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'Thong Cape Scooter Man' Legal, But Barely: Police

By Brett Snider, Esq. | Last updated on

Move over adequately clothed superheroes, Thong Cape Scooter Man is here, and the powerful sight of his underwear-based get-up is totally legal!

Wisconsin's own partially paunchy powerhouse narrowly escaped defeat by his arch-nemesis, the Madison Police Department, after reports from a local elementary school that Thong Cape Scooter Man was spotted by students in his iconic thong of justice, The Associated Press reports.

Thong Cape Scooter Man (TCSM to his fans) may have turned some heads with his cocky demeanor and garish wardrobe, but he's flying right below breaking the law.

Thong Maybe, Lewd Nope

Wisconsin has laws that prevent all citizens, even those without capes, from exposing their naughty bits to the public, and those found guilty of lewd or lascivious behavior can face jail time.

TCSM may have the huevos to ride around town in nothing but a thong, but he’s not exposing his heroic jewels to the public, although he admitted to the police that it was “poor judgment” to ride around the elementary school at that time of day, reports the Wisconsin State Journal.

Although some staff and parents at John F. Kennedy Elementary School, named for our squeaky-clean 35th President, may have found TCSM’s display of his costume obscene or offensive, the City Attorney verified he had not violated any city ordinances.

What Do You Mean Obscene?

TSCM has become somewhat of a YouTube sensation, blasting the internet with his flashy costume and sick moped skills.

Some parents who saw TSCM’s triumphant ride through town weren’t as pleased, but maybe he was trying to educate them on the Supreme Court’s test for obscenity, found in Miller v. California.

Now It’s Miller Time

Under federal and Wisconsin law, something is not considered illegally obscene unless it:

  • Appeals to prurient interest
  • Shows sexual conduct in an offensive way
  • Lacks serious literary, artistic, political, educational or scientific value

Although he isn’t as chiseled as many other superhumans, TSCM is clothed where it counts and he doesn’t flaunt his loins of liberty in a sexual or prurient manner, so his conduct is not obscene or illegal.

Free of legal worries, TSCM can ride on, unburdened from worry…and pants.

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