parks and recs rules on first amendment protected activity. https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art03Division01.pdf
Saturday, January 15, 2022
Wednesday, December 9, 2020
Street To Stage
Are you an artist, a busker, or a performer?
Street To Stage is a place you can learn to advance your craft, or performance skills.
Here you will learn how to perform on the streets, and get gigs on stages. You will also how to navigate city, state and federal laws concerning public performances.
Some of the information here will be readily available for free.
There will also be courses to help hone in these skills available for Patreon tier members. To gain instant access to various levels of learning become a Patreon today. https://www.patreon.com/StreetToStage
Monday, December 23, 2019
Busker Etiquette
One of the main problems we face as buskers is infighting. This is caused by a lack of busker etiquette. I have been busking since 2004 and fighting for buskers rights since 2008. In that time I have come across a lot of buskers and have heard stories and had plenty of experiences that could be helpful to other buskers. One of the problems buskers face is dealing with spots and how they are occupied. Some buskers follow a 1st come 1st serve rule, while others stake a claim on a spot and hold it down. Both principles are right to some extent. 1st come first serve generally works for the majority of spots, but there are spots and times it does not work. Some spots are nothing if it was not for the busker that occupies them. Literally they came every day and built an audience and made that spot into a thriving area. Then along comes newbie and newbie see's the money "Grandpa" made and thinks he/she should be making that money too. So they inch in, slowly day by day until they take over and run Grandpa out. Then they fail miserably and scream at the crowd while they fail...
Why? 1 because Grandpa built that audience. Grandpa made that spot a space and it was literally grandpa's skills holding it together. Grandpa was pulling 25 an hour in the spot and you can't even pull 5 there. There are several reasons. 1 karma. believe it or not it applies to busking. You tried to move in on an established spot and expected the same results a seasoned busker was getting. 2 Grandpa has been there a while, he has a lot of return customers/ patrons. 3 Grandpa probably made peace with the businesses in the area and has a report with them. This gets more business his way because the businesses up talk him to their customers. 4 Grandpa has been at this for a while so chances are he knows a thing or two about advertising, and a web presence, which also helps patrons find him... He probably has social media and a good following as well. 5. The spot in question has been filled by Grandpa day by day, for years, and now here you come wanting to take it. His patrons wont be too keen on that. His friends also wont be too keen on that. A lot of passerby's that know him also wont be too happy about it. You just pissed off your audience, good job. 6. Chances are if Grandpa has an established spot, he earned it. More often than not, Grandpa went out and got special permission to occupy said spot. So expect a battle when you try and take his established spot.
When I go out and busk area's that are not in my set spot, I am well aware of others established spots and I make it a personal note to stay out of their spots. I can make any spot my own, I don't need to mess with the spaces others take up. Now that being said when it comes to my personal spot I get territorial, but I also jumped through a lot of hoops and red tape to establish my spot. I also spend a lot of time and money on advertising that I will be in said spot. I also know that if someone tries to take my spot I can set up right next to them and either the fumes from my paint, or the crowds I make will result in them leaving shortly after. I usually don't have to do much of anything to get competition to leave me be.
This, however, is not the case with all buskers.
Some musicians will set up next to a busker that has to pitch with their voice, and then blast music. Not even caring about how they are messing up the other buskers pitch/ ability to make money.
Some buskers will move into an already crowded area, and try and run off other buskers.
Buskers often will try and take other buskers established area, by rushing out hours before the busking times just to lay stake on a claim of a spot, then will waste the spot all day by drinking and socializing with people. They stake a claim so they can busk at 5 to 7 the prime time, meanwhile a productive busker would have been busking that spot the whole time they were there.
None of this is productive to the cause. It results in fighting and arguments, which leads to laws and regulations being created that puts further restrictions on our freedom of speech.
Often buskers will intimidate each other and threaten with physical violence or calling the police. Neither of these things are productive either. If you are fighting with another busker, that is two people losing out on money. You make yourself and the other person look bad and effectively ruin it for all the other buskers as well. This is what gives us a bad reputation.
If a busker offended you in some way, try and openly communicate with them first. Try to do it with respect even if you feel disrespected. Maybe they are blissfully unaware that they somehow offended you. If communication doesn't solve the problem, move on over, let them have the spot and engage in fierce competition with them. Perhaps when they see they haven't moved you or that you are making all the money they will leave. If they over power you with sound, come back the next day with some sounds of your own to over power them. Or just step away, post to social media your spot is changing and take all the business with you... Karma will get them. Chances are if they are trying to take your spot they aren't very skilled and the crowd, and a lack of making money will result in them leaving a few days after taking your spot anyway... Stay close by so you can reestablish your spot.
