Is this acceptable?
61 year old James Ochse is eccentric. He reminds me of a homeless person who tend to suffer from “mental illness.” But he’s not (from what I have researched) homeless. He’s quite functional in certain aspects of his life (he’s a marathon runner). And even the professionals have a hard time distinguishing between an eccentric personality and a mentally ill one. (And even if he is “mentally ill” that issue is legally irrelevant to the case.)
As an attorney, what I know about free speech law is that if someone is causing a ruckus on private property, they can be excluded. The sidewalks, however, are free speech zones subject to time, place and manner restrictions (like noise ordinances). Indeed, that the Westboro Baptist Church can loudly assert their reprehensible message from sidewalks is a nice baseline for what is permitted.
As far as I can tell, this took place on a sidewalk and I doubt he violated a noise ordinance.