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First off this is all under the assumption that everything the old guy claims is true.
If the toilet was just sitting on a corner somewhere then I think the old guy going in and using it is fine. If he walked past a fence and into the construction site without alerting whomever it was in charge, then he's also in the wrong. I can understand the idea of "when you gotta go, you gotta go," but there's still some prodcedure to be followed. The construction workers did act like immature morons, but I think it's quite possible that both sides were in the wrong.
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