City Circus Back In Town: Sinister Sidewalk Singing Trials Resume

The Facer/Norse trials resume from where they left on July 20.

For more background, see ""Unreasonably Disturbing Noises" Trial Continued for Robert Facer and Robert Norse" at http://www.indybay.org/newsitems/2010/07/20/18654398.php

and "More Sidewalk Singing Tickets Go to Trial " at http://www.indybay.org/newsitems/2010/07/15/18653899.php

The issue is whether the police and city attorney will continue to crack down on street performers and political activists at the whim of a private complainant using the pretext of "unreasonably disturbing noise".

The City Attorney's involvement seems to be part of a new legal attack from above.

This includes a gala city-funded $50-100,000 campaign to criminalize sleeping for two homeless musicians in a Civil Injunction hearing.

As well as a ludicrous "walk in a parade without a permit; get a citation" action against activist Wes Modes. See "Stop Legal Warfare Against Homeless & Activists" at http://www.indybay.org/newsitems/2010/06/20/18651331.php

At the same time, the City Attorney's office is busy creating new repressive laws against"criminal" sitters, sleepers, and street performers who ignore the abusive tickets being given to run them out of town.

See "Nasty new ordinance making Sleeping Ban Tickets misdemeanors" at http://www.indybay.org/newsitems/2010/06/19/18651270.php

The Facer/ Norse trials were continued from three weeks ago when Facer's attorney Ed Frey and Robert Norse presented a motion to quash the trial. This prompted Commissioner Kim Baskett to suspend the trials for 3 weeks to give the City Attorney's office time to respond.

Frey and Norse argued that because the state penal code's Disturbing the Peace "preempts" the field.

If the motion is granted (which is unlikely) the trials would be halted and the city attorney would have to file (or have a D.A. file) a "Disturbing the Peace" charge under PC 415.

This, according to Frey, would require the prosecution to prove " a clear and present danger of creating violence" or "a specific intention to disrupt or annoy others".

Since Commissioner Basket has sentenced others in the past under the UDN ordinance, I find it unlikely she would have the courage or independence to grant the motion--however valid it may be.

We are also planning other constitutional arguments--as well as a tasty morning munch-a-long, compliments of India Joze master chef, Jumbogumbo Joe Schultz.

Songs and speeches may also slurp out onto the sidewalk.

PeaceCamp2010 may also be speaking on some of its issues.

The show begins at 9:30 AM at PeaceCamp2010. All are invited.