I don't think a reasonable person would have responded in such a manner and my bet the jury won't think so either.
This was a 9/10 guerrilla marketing stunt attempted in a post-9/11 environment. The paradigm has changed. Apparently they were unaware of it.
Apparently you are, too.
CA....
It has been 5 and a half years since 9/11. The Patriot act has largely been repealed, people are no longer concerned about this. The paradigm has shifted back, but apparently you are not aware of this.
"This was a 9/10 guerrilla marketing stunt attempted in a post-9/11 environment. The paradigm has changed. Apparently they were unaware of it."
These guys are idiots but the issue is whether lite brites can be taken for bombs. Pretty obviously an item that looks like a bomb shouldn't be treated lightly.
The other cities didn't go to this extent. So did Boston over react or did all those other cities under react?