The second could be assault. That #$%* spewed toxic smoke in the faces of several bicyclists who were simply out for a ride, for no other reason than to be a complete #$%*. Let's say you were walking down the street, minding your own business, and I had a canister of foul smelling toxic gas and sprayed it into your face because I didn't like the t-shirt you were wearing. Kind of the same thing really, isn't it?
You're not seriously going to defend the practice as some kind of exercise of freedom, are you? Most deisel drivers are in concensus that the practice is not only #$%*ty and wasteful, but gives people who drive deisel trucks a bad reputation.
I subscribe to your point in general principle, Chicken. But I do see a parallel to these morons (those who would alter a vehicle intentionally to produce this exhaust) with those who burn the American flag, or march in protest to certain topics. I don't agree with either group, but one could argue that these "coal rollers" might be protesting their viewpoint that the EPA has overstepped their bounds. As absurd that notion is, it's a viable argument. Not a method or action I condone by any stretch, but certainly within their rights to do so.
As for someone to make a legitimate case of "assault" I think they would have to show document damage of physical harm. Else, I could wage charges of "assault" to all those strum pets who wear far too much, noxious perfume in public and offend my olfactory glands. Where would it end?
I say let's agree; they are behaving badly in public and with little regard for their fellow man. Perhaps social pressure is sufficient to persuade them to amend their immature ways. A good old dose of Catholic Guilt works wonders on even the most dim-witted of citizens when delivered properly. Now, where's my ruler...