If your spot is a special permission area, contact the person who gave you permission and have them deal with the other busker. No need to let it get dramatic. If the spot is first come first serve and no one has any real claim over it, then who ever got there first that day has claim over it. You can share.
A lot of problems with busking is, buskers don't consider each others needs and feelings. A lot of buskers do it to make a living and that is all they have. So they may not only feel offended but also threatened that you are stepping on their toes and their livelihood. So open communication is the key of dealing with these sorts of problems. Another key is the golden rule. Try and consider how you would feel if you had your toes stepped on by another busker. Try to think how it feels when you find a key spot that works well for you but some asshole thinks they should have it because they see you succeed but they haven't even established a skill set yet... Instead of getting mad talk to them, maybe they just don't know. It took busking for you to establish your skills, maybe that is all they are trying to do... If you work it out with people chances are there wont be any reason for the police to show up..
So another problem we face as buskers is drugs and alcohol. Hey we all have our vices, but if you are performing live in front of an audience, maybe don't be stinking drunk.. Maybe save the shots for after you are done for the day... Smoke (that's fine, step away and take a break) Medicate with MMJ that is OK too, step away and take a break.... Like flirting with women.... Also OK, but maybe consider saving that for the bars... Everything you do is reflecting not only on you, but on other buskers as well. You ogle women all day, they will start saying buskers are perverts... You show up stinking drunk and they will start talking about how buskers are alcoholics. Do drugs in front of people, well now we are all druggies... Consider these things when you are out in public. You can ruin the whole setup for everyone with your actions. Consider that.
Cops shouldn't be called unless there is danger.
Busking spots can be shared.
Spots are 1st come 1st serve. (Unless a busker has special permissions which they gained by jumping through certain hoops and red tape. Or if the spots are assigned via a lottery or permit.)
It is rude to crowd other buskers.
It is rude to perform a loud amplified pitch if near a busker that must use their voice to make their pitch.
Fighting among each other results in police being called and sometimes regulations to be created resulting in the loss of rights.
Buskers can be territorial.
: If you treat other buskers how you want to be treated chances are, you will never have problems.
Be aware of the areas you busk, try to find a spot of your own rather than take a spot others busk.
Buskers Learn To talk things out. Work them out with your words, not with violence or calling the police. Remember everything you do in the public eye is a reflection on all of us. Your attitude and behavior dictates your ability to make money. You can not make money busking if you are busy fighting with others. You are there because you want to be free, have fun and make money try and remember that. Above all try not to take things so seriously.
Sometimes we must look past our own egos to see the full picture. If you don't look at the others reasoning all you are going to see is your own hurt. If you STOP and LOOK AT THE BIGGER PICTURE, you can see why each person is offended and be able to work it out in a way that benefits one another. There are lots of ways to make peace. PEACE takes a lot of work, but it is a lot easier than war!
Why? 1 because Grandpa built that audience. Grandpa made that spot a space and it was literally grandpa's skills holding it together. Grandpa was pulling 25 an hour in the spot and you can't even pull 5 there. There are several reasons. 1 karma. believe it or not it applies to busking. You tried to move in on an established spot and expected the same results a seasoned busker was getting. 2 Grandpa has been there a while, he has a lot of return customers/ patrons. 3 Grandpa probably made peace with the businesses in the area and has a report with them. This gets more business his way because the businesses up talk him to their customers. 4 Grandpa has been at this for a while so chances are he knows a thing or two about advertising, and a web presence, which also helps patrons find him... He probably has social media and a good following as well. 5. The spot in question has been filled by Grandpa day by day, for years, and now here you come wanting to take it. His patrons wont be too keen on that. His friends also wont be too keen on that. A lot of passerby's that know him also wont be too happy about it. You just pissed off your audience, good job. 6. Chances are if Grandpa has an established spot, he earned it. More often than not, Grandpa went out and got special permission to occupy said spot. So expect a battle when you try and take his established spot.
