(dissenting)- — I believe the evidence is sufficient to support appellant’s contention under sub-paragraph (8) of RCW 9.87.010.
Furthermore, the majority’s negation of the applicability of (7) of RCW 9.87.010 seems to me to be unnecessarily restrictive and inappropriate. In State v. Finrow, 66 Wn.2d 818, 820, 405 P.2d 600 (1965), the term “disorderly,” as used in (7) of RCW 9.87.010, was defined per Black, Law Dictionary (4th ed.) to mean: “Disorderly. Contrary to the rules of good order and behavior; violative of the public peace or good order; turbulent, riotous or indecent. (Italics ours.)” The majority opinion unduly emphasizes only the last phrase, “turbulent, riotous or indecent,” and thereby *992concludes that appellant’s conduct as a prospective spectator at the impending drag race cannot be categorized as “turbulent, riotous or indecent.” Thus, the majority sets up and knocks down a straw man, convincingly, but with what pertinent result? The emphasis upon this particular phrase conveniently overlooks the other language of the Black’s Law Dictionary definition referred to by the court in State v. Finrow, supra. The other definitive language therein— namely, the words, “Contrary to the rules of good order and behavior; violative of the public peace or good order;”— seems to me to be pertinent and to encompass and to apply to appellant’s deliberate conduct apropos of participating as a spectator in an unlawful “drag race” which was about to be staged or conducted on a public highway. There should certainly be no doubt that utilizing both lanes of a two-lane county highway for two cars to engage in high speed competition would be potentially quite dangerous to other motorists, inimical to good order and behavior, and violative of the public peace.
The essence of the majority’s reasoning is found in the following sentence: “It would be a strange law indeed that condemned anyone who sits in an automobile as a vagrant.” To me it is even “stranger law” to tacitly admit that conduct violative of the public peace is nevertheless not subject to sanction. The appellant herein was not a “happenstance” witness upon the scene. He voluntarily rode as a passenger some 18 miles in order to savor the thrill and excitement of, and to provide spectator support for, an unlawful race. Thus, he was not just “anyone who sits in an automobile.”
The majority opinion too readily ignores the relationship between the race itself and the act of watching it. As a practical matter, the interest and participation of “drag racing” car drivers seem to me to be motivated and considerably enhanced by the presence of spectators and their reactions to a “drag race” event. Of course, impromptu challenges and “drag races” do occur upon our streets and highways, and perhaps with distressing frequency, usually involving overly brash or irresponsible “hot rod” enthusiasts. But without spectators, a “drag race” event, in terms *993of its significance or attraction to the driver-participants, would be about as unlikely an occurrence as a Rose Bowl football game without spectators. In other words, the spectators and the anticipation and excitement created by their presence were integral parts of the alleged sporting event scheduled to take place on the evening of February 6, 1965 (upon the portion of the county public highway unlawfully and dangerously appropriated for the “purpose”), until the timely intervention or appearance on the scene of the sheriff and other minions of the law, including the Washington State Patrolman.
In State v. Finrow, supra, this court said:
The term “lewd and disorderly” does not have a statutory definition, but, as the court said in State v. Harlowe, 174 Wash. 227, 235, 24 P.2d 601 (1933):
They are words, however, of common and general use and are easily understood by men and women of average intelligence, (p. 806.)
I take issue with anyone who would contend that “spectator-ship” in connection with a deliberately planned, unlawful, “drag race” upon a public highway unlawfully appropriated for this unlawful purpose is consistent with the rules of good order and behavior, and is nonviolative of the public peace and good order.
For the reasons indicated, I am convinced that the evidence and circumstances in the instant case were sufficient to support appellant’s conviction under (7) and (8) of the vagrancy statute, and I think the judgment should be affirmed.
May 20, 1966. Petition for rehearing denied.