I think some one needs to dive into California Penal Code Section 538D, 10 USC, Subtitle A, Part II, Chapter 45, Sections 771, 772 and SCHACHT v. UNITED STATES.
As a U.S. Army Combat Veteran (Infantry), I find myself completely disgusted with this entire mess.
Take a look at my original rant on facebook - as a warning it's not for children or people with week stomachs.
https://www.facebook.com/note.php?note_id=10150199744677776Here is one of the more informative responses I have made on this issue.
Considering my back ground both in the military and Law enforcement ... I'm familiar with with the law it is not Illegal when it comes to military uniforms or even if I had put "US army" on my Costume which I didn't out of respect as I'm covered under several portions of 10 USC, Subtitle A, Part II, Chapter 45, Sections 771 and 772. and thanks to SCHACHT v. UNITED STATES I really don't have to worry about those exceptions.
With Law enforcement uniforms it gets a little more tricky as per California Penal Code Section 538d which clearly makes impersonation of a peace officer a Crime and This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified law enforcement agency. You have to be careful with this even when it comes to Security and Security Officers. All it takes is one LEO that wants to flex his authority muscles and someones con is ruined.
http://law.onecle.com/california/penal/538d.html
There is no such state law that applies to military uniforms as costumes unless you use them to deliberately pass for military personnel such as to gain access to restricted military facilities.
Unlike Law enforcement The U.S. military has no authority over civilians outside of military installations unless martial law is declared.
Again my costume had nothing on it that said US ARMY, It simply had some funny milspec monkey patches and a Press and Photographer Name tape. this was a BDU that used the ACUPAT cammo Patern THIS IS NOT THE ACU UNIFORM USED BY THE UNITED STATES ARMY. No military in the word uses this Uniform and Popper had a very limited run on this SO you can no longer purchase this style of uniform You can however purchase the modern ACU uniform in ACUPAT Cammo at your local surplus store.
We still have people walking around in full cammo and even in modern uniforms. I saw a guy Walk around in a flight suite with captains rank and a a 1st Cavalry Division patch - something I would never have done unless I duplicating a specific Anime Character for accuracy. I even saw a guy in a raccoon city PD outfit (resident evil) compete with the word "Police" on it.
What got me jumped was the Cammo pattern my stuff uses. If I had been wearing ACUPAT Cammo Pajamas the would still have crawled up my Butt, However if they where woodland or real tree the Probably would have let me slide.
I had absolutely no prop weapons on me unless you count the Camera (Speed Grapher)
WHAT REALLY CHAPS MY REAR is we got no warning until after con started. at this point I'm already out allot of time and money I'm never going to get back.
Oh and Army Regualtion 670-1 Does not apply to civilians.
http://en.wikipedia.org/wiki/Army_Combat_Uniform
http://en.wikipedia.org/wiki/Battle_Dress_Uniform
http://en.wikipedia.org/wiki/Universal_Camouflage_Pattern
http://en.wikipedia.org/wiki/List_of_camouflage_patterns
http://milspecmonkey.com/store/patches
here is another good read
http://usmilitary.about.com/od/theorderlyroom/a/uniformwear.htmOne solution is to prohibit the combination of real Branch, Unit, and Rank insignia on More Modern uniforms. Or no Masks (face must be visible) or even no prop weapons in modern "realistic" uniforms.
Eventually this is going to get out of control and even people like Kris Adalrik Doodha who do authentic reproduction and re-enactments are going to get bent over.
The entire "work within their comfort zones" issue doesn't fly, Hardgay and some of more Risqué costumes are OK but a Vet can't wear a military like "uniform" on memorial day weekend because it may make a vendor uncomfortable just because my cloths use an ACU cammo patern.
Lets be honest I could have went back to my room, dropped my con badge, left my "uniform" on, and walked the area around the convention center (off Property) and in my Hotel as well as the local businesses and there was nothing Fanime or even SJPD could do about it, until I actually went to an area that required me to be an "Attendee"
Right now I can go walk around San Jose in my "Uniform" and No one, Not the king god of anime conventions, or the all mighty SJPD could do jack about it.
Now Here's a little scenario for you
I wear my ACUPAT BDU's ... heck Lets make it ACUPAT ACU's Clearly marked PRESS, and Photographer, with some silly mil-spec monkey patches, and my actually Press Patch, with my ACUPAT Maxpedition Colossus Camera bag, and nikon DSLR.
Some one else wears Black swat Pajamas, A black K-POT on their head, With Raccoon City PD and Umbrella patches, a holster with a CA legal toy gun in it.
You get some one to wear one of the Nazi SS like costumes (these are actually more dressy uniforms but have the SS and symbols and Swastikas on them) with no props.
and Lastly some one dresses up like Hard Gay.
We all go for a walk around separate local K-6 elementary schools. Who do you think is actually going to get hassled by PD the most? Only one us is actually breaking the law and will probably get the Felony Stop treatment by the local swat they will also probably spend some time "Downtown" even if they don't get charged with something like CPC 538D.
So to me ... even from a legal or liability stand point the addendum makes no sense at all.