Call it a crime of cheeky behavior. You need to deal with the fact that he was being a public nuisance. If I started fucking the drain hole in the road on your block, am I protected by any legal rights?
I also had a good laugh at fools who think this is protected under 1st amendment. People who don't even know what that means have no right to hold such a privilege.
Looks like his dong's in his pants and nobody's around. What do I care if you dry-hump a drain in the middle of nowhere with your shorts on?
(or skorts? Long boxers...? Unsure what those are called... "skateboard asshole attire")