When I go out and busk area's that are not in my set spot, I am well aware of others established spots and I make it a personal note to stay out of their spots. I can make any spot my own, I don't need to mess with the spaces others take up. Now that being said when it comes to my personal spot I get territorial, but I also jumped through a lot of hoops and red tape to establish my spot. I also spend a lot of time and money on advertising that I will be in said spot. I also know that if someone tries to take my spot I can set up right next to them and either the fumes from my paint, or the crowds I make will result in them leaving shortly after. I usually don't have to do much of anything to get competition to leave me be.
This, however, is not the case with all buskers.
Some musicians will set up next to a busker that has to pitch with their voice, and then blast music. Not even caring about how they are messing up the other buskers pitch/ ability to make money.
Some buskers will move into an already crowded area, and try and run off other buskers.
Buskers often will try and take other buskers established area, by rushing out hours before the busking times just to lay stake on a claim of a spot, then will waste the spot all day by drinking and socializing with people. They stake a claim so they can busk at 5 to 7 the prime time, meanwhile a productive busker would have been busking that spot the whole time they were there.
None of this is productive to the cause. It results in fighting and arguments, which leads to laws and regulations being created that puts further restrictions on our freedom of speech.
Often buskers will intimidate each other and threaten with physical violence or calling the police. Neither of these things are productive either. If you are fighting with another busker, that is two people losing out on money. You make yourself and the other person look bad and effectively ruin it for all the other buskers as well. This is what gives us a bad reputation.
If a busker offended you in some way, try and openly communicate with them first. Try to do it with respect even if you feel disrespected. Maybe they are blissfully unaware that they somehow offended you. If communication doesn't solve the problem, move on over, let them have the spot and engage in fierce competition with them. Perhaps when they see they haven't moved you or that you are making all the money they will leave. If they over power you with sound, come back the next day with some sounds of your own to over power them. Or just step away, post to social media your spot is changing and take all the business with you... Karma will get them. Chances are if they are trying to take your spot they aren't very skilled and the crowd, and a lack of making money will result in them leaving a few days after taking your spot anyway... Stay close by so you can reestablish your spot.
If your spot is a special permission area, contact the person who gave you permission and have them deal with the other busker. No need to let it get dramatic. If the spot is first come first serve and no one has any real claim over it, then who ever got there first that day has claim over it. You can share.
A lot of problems with busking is, buskers don't consider each others needs and feelings. A lot of buskers do it to make a living and that is all they have. So they may not only feel offended but also threatened that you are stepping on their toes and their livelihood. So open communication is the key of dealing with these sorts of problems. Another key is the golden rule. Try and consider how you would feel if you had your toes stepped on by another busker. Try to think how it feels when you find a key spot that works well for you but some asshole thinks they should have it because they see you succeed but they haven't even established a skill set yet... Instead of getting mad talk to them, maybe they just don't know. It took busking for you to establish your skills, maybe that is all they are trying to do... If you work it out with people chances are there wont be any reason for the police to show up..
So another problem we face as buskers is drugs and alcohol. Hey we all have our vices, but if you are performing live in front of an audience, maybe don't be stinking drunk.. Maybe save the shots for after you are done for the day... Smoke (that's fine, step away and take a break) Medicate with MMJ that is OK too, step away and take a break.... Like flirting with women.... Also OK, but maybe consider saving that for the bars... Everything you do is reflecting not only on you, but on other buskers as well. You ogle women all day, they will start saying buskers are perverts... You show up stinking drunk and they will start talking about how buskers are alcoholics. Do drugs in front of people, well now we are all druggies... Consider these things when you are out in public. You can ruin the whole setup for everyone with your actions. Consider that.
Cops shouldn't be called unless there is danger.
Busking spots can be shared.
Spots are 1st come 1st serve. (Unless a busker has special permissions which they gained by jumping through certain hoops and red tape. Or if the spots are assigned via a lottery or permit.)
It is rude to crowd other buskers.
It is rude to perform a loud amplified pitch if near a busker that must use their voice to make their pitch.
Fighting among each other results in police being called and sometimes regulations to be created resulting in the loss of rights.
Buskers can be territorial.
: If you treat other buskers how you want to be treated chances are, you will never have problems.
Be aware of the areas you busk, try to find a spot of your own rather than take a spot others busk.
Buskers Learn To talk things out. Work them out with your words, not with violence or calling the police. Remember everything you do in the public eye is a reflection on all of us. Your attitude and behavior dictates your ability to make money. You can not make money busking if you are busy fighting with others. You are there because you want to be free, have fun and make money try and remember that. Above all try not to take things so seriously.
