Original Article No butts about it: Mooning not necessarily a criminal act By David Montgomery, Washington Post WASHINGTON So this week a suburban judge has ruled that mooning is a cheeky yet legitimate form of communication but then, Chaucer and Mel Gibson taught us that. The truth is that words frequently fail the human species. If you want to send a message, unbuckle, bend, let it shine. "He was showing his disapproval. ... It was intended to offend, in the sense of being critical," says lawyer James Maxwell, speaking of his client, Raymond McNealy, 44, of suburban Germantown, Md. In June, exasperated by a feud involving a homeowners association, McNealy felt moved to moon his neighbor Nanette Vonfeldt, a member of the association's board, who was accompanied by her 8-year-old daughter. McNealy was put on trial for indecent exposure and found guilty. His misbegotten moon could have cost him three years in prison and a $1,000 fine. After an automatic appeal, this week the verdict was reversed. Mooning is a blunt instrument to communicate the derision that homeowners associations can elicit. As Circuit Court Judge John Debelius III said in the acquittal, the act is "disgusting" and "demeaning." McNealy, who is retired on disability from his family's home improvement business, might have experienced a different judicial outcome, added the judge, if he had been on trial for "being a jerk." At a time when some say civil liberties are being restricted, it may be comforting that the right of Marylanders to moon has been affirmed. But the implications are staggering. Are Free Staters free to moon anybody, any time? Can citizens moon judges, police officers, the governor? "I don't think that mooning the governor I'm not suggesting it's a nice thing to do would be any worse in terms of violation of criminal law than thumbing your nose," opines Maxwell. Not so fast, says Montgomery County State's Attorney Doug Gansler: "This is not a blanket permission slip to moon in Maryland." Here the lawyers fall into an arcane back-and-forth. While Maxwell says the judge ruled that buttocks are never "private parts" to fit the crime of indecent exposure, Gansler says he'd prosecute again if an alleged mooner intended his act as a crime. But who moons with criminal intent? "If exposure of half of the buttock constituted indecent exposure, any woman wearing a thong at the beach at Ocean City would be guilty," Debelius said. Incidentally, Maxwell says his research suggests mooning also is legal in Washington, but not in Virginia. "If the Georgetown basketball team is traveling out to Virginia, and somebody decides to moon somebody on the way," Maxwell says, "they better do it before they cross the river." But it's hard to imagine that mooning the White House from Lafayette Square would be tolerated for long. Let the lawyers haggle. Somehow, the judge's verdict recognizes a more fundamental truth. Despite scattered prosecutions across the country, the instinct to moon is powerful and persistent. It has always been with us, because we are not http://www.azcentral.com/news/articles/0108mooning08.html Maryland judge says mooning OK Lawyer says act was a comment David Montgomery Washington Post Jan. 8, 2006 12:00 AM WASHINGTON - A suburban judge has ruled that mooning is a cheeky yet legitimate form of communication. What's the message? "He was showing his disapproval. . . . It was intended to offend, in the sense of being critical," said lawyer James Maxwell, speaking of his client, Raymond McNealy, 44, of suburban Germantown, Md. Last June, exasperated by a feud involving a homeowners association, McNealy mooned his neighbor Nanette Vonfeldt, a member of the association's board, who was accompan- ied by her 8-year-old daugh- ter. McNealy was put on trial for indecent exposure and found guilty. His moon could have cost him three years in prison and a $1,000 fine. After an automatic appeal, last week the verdict was reversed. Circuit Court Judge John Debelius III said in the acquittal that the act is "disgusting" and "demeaning." McNealy, who is retired on disability from his family's home-improvement business, might have experienced a different judicial outcome, the judge added, if he had been on trial for "being a jerk." At a time when some say civil liberties are being restricted, it may be comforting that the right of Marylanders to moon has been affirmed. Not so fast, said Doug Gansler, Montgomery County state's attorney. "This is not a blanket permission slip to moon in Maryland." While Maxwell said the judge ruled that buttocks are never "private parts" to fit the crime of indecent exposure, Gansler said he'd prosecute again if an apparent mooner intended his act as a crime. Incidentally, Maxwell said his research suggests moon- ing also is legal in Washing- ton, D.C., but not in Vir- ginia. "If the Georgetown basketball team is traveling out to Virginia, and somebody decides to moon somebody on the way," Maxwell said, "they better do it before they cross the river."