his possession handcuffs … under circumstances not manifestly appropriate for such lawful uses as handcuffs may have, is guilty of a disorderly persons offense. A law enforcement officer shall confiscate handcuffs possessed in violation of the law.” The use of “under circumstances not manifestly appropriate” in a criminal statute is facially ridiculous and should not be enforced as void for vagueness. It would be difficult to come up with language that is more undefined and vague. Agintar should challenge the statute and do a real service for the public.
Of course, in California, Joan Rivers can handcuff herself to a shopping cart and use a bullhorn without an arrest.
Of course, the arrest simply comes with the territory for the Dark Knight:
Batman: You either die a hero or live long enough to see yourself become the villain. I can do those things. Because I’m not a hero, not like Dent. I killed those people. That’s what I can be.
Lt. James Gordon: No, no, you can’t! You’re *not*!
Batman: I’m whatever Gotham needs me to be. . . .
Lt. James Gordon: They’ll hunt you.
Batman: You’ll hunt me. You’ll condemn me. Set the dogs on me.
[Gordon takes the axe to the bat light]
Batman: Because that’s what needs to happen.
Yet, who would have thought it would all play out at a Home Depot?
Source: CBS
He needs to demand a jury trial. He should defend himself, wear the costume in court and when asking the questions of the jury in the selection process he should laugh and kid with them. He could pick the first 12 in the box and get acquitted. The bailiff in the courtroom will have handcuffs. Put him on the stand and ask if they are a lethal weapon. Ask if he locks his wife up during sex. Jersey, smershy.
This is all part of the climate of fear that pervades our country. We have become a p**** nation, afraid of our own shadow. It makes it easier to accept repression so our governments have no incentive to move the nation away from it. An arrest for handcuffs? Have they no sex-toy shops in Jersey?
Paranoid nation, we carry it with us:
“Nose Hill Park confrontation makes visitors feel unsafe”
“… A visitor from Michigan says he felt unsafe after being accosted by two men on foot in the park.”
http://www.calgaryherald.com/opinion/letters/Nose+Hill+Park+confrontation+makes+visitors+feel+unsafe/7050028/story.html
There is a huge public festival called the Calgary Stampede in July, It’s a big deal:
http://www.calgarystampede.com/
so who was he suppose to be, batsh*t crazy man.
look, up in the sky, it’s a bird, it’s a plane, no it’s F*ckin New Joisey
I take JT’s main point to be: “How was he to know”?
“I suspect most people are unaware of any law criminalizing possession of handcuffs.”
How DO we expect them to “know” the vast amount of laws, varying from state to state?
He just thought it was Halloween. Did you ever get the days mixed up?
sounds like the disorderly conduct was from those who were frightened. Understandably so. That he was wearing a bulletproof vest says to me that maybe he was considering mayhem.
Woosty,
Great clip!
You are right AY!
Raff,
I think he has all the qualifications to run for congress….
Are we sure that this wasn’t in Texas?
I would guess that this superhero wannabee may need to be checked out by a shrink.
handcuffs are dangerous… (@3:38…)
I wonder if christie has his own pair…..
“inspire hope.”?
O would some power the giftie gie us to see ourselves as others see us. (Burns)
It’s Jersey, ’nuff said.
3rd line from the bottom should read “with regard to weapons in State v. Lee…”
New Jersey Statutes 2C:39-3k. Handcuffs. Any person who knowingly has in his possession handcuffs … under circumstances not manifestly appropriate for such lawful uses as handcuffs may have, is guilty of a disorderly persons offense. A law enforcement officer shall confiscate handcuffs possessed in violation of the law.
The “under circumstances not manifestly appropriate for such uses as handcuffs may have…” language sounds to be a shifting of the burden to the defendant to demonstrate that the circumstances under which he possessed the handcuffs were appropriate. I did not find any cases on this specific statute but the NJ Supreme Court has interpreted the exact same language with regard to State v. Lee 475 A. 2d 31 (1984) merely saying that the State must prove that the circumstances were not manifestly appropriate beyond a reasonable doubt. – -Not the most enlightening of Supreme Court decisions.
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Thanks TomMll, I will add the language to the post.
Handcuffs should stay in the bedroom, where they belong.
The prohibition against handcuffs seems ridiculous as does the arrest, but HD seems within their rights to asks someone to leave wearing a maks. Business,e sp. banks, often have wardrobe restrictions to make it easier to ID robbers. A store could do likewise (but should post this) to help ID shoplifters.
In our new America we must stamp out those who would be unconventionally silly. Their acts frighten us into seeing who we really are.
And little over reacting goes a long way….. I wonder if the novelty stores are aware of the law against possession of handcuffs……