Sometimes we must look past our own egos to see the full picture. If you don't look at the others reasoning all you are going to see is your own hurt. If you STOP and LOOK AT THE BIGGER PICTURE, you can see why each person is offended and be able to work it out in a way that benefits one another. There are lots of ways to make peace. PEACE takes a lot of work, but it is a lot easier than war!
Wednesday, July 31, 2019
Sunday, July 1, 2018
Police oath of office
Police have an oath of office that they have to abide by or they could lose their badge and be denied working in law enforcement for life if they are found guilty of violating their oath of office.
here is an example of oath of office as taken from, http://nixle.com/alert/4841716/
" I, ___________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means. I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."
Further more
5 U.S.C. 3331: states
here is an example of oath of office as taken from, http://nixle.com/alert/4841716/
" I, ___________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means. I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."
Further more
5 U.S.C. 3331: states
“An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services shall take the following oath: ‘I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God
http://foavc.org/01page/Articles/5%20U.S.C.%203331.htm
Even further it states in USC section 18 - 242 Deprivation of Rights Under Color of Law:
http://foavc.org/01page/Articles/5%20U.S.C.%203331.htm
Even further it states in USC section 18 - 242 Deprivation of Rights Under Color of Law:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)
taken from,
https://www.law.cornell.edu/uscode/text/18/242
If you aren't committing a crime and a cop bothers you, you have reason and right to be angry and disrespectful. 1 they are wasting their time and energy to violate your rights, 2 they are wasting tax payers money to violate rights, 3 they are breaking the law and violating their own code of conduct, respect is earned not forced upon you. Just be sure that you remain controlled and do not physically resist arrest if a cop detains you. A resisting arrest charge could change the outcome of your court case should you challenge the citation, arrest, or municipal code.
taken from,
https://www.law.cornell.edu/uscode/text/18/242
If you aren't committing a crime and a cop bothers you, you have reason and right to be angry and disrespectful. 1 they are wasting their time and energy to violate your rights, 2 they are wasting tax payers money to violate rights, 3 they are breaking the law and violating their own code of conduct, respect is earned not forced upon you. Just be sure that you remain controlled and do not physically resist arrest if a cop detains you. A resisting arrest charge could change the outcome of your court case should you challenge the citation, arrest, or municipal code.
Thursday, March 1, 2018
Buskers Rights Q and A
Please keep coming back to this Q&A I will be adding court cases that have legal answers to each question to make this more educational.
Q: What is a busker?
A: To put it simply a busker is any artist or entertainer who performs in the public forum. It comes from the Spanish word buscar which means to search.
To entertain by dancing, singing, or reciting on the street or in a public place.
http://www.dictionary.com/browse/busk?s=t
you can learn more about busking at https://en.wikipedia.org/wiki/Street_performance
Q: What laws protect street performers?
A: The 1st amendment: ( Religion and Expression. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.)
The 4th amendment: (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.)
The 14th Amendment: (Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.)
City and state laws do not supersede the constitutional protections, but some city and state laws will add extra protection for free speech.
You can learn more by visiting the Wikipedia page on US Busking Laws.
https://en.wikipedia.org/wiki/Busking_(U.S._case_law)
Q: Do these amendments cover selling products I've made?
A: It depends on the products that you have made., some jewelry and hand crafts are still in what is called a grey area. But lets say you are a guitarist and you have CD's of your original music. you can legally sell that. But if you are selling a CD of covers you wouldn't be protected. Lets say you are selling your own art work, and print copies of your art. you are protected, but selling art of someone else you know, you aren't protected. if you want to sell t shirts you have to have some sort of political or religious message, or it has to be your own art work on the t shirts. tourist items though, for example, San Diego, California T shirts, would not be protected. Balloon animals, palm art, your own photography would be protected. There is a long list of things that are expressive and protected. The best rule of example to follow is ask yourself is this self expression? If it is then chances are it is protected.
A good case to get the details from concerning this is Sparks Vs White:
http://caselaw.findlaw.com/us-9th-circuit/1300114.html
Another good case to review is Perry V the City of Los Angeles http://caselaw.findlaw.com/us-9th-circuit/1246214.html
Also one more to review concerning the right to sell expressive materials is Hunt v the City of Los Angeles http://cdn.ca9.uscourts.gov/datastore/opinions/2011/03/22/09-55750.pdf
Q: Is it legal to put out a tip jar and a sign asking for tips?
A: Yes, and it is also legal to put prices on your art or music or anything else expressive you are selling.
