Unfortunately for people who want to keep moving while on crowded sidewalks it’s been ruled that even if you and your friends are blocking peoples paths through bustling Times Square it’s not a crime.

Matthew Jones had been charged with disorderly conduct and resisting arrest in June of 2004, but the New York Court of Appeals decided on Tuesday to overturn his conviction. At the time police has said that people had to walk around him and that he wouldn’t moved when asked and he flailed his arms.

Jones pleaded guilty in 2004 after spending a night in jail, but he later appealed.

To be convicted of disorderly conduct in New York, a person must be acting “with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof” and obstructing vehicular or pedestrian traffic, according to the unanimous opinion.

The court found that Jones’ behavior – standing in the middle of the sidewalk at 2:01 a.m. with friends – did not meet the definition.

“Otherwise, any person who happens to stop on a sidewalk – whether to greet another, to seek directions or simply to regain one’s bearings – would be subject to prosecution under this statute,” the opinion said.

Maybe this isn’t illegal, but it sure is rude when I encounter it on the streets of Toronto. Move to the side people!