City of Mandan v. Hoesel

Donald Hoesel appealed from a county court conviction of disorderly conduct in violation of a Mandan city ordinance. We hold that Hoesel’s conviction did not violate his First Amendment rights of free speech, and we affirm the judgment of conviction.

The facts in this case are not in dispute. On September 29, 1991, the Mandan police were summoned to the parking lot of the Midtowner restaurant, because Hoesel was reportedly intoxicated and had refused to move away from a customer’s car that was parked in the lot. Officers Howard Mol-denhauer and Gary Malo arrived first. They observed that…