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Dirty-South Blues Harp forum: wail on! >
Buskers: keep this link
Buskers: keep this link
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LittleJoeSamson
61 posts
Sep 14, 2008
8:38 PM
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http://caselaw.lp.findlaw.com/cgi-bin.getcase.pl?court=9th&navby=case&no=9655545
This is the case law covering the free speech aspects of busking...the Court calling it a "protected expressive activity".
Yesterday, I was down by the pier, and following all the rules: Not playing too loud, not obstructing pedestrians or other traffic, in an open public venue. Was generally polite, and had my buskerdoo, which doubles as a tip bucket.
Had done reasonably well, and was packing up when a cycle cop wheels up. He proceeds to say that it is OK to play, but that accepting donations violates a town ordinance. He says he is just giving a warning this time.
I know he's stating policy, but I also know that it is unconstitutional. However, I have no documentation with me, and I'm leaving anyway. The guy is not obnoxious, but the law is wrong and unenforcebale. Case law, in effect, nullifies it.
So, now I have printed out the documents. I actually copied the PDF from Court documents. I will bring this along when next I go to that locale.
I will not make a scene, or go overboard. This is a right, though. Reasonable regulations have to be respected. Common courtesy should be employed.
If I ( or anyone else ) is ticketed, do not protest. The ticket is your evidence for a lawsuit against the municipality, the department, and individual officers for violating your rights. Make sure and get names and badge numbers. Take pictures showing open egress.
LJS
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gene
6 posts
Sep 15, 2008
1:13 AM
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The link you posted does not direct us to the information you are referring to. Try again, please. If the link still does not take us there, please copy/paste the info here.
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LittleJoeSamson
65 posts
Sep 15, 2008
7:05 PM
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Sorry, bad eyes:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9655545
You can also Google: Ninth Circuit Appeals #9655545 and get the Court PDF file.
LJS
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