City of MacOn v. Smith

Hill, Justice.

This appeal raises the question of the constitutionality of the City of Macon’s disorderly conduct ordinance.

The defendant reentered a motel lounge in blue jeans and barefooted after "happy hour” ended and the motel dress code had gone into effect. When she was asked to leave, she gestured to the doorman with her hand, retracting the first, third and little fingers and leaving the second finger prominently extended, denominated by the arresting officer as "shooting a bird.” Although she also expressed herself orally to the doorman, the arresting officer testified clearly that…