This is a pretty fair question to ask, not sure why people are getting so butthurt. He probably gets a pass because aside from this he's a legend. He's still putting out top tier footy in his older age, which is rare for any skater, let alone street skaters. The history of the bench kinda helps his case too. If he was doing a bunch of other kooky shit, he'd probably be getting tore up for this, but he's pretty universally loved.