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Indybay Feature

Police Car Baby-sits a non-existant Farmer's Market Drum Circle

by brent lucifer adams
Police install and remove steel fence posts and temp fencing every week and now a police car with two officers
sit in the parking lot for several hours... why? To selectively enforce an unconstitutional law.
After several attempt to break up the drum circle using the unconstitutional 15 minute parking lot law, the police
last Wednesday simply just sat on the spot where drummers have gathered for 10 years. The presence of a police
car with two policemen in it sitting in the area scared the drummers away. Although many cars nearby had occupants
sitting in them for well over the 15 minute limit, the policemen did nothing to prevent that illegal activity.
The City of Santa Cruz last week cut 2.8 million dollars from its budget but still finds time and money to install and remove steel fence
posts and fencing every single week and now to have Santa Cruz's finest just sitting for several hours in a parking lot...
clearly selectively enforcing a stupid law.
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by thedrumsthedrumsthedrums
a good use for drums against baylon is at the jail, preferably at night when the inmates can hear it. It is your right to do so, although cops wouldnt know it. It is smart to avoid arrest, if they start menacing you. "he who fights and runs away, lives to fight another day"
by .cp
varying the site would be nice, but it would be hard to coordinate. How would you announce the location?
by ~Bradley (bradley [at] riseup.net)
drum-circle_12-3-08.jpg
There was an unsettling silence on Cedar Street as I approached the site of the weekly farmer's market. This sign was leaning on the fencing as the market vendors were cleaning up their stalls.
by ~Bradley
fenced_12-3-08.jpg
by Good Reporting Brent
Thanks for the update, and observations.
by Robert Norse
A large crowd, positioning itself between the squad car and the fenced off area, could provide necessary privacy for the Drum Circle and also provide the police with some necessary diversion and distraction.

This does require a willingness to reassert the right of public assembly on Parking Lot #4 and to challenge the law with a mass presence that, in the past, has deterred police from citing--though, in theory, they could have cited at any time.

Of course, if they can get people to withdraw without actually citing anyone, they succeed in destroying another traditional cultural event in line with Mayor Coonerty's new "clean up the downtown" campaign.

It is legal to be in a parking lot while in the process of parking or retrieving a vehicle--and if, let's say, you're a passenger waiting for that vehicle to be parked or retrieved (15 minutes allowed), then police have no basis for citing you for not leaving, however much they'd wish you to be gone.

See text of the law at http://www.indybay.org/newsitems/2008/09/11/18536737.php?show_comments=1#18538400

Removing the Drum Circle to the Town Clock makes it much more vulnerable. It is the proximity of sympathetic people at the Farmer's Market that has facilitated successful resistance to Coonerty's Parking Lot Panic Law and the closure of public space. Elsewhere police and bureaucrats have successfully closed off approximately 10 square blocks of previously open public space.
by Robert Norse
Susan, a lead drummer in the Wednesday Drum Circle next to the Farmer's Market, and in other musical events throughout the week on Pacific Avenue, reported she was given an "unattended" property while talking to her friend Michele near New Leaf Market. Her crime? Having her backpack and drum 8' away on the sidewalk.

Earlier a fire cracker exploded nearby. Police came to investigate. A group of people there dispersed, but not Susan and Michele, who continued talking. In response, an officer--probably Sgt. Michael Harms, gave Susan an "unattended property" ticket.

This code section reads: "15.32.010 PLACEMENT OF OBSTRUCTIONS ON STREETS AND SIDEWALKS.
(a) No person shall place or park any vehicle or object on any public street, sidewalk, roadway,
pedestrian way, or bicycle path in the city of Santa Cruz, where placement of such vehicle or object constitutes a hazard to traffic or pedestrians or any obstruction to the free movement of traffic or pedestrians.
(b) Any personal property including but not limited to backpacks, boxes, luggage, or devices
used to transport personal property, which is left unattended on a public sidewalk or other pedestrian way shall be deemed lost or unclaimed property for purposes of Chapter 2.24, taken into custody by the city and disposed of in accordance with the procedures delineated in Chapter 2.24.

The officer apparently created a new rule (not in the code section) which requires the person to be within 3 squares (6') of her property. Several days ago Dreamcatcher, a pen-and-ink artist who sits and draws outside Borders along with singer "Black Rose" Rebecca, got a similar ticket for leaving his guitar and artwork in the custody of Mia while he went to the public restroom, by his report. For similar incidents check the HUFF archives at http://www.huffsantacruz.org under "Bathrobespierre's Broadsides".
by Citizen-Smith
As a long time attendee of Grateful Dead shows, assorted music festivals and street fairs - I have never understood the attraction of "drum circles" - in my experience tend to be too loud and full of people that have very little rhythm. We do you guys insist on doing this where people gather - by you sheer volume you force people to endure you or force them to leave - I find this to be quite self centered - why do you not go to the top of a mountain, a deserted beach or some other place where you can practice your ritual with out forcing it on other people - I would put you in the same category as loud speakers calling people to prayer ie pretty obnoxious.
by Subrosa Cafedweller
"A large crowd, positioning itself between the squad car and the fenced off area"

-So you and Becky are willing to risk arrest? I always see you telling other people to get themselves arrested, Robert, but I don't see you in cuffs?
by Robert Norse
Those concerned with restoring the rights of public assembly--particularly for homeless, poor, young, non-white, and countercultural people might check out the December 6th Saturday night Copwatch, Chowdown, and Sleepout in front of Borders (http://www.indybay.org/newsitems/2008/12/04/18553665.php ).

Bring blankets, sleeping bags, a car if you have one, cameras, and friends.

Folks who want to alert sleeping liberals might also check out the Human Rights Fair at Louden Nelson Center on Saturday afternoon (http://www.indybay.org/newsitems/2008/11/26/18552918.php)

The DTA's Downtown Xmas Parade will also be happening on Saturday morning, for those who want to remind the hundreds watching that Cops on Crank are doing the Coonerty Clampdown on Pacific Avenue as the economy nosedives.

And that there's still a war in Iraq, a widening war in Afghanistan, and a silent City Council that funds companies like Camp, Dresser, and McKee (the deSal plant) that profiteer off of Iraq and Afghan misery.

Lots of issues, lots of denial.

by Robert Norse
References for the Council's coddling and courting of Camp, Dresser, and McKee--and its record:

"Making a Killing in Iraq" comes to Santa Cruz - in more ways than one.
http://www.indybay.org/newsitems/2007/09/24/18449441.php

Desalination and War Profiteering in the City of Santa Cruz
http://www.indybay.org/newsitems/2006/09/27/18314697.php
by Donna Deiss Yovino (spiritdancerocean [at] yahoo.com)
Please contact professional drummers via email, letter and word of mouth concerning this attack on free speech, freedom of assembly and free music. We need more and constant support of the right to gather as a subculture, to share food and friendship, to learn to express ourselves through drumming.

Although a few miscreants may hate all drumming period, most people enjoy a parade or a music performance occasionally. Please ask professional drummers to help us begin and end and perfect our skills. This is a totally spontaneous gathering that needs to be officially sanctioned as a community event open to all.

The farmer's market has been the home of the drum circle for over ten years, a place where the hippies, gypsies, musicians and poor gather to keep in contact and keep spirits up once a week.

The recent increased harrassment of homeless and street musicians downtown and by a new ranger at 3 tree lot indicates a sad downturn in hope for the homeless and increases the criminatlization of youth in overcrowded jails that Californians do not want to pay for. THe indirect methods of the City Council to hide the effects of the sleeping ban and to run homeless people out of town directly challenges democracy and human rights.
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