resist is disproportionate to the threat. 6 . In Town of Springdale v. Butler, 299 S.C. 276, 384 S.E.2d 697 (1989), we held the fact that the defendant was on his private property did not preclude his conviction for disorderly conduct under a town ordinance which did not require the incident occur in a public area. Although Butler could be viewed as an indication that a person’s yard or driveway is not a public place, the definition of a public place was not an issue in Butler, and there was no need for this Court to determine whether or not Butler’s driveway could, under any circumstances, be considered a public place. Accordingly, Butler is not dispositive. 7 . McGowan also contends his disorderly conduct arrest was unlawful under State v. Perkins, 306 S.C. 353, 412 S.E.2d 385 (1991) (<HOLDING>). The Court of Appeals recently distinguished
holding that disproportionate impact standing alone was insufficient to prove unconstitutional racial discrimination holding that parole status alone is insufficient to justify search of a parolee holding that adverse inference alone insufficient to support a motion for summary judgment holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment holding that raising voices to police officers standing alone is insufficient to convict of disorderly conduct