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UID:Indybay-18642745
SEQUENCE:18708896
CREATED:20100324T070500Z
DESCRIPTION:On January 6, Michele D. apparently heard some commotion on the sidewalk 
 and came down from her residence in the St. George to see what was 
 happening. She ended up being cited for "singing loudly" though she hadn't 
 been there at all. \nShe'll be appearing in court to defend herself from 
 this completely false charge. \n\nIn front of the Bookshop Santa Cruz, 
 activists were tabling, serving the homeless food, giving out literature, 
 and playing the occasional song in front of the Bookshop Santa Cruz in the 
 Free Speech Zone. \n\nThey were publicizing and protesting laws against the 
 homeless like the City's Sleeping Ban, which contributed, they contended to 
 the three-fold increase in the homeless death rate over the previous year. 
 One placard named the 45-57 homeless people who had died in 2009. (See 
 http://www.indybay.org/newsitems/2010/01/20/18635743.php). \n\nOfficer 
 Shoenfeld, a rookie cop, was arranging for citations to be written to three 
 activists (originally five apparently, accor \nding to her subsequent 
 police report) for singing at the usual volume on the sidewalk. 
 \n\nShoenfeld, who had barged into the middle of a low-key song "Let it 
 Snow" first insisted the singers leave or face a $445 "citizen's citation". 
 Asked what an acceptable level of singing was, Shoenfeld refused to answer, 
 declining even to say if what she heard was "unreasonably disturbing" as 
 required by the law. Nonetheless, the singers agreed to sing more quietly. 
 \n\nInstead of leaving the activists to resume their tabling and singing, 
 Shoenfeld encouraged the original complainant Sean Reilly, a hostile critic 
 of the singing and 2nd floor St. George Hotel resident to use her to give 
 out citations. \n\nApparently the police are using a new tactic--playing 
 more softly isn't an option, musicians have to leave, if there is a 
 "heckler's veto", regardless of whether the music is within the legal 
 limits. \n\nThe completely uninvolved Michele was cited as well, though she 
 hadn't been there throughout the event, wasn't singing when she arrived or 
 any time thereafter, and was shocked when Officer Inouye grabbed and 
 threatened her as she tried to walk away. \n\nSome of the Michele's dismay 
 and outrage can be found in the dialogue captured at 
 http://www.radiolibre.org/brb/brb100124.mp3 about one hour and six minutes 
 into the audio file. \n\nThe beginning of the incident is at 
 http://www.radiolibre.org/brb/brb100117.mp3 about five hours and twenty 
 five minutes into the audio file. The incident continues at 
 http://www.radiolibre.org/brb/brb100117.mp3 about one hour and three 
 minutes into the audio file. \n\nThe "crime" was "unreasonably disturbing 
 noises" (MC 9.36.020) which actually allows an exemption for sounds made 
 "necessary in connection with an activity which is otherwise lawfully 
 conducted." \n\nSome photos of the event and lyrics of one of the songs 
 sung can be found at 
 http://beckyjohnsononewomantalking.blogspot.com/2010/01/downtown-music-by-petula-clark-lyrics.html. 
 \n\nActivists wonder if HUFF (Homeless United for Friendship & Freedom) was 
 specifically targeted because of its opposition to the police/DTA sweeps 
 downtown. Or whether Officer Shoenfeld was simply punishing the activists 
 for declining to move (though agreeing to sing more softly) and repeatedly 
 asking Shoenfeld what was the noise standard, so they could follow the law. 
 \n\nBecky Johnson, who wrote an account of the incident at 
 http://beckyjohnsononewomantalking.blogspot.com/2010/01/sing-song-go-to-jail.html 
 goes to trial Friday, March 26 at 10 AM in the Dept. 1 in the main 
 courthouse in the "court" of Ariadne Symons. \n\nThere is some speculation 
 that the charges are so groundless and the attack on the singers so 
 unconstitutional that the complainant won't show up to either trial. 
 \n\nThere seems to be a general crackdown on musicians on Pacific Avenue 
 with cops using a variety of groundless charges--particularly focusing on 
 harassing the visible homeless. (See "Bucking Bullying Bigots and Badboy 
 Blueshirts DowntownP at 
 http://www.indybay.org/newsitems/2010/02/14/18637802.php ) \n\nActivists 
 and civil liberties attorneys have won a recent victory (See "Homeless 
 Frame-Up by Cops and City Attorney Defeated in Rare Court Victory" at 
 http://www.indybay.org/newsitems/2010/03/20/18642123.php). We feel the 
 presence of community members witnessing the hearing may have helped to 
 stem the right-wing vigilante tide against the poor in that case. Folks are 
 invited to come down again. \n\nHUFF will be throwing a free meal, again 
 compliments of Jumbogumbo Joe Schultz 1 PM in front of the County Building. 
 \nTasty hot vegan food to prepare the community for the possible courtroom 
 capers. \n\nTwo more defendants, Robert "Blindbear" Facer, a homeless 
 singer, and Robert Norse, a local activist, are slated to go to trial in 
 April and May respectively.\n 
 https://www.indybay.org/newsitems/2010/03/24/18642745.php
SUMMARY:Sinister Street Singer Citation Goes to Trial: Round One
LOCATION:701 Ocean Street in the basement of the County Building in Department 10, 
 the Court of Commissioner Kim Baskett
URL:https://www.indybay.org/newsitems/2010/03/24/18642745.php
DTSTART:20100325T203000Z
DTEND:20100325T213000Z
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