The Sinister Sidewalk Singing Citation Circus:

Tuesday August 3 10 AM Dept. 10
in the basement of the County Building 701 Ocean St.
Music & Munchables 9:30 AM in front of the Courthouse 701 Ocean St.
Robert "Blindbear" Facer, a homeless street musician, and Robert Norse, a housed activist and long-time supporter of homeless civil rights, go to trial for violation of MC 9.36.020. Attorney Ed Frey, founder of the PeaceCamp2010 protest will defend Facer; Norse will defend himself.

This law used against the political protesters bans daytime “unreasonably disturbing noise” [udn] that is “unreasonably disturbing or physically annoying to people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted.” The noise banned is singing.

The trial was postponed until early September because the Commissioner Baskett's court staff had failed to verify that their recording equipment was working.

Commissioner Baskett disrespectfully kept over a dozen people waiting for two hours in the process.

A Deputy City Attorney, Sean Reilly, and Officer Schonfeld showed up in the City's continuing struggle against Sinister & Subversive Sidewalk Singing.

Baskett indicated she'd probably rule against our motion seeking to have the case dismissed because state law overrules the city ordinance and preempts the field. That motion will be argued when the afternoon trial resumes next month.

We estimate the City has spent thousands of dollars on briefs, court appearances, and the like so far. All in a case that involved rather standard sidewalk singing in a low-key homeless protest in front of the Bookshop Santa Cruz.

The key issue for me continues to be the City's abuse of the Unreasonably Disturbing Noise (UDN) ordinance in order to drive away musicians at the whim of a private complainant.

Drummer Brent Adams had his Unreasonably Disturbing Noise citation postponed for several weeks when he'll see if he can find an attorney to take the case.

PeaceCamp2010 resident, drummer, and feather-hatted activist Robert Facer was due to have a charge of "sitting within 14' of a phone booth" dismissed, according to an earlier statement from Baskett in the afternoon. The charge was the final chapter of the day in the harassment march forced on the Drum Circle when it was driven away from the Elm St. Parking Lot several months ago.

The Singsong Trial will resume at 1:30 PM on September 2nd.

Robert Facer's "sinister sitting" citation was not dismissed, according to a recent e-mail from PeaceCamp2010. Rather it was "continued" until 10 AM on September 2nd.

Another example of Commissioner Baskett's saying one thing and doing another. (She advised us in court that she'd be dismissing it in the afternoon; advised us we could have a continuance if we needed it because of the witness problems she'd created by delaying the trial, but then held us all for an hour and a half until she finally agreed to do what she said---after we'd huddled with the City Attorney to force the issue.)