[DrPhil]

What is disorderly conduct and whether or not the person will get arrested depends on the circumstances and the officer's discretion.

I've seen some pretty ridiculous people who weren't violent with officers but were difficult and called the officers everything but a Child of God and the officers did not arrest them.

Sooooo...discussing why Gates was seen as disorderly enough to be arrested is accurate. Age and other factors play a role in officer discretion.

ETA: I'm not saying he should or should not have been arrested. I wouldn't see the funny arrest photo had he not been arrested.