the group noticed five or six police cruisers surrounding two cars in an apparent traffic stop on the other side of the street. It seemed to Tuma that was more cops than necessary.
“That’s why I hate the police,” Tuma said. He told the Huffington Post that in a loud sing-song voice, he then chanted, “I hate the police, I hate the police.”
One officer reacted strongly to Tuma’s song. “Hey! Hey! Who do you think you’re talking to?” Tuma recalled the officer shouting as he strode across an intersection to where Tuma was standing.
“Who do you think you are to think you can talk to a police officer like that?” the police officer said, according to Luke Platzer, 30, one of Tuma’s companions.
Tuma said he responded, “It is not illegal to say I hate the police. It’s not illegal to express my opinion walking down the street.”
According to Tuma and Platzer, the officer pushed Tuma against an electric utility box, continuing to ask who he thought he was and to say he couldn’t talk to police like that.
“I didn’t curse,” Tuma said. “I asked, am I being arrested? Why am I a being arrested?”
Within minutes, the officer had cuffed Tuma. The charge: disorderly conduct — just like Gates, who was arrested after police responded to a report of a possible break-in at his home and Gates protested their ensuing behavior.
D.C.’s disorderly conduct statute bars citizens from breaching the peace by doing anything “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others” or by shouting or making noise “either outside or inside a building during the nighttime to the annoyance or disturbance of any considerable number of persons.”