A Times Square Pedestrian Is Arrested for Standing Around

When Matthew Jones of Brooklyn lingered on the corner of 42nd Street and Seventh Avenue in the early morning of June 12, 2004, gabbing with friends as other pedestrians tried to get by, something unusual happened: He was arrested for it. ...

In the prosecution’s view, it appears, the innocent do not dawdle. According to the original complaint against Mr. Jones, the officer “observed defendant along with a number of other individuals standing around” on a public sidewalk in June 2004. ...

“Isn’t that lawful conduct?” wondered Judge Robert S. Smith. Later he added, “Your conduct can’t be illegal just because an officer noticed it.”

His colleague Judge Eugene F. Pigott Jr. questioned what other violations might attract law enforcement attention.

“All I could think of was a bunch of lawyers from the New York City Bar Association standing around trying to figure out where to have lunch,” Judge Pigott said. (The association has offices a block and a half from Times Square.)