Q: Is it ok to demand payment for pictures?
A: If you are selling photos yes. If the public is taking photos of you or your performance then no. If you are in the public eye than someone of the public may take a photo of you or your work without paying you or asking your permission so long as they aren't selling said photo. The reason this is, photographers have first amendment rights too, and you are in the public eye.
Q: If you assemble something vs. creating something is that still speech?
A: If you buy a kit to make a artistic thing, chances are its mass produced and is not protected. If you create a thing from scratch you are definitely protected if the thing created is artistic in nature. Some jewelry is protected while some is not. Some items are also protected if you add a message of expressive or religious nature. For example, a man who sold Shea butter won a case just because he had a religious logo on the butter. So it really depends on if it is expressive or not.
Q: How long can I be set up in one location before I'm considered to be "loitering"?
A: It all depends on the location. some locations require performers to move every 4 hours, where as others allow you to be there as long as you have a captive audience.
Q: How much public space can I take up before I need a permit?
A: It depends on the area busking. Usually for small sidewalks its about 4x4 for larger areas like the board walk 6x6 or 8x8 some even have 10x10 areas you can take up space in. It all depends on how much area you have to work with. a 4 foot side walk for example you would want to take up as little space as possible so that you do not block the flow of traffic.
Q: Am I allowed to use an amplifier?
A: in most cases yes, but it is wise to observe noise ordinances in an area.
Q: How loud can my setup be?
A: With sound there are city ordinances part of the time/space/manner restrictions that usually cover the level of sound you can produce. the general consensus usually is about 100 decibels or less. Though it is usually recommended not to go over 90 decibels.
Q: At what distance is this measured?
A: It varies from city to city, but generally 3 to 6 foot in distanceQ:Time space and manner how does it apply? why?
A: The reasons are outlined here:
Despite the broad First Amendment protection accorded expressive activity in public parks, “certain restrictions on speech in the public parks are valid. Specifically, a municipality may issue reasonable regulations governing the time, place or manner of speech.” Grossman, 33 F.3d at 1205; see also Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984). To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be “narrowly tailored to serve a significant governmental interest”; and (3) it must “leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Clark, 468 U.S. at 293, 104 S.Ct. 3065).
http://caselaw.findlaw.com/us-9th-circuit/1042427.html
Q: How is busking different from panhandling?
Q: How does having street performers in an area reduce crime and thuggery?
Q: Regarding hand-made goods, is there any legal difference between having your goods on a table instead of on the ground?
A: The only difference is if you are blocking the right of way with the table, if there is ample room for passerby's there really is no difference. The main thing with hand made goods is "is it expressive or is it utilitarian?" If it is purely utilitarian it is not protected, but if it is purely expressive it is protected. somethings fall somewhere in the middle of utilitarian, for example a bowl is utilitarian, but a hand painted bowl is expressive.
Other questions and answers coming soon
Q: What is a busker?
A: To put it simply a busker is any artist or entertainer who performs in the public forum. It comes from the Spanish word buscar which means to search.
To entertain by dancing, singing, or reciting on the street or in a public place.
http://www.dictionary.com/browse/busk?s=t
you can learn more about busking at https://en.wikipedia.org/wiki/Street_performance
Q: What laws protect street performers?
A: The 1st amendment: ( Religion and Expression. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.)
The 4th amendment: (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.)
The 14th Amendment: (Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.)
City and state laws do not supersede the constitutional protections, but some city and state laws will add extra protection for free speech.
You can learn more by visiting the Wikipedia page on US Busking Laws.
https://en.wikipedia.org/wiki/Busking_(U.S._case_law)
Q: Do these amendments cover selling products I've made?
A: It depends on the products that you have made., some jewelry and hand crafts are still in what is called a grey area. But lets say you are a guitarist and you have CD's of your original music. you can legally sell that. But if you are selling a CD of covers you wouldn't be protected. Lets say you are selling your own art work, and print copies of your art. you are protected, but selling art of someone else you know, you aren't protected. if you want to sell t shirts you have to have some sort of political or religious message, or it has to be your own art work on the t shirts. tourist items though, for example, San Diego, California T shirts, would not be protected. Balloon animals, palm art, your own photography would be protected. There is a long list of things that are expressive and protected. The best rule of example to follow is ask yourself is this self expression? If it is then chances are it is protected.
