Little-known presidential candidate defends stroll in racy costume

The Associated Press

05.05.00

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MANCHESTER, N.H. — A Massachusetts man who promoted his presidential campaign by walking down the city's main street in a penis costume defended his action in court yesterday to the snickers of officials and spectators.

Joshua Dostis, 58, of New Salem, Mass., a professional clown, asked a Manchester District Court judge to dismiss a charge of public lewdness yesterday.

Dostis, who used the costume to draw attention to his candidacy, said his First Amendment right to freedom of speech and expression should trump the lewdness charge.

Judge Martha Crocker denied his request to dismiss the charge. Dostis then exercised his right to bypass a district court trial under a rule that allows for an automatic guilty finding and an immediate appeal to Superior Court.

Crocker found Dostis guilty, fined him $200 and gave him a suspended 30-day jail sentence.

Spectators, court security officers and even the prosecutor, Evelyn King, laughed as police Officer Brian O'Keefe, wearing bright blue latex gloves, carried the bulky costume into the courtroom.

One of the few people who did not find the costume funny was Merrin Arnold, 17, one of four people who witnessed Dostis' stroll down Elm Street on Jan. 26 and complained to police that it was offensive.

A lawyer for Dostis argued that the legal test for lewdness is what the "reasonable man" would find offensive, and that most of the spectators in the crowd that gathered around him that afternoon found the costume entertaining.

However, four people, including off-duty police Sgt. Charles Holmes, told police they found the costume offensive. Two officers arrested Dostis, removed the costume and took him to the police station.

Defense attorney Barbara Bradshaw said prosecutors and police should furnish the names of the many witnesses who thought the costume was funny, not offensive. She also asked for the names of police officers and civilian employees at the police station who laughed and took photos when Dostis put on the costume again and paraded around in it.

"None of them were offended," she said. "In fact, people were laughing and joking and saying it was a great idea."

However, King argued that Dostis was asked to put on the costume again so police could photograph it for evidence. She also said she did not have the names of other witnesses to Dostis' stroll on Elm Street, and did not know who was on duty at the police station when he was booked.

In refusing to dismiss the charge, the judge pointed out that police officers do not necessarily meet the "reasonable man" standard.