Charged With Disorderly Conduct at Art in the Park? What the 35th District Court Actually Does

Art in the Park closes today. Over three days, close to 300,000 people passed through a downtown that normally holds a fraction of that. Somewhere in that volume, a few hundred people had contact with police, and a meaningful number of them were cited or arrested for disorderly conduct.

It is the most commonly charged offense at large public events in Michigan, and also the most commonly misunderstood. Here is what it actually is and what happens next.

What the Statute Says

MCL 750.167 defines a “disorderly person” across a list of categories. The ones that come up at festivals:

• A person who is intoxicated in a public place and either endangers the safety of another person or property, or is acting in a manner that causes a public disturbance,
• A person who is engaged in indecent or obscene conduct in a public place,
• A person who is jostling or roughly crowding people unnecessarily in a public place,
• A person who refuses or fails to leave upon a lawful police order to disperse when a group is causing a disturbance,
• A person who is begging in a public place,
• A window peeper, a person loitering in a house of prostitution, and several other categories rarely relevant here.

It is a 90-day misdemeanor with a fine up to $500.

The Detail Most People Miss

Public intoxication alone is not a crime in Michigan. The statute requires intoxication plus either endangerment or conduct causing a public disturbance.

This matters. A person who had too much to drink at a beer tent and is sitting quietly on a curb has not violated MCL 750.167. Officers charge these cases anyway, and the “plus” element is where a substantial number of them fall apart.

Why This Charge Gets Used So Much

Disorderly conduct is a catch-all. It gives officers a way to resolve a situation that is causing a problem but does not fit another statute. At a 300,000-person event, that discretion gets exercised constantly.

The typical Art in the Park disorderly case is not dramatic. It is someone who:

• Had a loud argument with a stranger over a booth, a spot, or a bumped shoulder,
• Was intoxicated and became loud or difficult when approached,
• Urinated in an alley because the portable toilet lines were long,
• Refused to move along when told to,
• Argued with an officer about whether they had done anything wrong.

That last one is worth sitting with. Arguing with the officer is frequently the actual reason the charge gets written.

Related Charges That Get Added

• Public consumption of alcohol — a City of Plymouth ordinance violation for drinking on sidewalks, in Kellogg Park, or on public property outside designated areas.
• Marijuana use in public (MCL 333.27954) — a civil infraction with a fine up to $100 for a first offense.
• Open intoxicants in a vehicle (MCL 257.624a) — a misdemeanor.
• Assault and battery (MCL 750.81) — a 93-day misdemeanor if contact occurred.
• Resisting and obstructing (MCL 750.81d) — a two-year felony, and the single most consequential escalation available.

That last progression is how a bad afternoon becomes a felony record. A person cited for disorderly conduct who pulls their arm away during handcuffing has, in the view of the statute, obstructed an officer.

What Happens at the 35th District Court

Arraignment

Typically within a few days. The judge or magistrate informs you of the charge, advises you of your rights, takes a plea, and sets bond. For a first-offense disorderly with community ties, personal recognizance bond is common. Conditions may include no alcohol consumption.

Pretrial conference

Usually a few weeks later. This is where the real work happens — the defense attorney reviews the police report and any video with the prosecutor and discusses resolution.

Resolution

Most first-offense disorderly cases in Plymouth resolve without a criminal conviction if handled properly. The common outcomes:

• Dismissal where the statutory elements are not met — particularly where there is no evidence of endangerment or actual disturbance.
• Reduction to a civil infraction, which is not a criminal conviction at all.
• Delayed sentencing under MCL 771.1 — the court delays sentencing up to a year, and on successful compliance the charge can be dismissed or reduced.
• HYTA (MCL 762.11) for defendants aged 17 to 25 — deferral resulting in dismissal without a public record.
• Plea with fines and costs, which leaves a permanent misdemeanor conviction and is what most unrepresented defendants end up with.

The Real Cost of Just Paying It

People treat disorderly conduct like a traffic ticket. It is not. It is a criminal misdemeanor conviction that appears on background checks and stays there.

Consequences include:

• Employment background check disclosure,
• Professional licensing questions in healthcare, education, and law,
• College disciplinary consequences and effects on some scholarships,
• Immigration consequences for non-citizens,
• A prior offense that makes any future charge worse,
• Concealed pistol license implications depending on the circumstances.

The fine is $200. The conviction is permanent unless expunged, and expungement under MCL 780.621 requires a waiting period and a petition.

Defenses That Work

• The elements are not met. Intoxication without endangerment or disturbance is not the offense. This is the most common successful defense.
• First Amendment protection. Loud, profane, or critical speech directed at police is generally protected. Michigan and federal courts have repeatedly held that being rude to an officer is not a crime.
• The order to disperse was not lawful. The dispersal provision requires a lawful order in a situation actually involving a disturbance.
• Video contradicts the report. Body camera and bystander footage routinely shows a calmer encounter than the narrative describes.
• Mistaken identity in a crowd of thousands.

What to Preserve

• Photos and video from the afternoon,
• Names and numbers of anyone who witnessed the encounter,
• Receipts establishing your timeline,
• The citation and any paperwork,
• Screenshots of relevant social media before it disappears.

Body camera footage should be requested promptly through counsel. Retention periods vary by agency and are shorter than most people assume.

One Bad Afternoon Should Not Follow You

Disorderly conduct is a low-level charge with a permanent shadow, and it is one of the most winnable misdemeanors in Michigan when someone actually examines the elements. Almost nobody who pays the fine ever finds out their case had a defense. Reach Boria Law at (734) 453-7806 before your arraignment — attorney Aaron J. Boria handles first-offense misdemeanors in the 35th District Court and knows which ones should never have been charged.