A good case to get the details from concerning this is Sparks Vs White:
http://caselaw.findlaw.com/us-9th-circuit/1300114.html
Another good case to review is Perry V the City of Los Angeles http://caselaw.findlaw.com/us-9th-circuit/1246214.html
Also one more to review concerning the right to sell expressive materials is Hunt v the City of Los Angeles http://cdn.ca9.uscourts.gov/datastore/opinions/2011/03/22/09-55750.pdf
Q: Is it legal to put out a tip jar and a sign asking for tips?
A: Yes, and it is also legal to put prices on your art or music or anything else expressive you are selling.
Q: Is it ok to demand payment for pictures?
A: If you are selling photos yes. If the public is taking photos of you or your performance then no. If you are in the public eye than someone of the public may take a photo of you or your work without paying you or asking your permission so long as they aren't selling said photo. The reason this is, photographers have first amendment rights too, and you are in the public eye.
Q: If you assemble something vs. creating something is that still speech?
A: If you buy a kit to make a artistic thing, chances are its mass produced and is not protected. If you create a thing from scratch you are definitely protected if the thing created is artistic in nature. Some jewelry is protected while some is not. Some items are also protected if you add a message of expressive or religious nature. For example, a man who sold Shea butter won a case just because he had a religious logo on the butter. So it really depends on if it is expressive or not.
Q: How long can I be set up in one location before I'm considered to be "loitering"?
A: It all depends on the location. some locations require performers to move every 4 hours, where as others allow you to be there as long as you have a captive audience.
Q: How much public space can I take up before I need a permit?
A: It depends on the area busking. Usually for small sidewalks its about 4x4 for larger areas like the board walk 6x6 or 8x8 some even have 10x10 areas you can take up space in. It all depends on how much area you have to work with. a 4 foot side walk for example you would want to take up as little space as possible so that you do not block the flow of traffic.
Q: Am I allowed to use an amplifier?
A: in most cases yes, but it is wise to observe noise ordinances in an area.
Q: How loud can my setup be?
A: With sound there are city ordinances part of the time/space/manner restrictions that usually cover the level of sound you can produce. the general consensus usually is about 100 decibels or less. Though it is usually recommended not to go over 90 decibels.
Q: At what distance is this measured?
A: It varies from city to city, but generally 3 to 6 foot in distanceQ:Time space and manner how does it apply? why?
A: The reasons are outlined here:
Despite the broad First Amendment protection accorded expressive activity in public parks, “certain restrictions on speech in the public parks are valid. Specifically, a municipality may issue reasonable regulations governing the time, place or manner of speech.” Grossman, 33 F.3d at 1205; see also Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984). To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be “narrowly tailored to serve a significant governmental interest”; and (3) it must “leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Clark, 468 U.S. at 293, 104 S.Ct. 3065).
http://caselaw.findlaw.com/us-9th-circuit/1042427.html
Q: Where are you permitted to set up?
A: Anywhere free speech is allowed, and you aren't blocking the flow of traffic on sidewalks, or door ways. Parks, beaches, sidewalks, any space that is public and is not charging a fee for the public to enter. Furthermore any private space that you have gained permission from the owner or venue.
there are some exceptions to this rule. For example in California, malls are considered public, per the state constitution - which was upheld in the supreme court.Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980)
there are some exceptions to this rule. For example in California, malls are considered public, per the state constitution - which was upheld in the supreme court.Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980)
under the California Constitution, individuals may peacefully exercise their right to free speech in parts of private shopping centers regularly held open to the public, subject to reasonable regulations adopted by the shopping centers
under the U.S. Constitution, states can provide their citizens with broader rights in their constitutions than under the federal Constitution, so long as those rights do not infringe on any federal constitutional rights
under the U.S. Constitution, states can provide their citizens with broader rights in their constitutions than under the federal Constitution, so long as those rights do not infringe on any federal constitutional rights
Q: At what point do others have the right to say I'm a public nuisance?
A: If you are violating laws, endangering someone, starting a fight or doing drugs and drinking while performing. If you violate certain noise ordinances or block foot traffic.
Q: Is there a right way to get the Police to leave you alone?
Q: Is there a right way to get the Police to leave you alone?
A: Assert your rights. Explain how a violation of your first amendment rights is federally illegal. Explain that a violation of rights is also a violation of their sworn oath of office and that they can be barred from ever working in law enforcement again as well as dragged into a lengthy lawsuit. If non of this works, file a complaint against said officer through the citizens review of police, and through internal affairs. If there is not a proper channel to file a complaint report that police department to the Department of Justice. If all else fails sue the police.
