East Lampeter Township Police arrested the men as they were re-enacting the infamous human-pyramid photo of Iraqi prisoners at Abu Ghraib prison near Baghdad, Iraq.
The sextet of protesters includes Tristan Egolf, 32, of 337 W. Lemon St.; Jonathan Kohler, 21, of 735 N. Marshall St.; Russell Willard, 18, of 1511 September Drive; Adam Willard, 21, of 15 S. Lime St.; Benjamin Keely, 22, of 337 W. Lemon St.; and David O'Bryant, 21, of 208 Ruby St. A seventh member of the protest group evaded arrest and later identified himself only as "Spook Larue."
Citations given to each defendant on the day of his arrest word the violation the same way.
"A person is guilty of disorderly conduct if with the intent to cause public inconvenience or alarm or recklessly creating a risk thereof, he creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor," the citations read. "To wit: defendant did strip down to his underwear and build a human pyramid in protest of President Bush."
A team of attorneys is representing the protesters. American Civil Liberties Union attorney Paula Knudsen of Harrisburg represents Egolf, the group's unapologetic spokesman, and Lancaster attorneys Alan Goldberg, Mike Winters, Bob Wee, Frank Willa and J. Dwight Yoder are defending the other five defendants.
Knudsen said none of the men has violated any criminal laws.
"Our goal is to see them acquitted or to have the charges against them dropped," Knudsen said. "What makes this case particularly captivating is that it happened in a traditionally conservative community."
Knudsen said the defense team representing the "Smoketown Six" has invited the national media to cover the event because of its bearing on free speech.
"We believe this case deserves national attention because this kind of thing is probably happening in other communities," Knudsen said. "Clearly, this is more about politics than it is about the law. The very quick action in hauling off Tristan and the others says to me that someone didn't want protesters marring the scene when the president rode by."
Knudsen has said some national media outlets have expressed interest in covering the trial here.
A joint trial on the summary offenses is scheduled for 9 a.m. Oct. 18 before District Justice Ronald Savage. Savage will decide the case.
If convicted, each of the defendants faces a maximum of 90 days in prison and a $300 fine.
Lancaster County Assistant District Attorney Christopher Lechner has been assigned the case.
Knudsen said attorneys for the protesters plan to ask Savage for a change of venue.
"We're asking that the proceeding still be before Justice Savage but that it be moved to the court of common pleas," Knudsen said. "We just don't think Justice Savage's office is going to be big enough to handle 10 police officers, six defendants, six attorneys, an assistant district attorney, family, friends and the media."
Knudsen said the national media have set the standard for decency in this case.
"These young men were doing no more than what was being broadcast on prime-time television at the time," Knudsen said. "Certainly, they were doing no worse than what you see on network television soap operas or (MTV's) 'The Real World.' "
"This is about the silliest thing I've seen in years," said Goldberg, who is representing O'Bryant. "People have to start realizing that just because they don't like something, it doesn't make it criminal."