A Utah teenager who was arrested after rapping his order at a McDonald’s drive-through was found not guilty of disorderly conduct,after a judge ruled that his behavior was not threatening and didn’t create any unreasonable noise. The judge didn’t rule on the skills of the teen, who was attempting to imitate the YouTube classic “Fast Food Freestyle” (aka “The McDonald’s Drive Thru Rap”).
The teen, Spenser Dauwalder, attempted to place his order for (of course) a “double cheeseburger and hold the lettuce” and was told to order normally or leave.
During the ponderous two-hour trial Tuesday, attorneys presented evidence including surveillance footage at the restaurant, cell phone recordings of the rap, testimony from the officer who cited them and from McDonald’s employees.
The restaurant manager told police that as the teens drove away that night, Dauwalder yelled at her, “I hate this (expletive) McDonald’s anyway.” Prosecutors said he “acted in an angry, threatening, tumultuous manner” and sped recklessly out of the parking lot.
Dauwalder denied using profanity. Defense attorney Ann Boyle said singing an order, whether profanity was used or not, is speech that is protected by both federal and Utah constitutions.
Now that the legal right to sing one’s order has been affirmed, we look forward to hearing voices break out in song at retailers far and wide. We’re already working on our own version of the Picard Song, though we have no idea where we might actually be able to use it.