Judge rules against atheist attacked in costume

[rug]

4. Here's the statute.

§ 2709. Harassment.
(a) Offense defined.--A person commits the crime of
harassment when, with intent to harass, annoy or alarm another,
the person:
(1) strikes, shoves, kicks or otherwise subjects the
other person to physical contact, or attempts or threatens to
do the same;
(2) follows the other person in or about a public place
or places;
(3) engages in a course of conduct or repeatedly commits
acts which serve no legitimate purpose;
(4) communicates to or about such other person any lewd,
lascivious, threatening or obscene words, language, drawings
or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient
hours; or
(7) communicates repeatedly in a manner other than
specified in paragraphs (4), (5) and (6).

. . . .

(c) Grading.--
(1) An offense under subsection (a)(1), (2) or (3) shall
constitute a summary offense.
(2) (i) An offense under subsection (a)(4), (5), (6) or
(7) shall constitute a misdemeanor of the third degree.

. . . .

(e) Application of section.--This section shall not apply to
conduct by a party to a labor dispute as defined in the act of
June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
Injunction Act, or to any constitutionally protected activity.
(e.1) Course of conduct.--(Deleted by amendment).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Communicates." Conveys a message without intent of
legitimate communication or address by oral, nonverbal, written
or electronic means, including telephone, electronic mail,
Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct. Acts indicating a course of conduct which
occur in more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.

. . . .

http://law.onecle.com/pennsylvania/crimes-and-offenses/00.027.009.000.html

The defendant was charged with a summary, i.e., non-criminal, offense. In Pennsylvania those cases are prosecuted by the arresting officer, not an A.D.A., before a local magistrate without a jury. A magistrate does not have to be a lawyer.

That's the long answer. The short answer to your question is no.