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UID:Indybay-18655007
SEQUENCE:18726420
CREATED:20100730T162400Z
DESCRIPTION:The Facer/Norse trials resume from where they left on July 20.\n\nFor 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\n\nand "More 
 Sidewalk Singing Tickets Go to Trial "    at 
 http://www.indybay.org/newsitems/2010/07/15/18653899.php\n\nThe 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".\n\nThe City 
 Attorney's involvement seems to be part of a new legal attack from 
 above.\n\nThis includes a gala city-funded $50-100,000 campaign to 
 criminalize sleeping for two homeless musicians in a Civil Injunction 
 hearing.  \n\nAs 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 \n\nAt 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.\n\nSee "Nasty new 
 ordinance making Sleeping Ban Tickets misdemeanors" at 
 http://www.indybay.org/newsitems/2010/06/19/18651270.php\n\nThe 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.\n\nFrey and Norse argued that because 
 the state penal code's Disturbing the Peace "preempts" the field.  \n\nIf 
 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.  \n\nThis, 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".\n\nSince 
 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.  \n\nWe are also planning other 
 constitutional arguments--as well as a tasty morning munch-a-long, 
 compliments of India Joze master chef, Jumbogumbo Joe Schultz.  \n\nSongs 
 and speeches may also slurp out onto the sidewalk.\n\nPeaceCamp2010 may 
 also be speaking on some of its issues.\n \nThe show begins at 9:30 AM at 
 PeaceCamp2010.   All are invited.   \n 
 https://www.indybay.org/newsitems/2010/07/30/18655007.php
SUMMARY:City Circus Back In Town: Sinister Sidewalk Singing Trials Resume
LOCATION:Food and demo: 9:30 AM in front of the County Courthouse on the steps at 
 PeaceCamp2010  at 701 Ocean St.\n\nTrials:  10 AM in the basement of the 
 adjacent County Building in Dept. 10 next to the law library.
URL:https://www.indybay.org/newsitems/2010/07/30/18655007.php
DTSTART:20100803T163000Z
DTEND:20100803T190000Z
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