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UID:Indybay-18653899
SEQUENCE:18725382
CREATED:20100715T145100Z
DESCRIPTION: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.\n\nCity attorney John Barisone has 
 taken up a heckler's complaint about political songs disturbing his sleep 
 at 2-3 PM in the afternoon. See 
 http://beckyjohnsononewomantalking.blogspot.com/2010/01/sing-song-go-to-jail.html\n\nSanta 
 Cruz resident Sean Reilly and Officer L. Schonfield previously testified in 
 the April trial of Becky Johnson for the same 1-6-10 incident.  See 
 http://beckyjohnsononewomantalking.blogspot.com/2010/04/confessions-of-song-criminal.html\n\nJudge 
 Almquist did not allow Johnson a court reporter, rushed the trial, 
 interrupted the defense conclusion, and fined Johnson $250 (translated into 
 Community Service).  Attorney Ed Frey is appealing the conviction.\n\nSome 
 members of the Street Performers Guild expressed strong concerns that this 
 new Almquist ruling gives the anyone who dislikes music or drumming on 
 Pacific Avenue a blank check "heckler's veto".   \n\nThe lyrics to one of 
 the offending songs "Downtown" can be found at 
 http://beckyjohnsononewomantalking.blogspot.com/2010/01/downtown-music-by-petula-clark-lyrics.html 
 \n\nBarisone managed the prosecution at public expense under the 
 Unreasonably Disturbing Noise law (MC 9.36.020) in spite of Mayor Rotkin's 
 assurance to some of the participants that political singing wasn't covered 
 by the law.  \n\nLast month drummer Brent Adams was ticketed, and 
 threatened with a second "disturbing the peace" ticket on a subsequent 
 occasion reportedly by a worker at Pennrose and Atack--the law firm with 
 offices above Borders--for drumming during the day.   Drummer Tamorack has 
 also received a second citation, reportedly from the same location.  
 \n\nWednesday Drum Circle participants, though largely undisturbed at their 
 new location at Soquel and S. River St. next at the "levy triangle" next to 
 the Soquel bridge, have reported police continue to demand drummers and 
 musicians "stop playing and leave".\n\nThis misuses MC 9.36.020--the 
 Unreasonably Disturbing Noise law--whose wording may require playing more 
 quietly, but doesn't give officers license to shut down performers.   This 
 is being done under the pretext of "private person" or "citizen" 
 complaints/arrests.  \n\nPolice practice of shutting down and moving along 
 musicians on the basis of the "heckler's veto" instead of advising them to 
 play more quietly seems an unlawful interpretation of the actual wording of 
 the law, as well as an unconstitutional suppression of the First Amendment. 
 \n\nOnce a ticket is issued, the performer is chilled from subsequent 
 playing--under threat of a much more severe penalty, and required to go to 
 court or pay a $400+\nfine.\n\nAttorney Ed Frey will be defending Facer; 
 Norse will be defending himself.\n\nA prior update covering much background 
 in the case can be found at "Sinister Street Singers Trials Consolidated 
 and Postponed Until July" 
 (http://www.indybay.org/newsitems/2010/04/29/18646105.php)\n\nAs of August 
 12, the new "three unattended infractions" law goes into force.  This allow 
 the Barisone to arrest and charge any new infraction (whether about 
 performing, sitting, sleeping, littering, smoking, etc.) as misdemeanor 
 crimes punishable by up to 6 months in jail and $1000 fine.  \n\nEven if 
 the infractions are subsequently paid off, any infraction of any kind for 
 the next year can be charged as a misdemeanor.\n\n 
 https://www.indybay.org/newsitems/2010/07/15/18653899.php
SUMMARY:More Sidewalk Singing Tickets Go to Trial
LOCATION:Dept. 10 in the basement of the 5-story county building at 701 Ocean St., 
 next to the "flatiron" Court building.
URL:https://www.indybay.org/newsitems/2010/07/15/18653899.php
DTSTART:20100720T163000Z
DTEND:20100720T180000Z
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