Q: How do you make a living?
A: If busking full time, you have to work everyday. Often working far more than you would at a full time job. I wouldn't recommend it to anyone who needs steady pay. Realistically you have to have multiple avenues to earn money. If living off tips alone you are going to have a hard time. Always try to find extra things to help you earn money. If you are a musician sell CD's of your music, stickers, posters buttons and t shirts. If you are a dancer maybe make a how to DVD and teach dance tips. Record your performances and start a YouTube channel so you can earn ad-sense if your video goes viral. Sell your creative works online. Be sure to carry cards with you so that you can get gigs. Make yourself available for special events, parties, weddings and anything else you can charge by the hour or performance to be there. If nothing else works, it might be time to consider working a real job part time at the very least. If you already have a day job, don't quit it to busk full time unless you are earning double your day job and only if those earnings are consistent.
Q: Can I set up inside a federal building, say the VA hospital? How about right outside?
A: That is a private area, but if you are on the sidewalk outside you should have some protection. Though the federal cops might push you out, you could have a lawsuit on your hands if they do.
Q: If someone complains about you to the cops, will the cops always side with the complainer & shut you down?
A: It depends if they have a valid legal complaint. Generally if you prove you have a legal leg to stand on with the cops you can argue with them that a complaint does not mean you are committing a crime, and that by law the cops can't engage you unless they suspect you of committing a crime. or it would be a violation of your 4th amendment rights. But lets say they complain about you dealing drugs and you are. cops will probably arrest you.
Q: As a foreigner do I need a work visa?
A: -under US law, "employment" includes getting anything of value for work. That mean that performing in exchange for food and/or lodging would also be illegal. Busking would also be illegal. And, not only that, but many cities require permits for busking.
As you are not a citizen you are not protected by our constitution.
Although I have known buskers come from other countries and busk just fine without any problems. My suggestion is to ask where the busker friendly areas are and busk where you wont get bothered. If you get stopped by police, just pack your things and move along.
You can learn more about this here http://www.visapro.com/resources/article/us-visa-for-artists-and-entertainers/
A: -under US law, "employment" includes getting anything of value for work. That mean that performing in exchange for food and/or lodging would also be illegal. Busking would also be illegal. And, not only that, but many cities require permits for busking.
As you are not a citizen you are not protected by our constitution.
Although I have known buskers come from other countries and busk just fine without any problems. My suggestion is to ask where the busker friendly areas are and busk where you wont get bothered. If you get stopped by police, just pack your things and move along.
You can learn more about this here http://www.visapro.com/resources/article/us-visa-for-artists-and-entertainers/
Q: How is busking different from panhandling?
A: busking and panhandling are different by one small factor, one is begging for money, the other is performing a skill or a talent for tips or sales of merchandise that is related to those skills or performances. Panhandling is the use of a sign or voice to harass or ask passerby's for money without offering anything of quality in return. The only thing the two have in common is that they are both protected by the first amendment of the US Constitution.
Q: How does having street performers in an area reduce crime and thuggery?
A Street performers are extra eyes on the area. Sometimes they will help law enforcement identify criminals involved in serious crimes. They can also help stop fights, entertain the public to keep them occupied, and create an atmosphere that is family oriented. They also take up spaces that vagrants would otherwise occupy.
Q: Regarding hand-made goods, is there any legal difference between having your goods on a table instead of on the ground?
A: The only difference is if you are blocking the right of way with the table, if there is ample room for passerby's there really is no difference. The main thing with hand made goods is "is it expressive or is it utilitarian?" If it is purely utilitarian it is not protected, but if it is purely expressive it is protected. somethings fall somewhere in the middle of utilitarian, for example a bowl is utilitarian, but a hand painted bowl is expressive.
Other questions and answers coming soon
How does busking affect a community?
How does local regulations affect buskers and others?
What are the differences in the way buskers are treated?
Is there a racial component to how buskers are treated?
Is there a sexual component to how buskers are treated?
When is it noise and not expressive?
What forms of busking are constitutionally protected?
What reasons could those protections be legally restricted?
What miscatagorazations are applied to buskers when cities create laws or when police enforce them?
Where is busking illegal?
"how well do you sustain yourself on the income you make busking",
"what proportion of your income comes from busking",
"what would you be doing if you couldn't busk?".
Does busking affect the sales of local shops/cafés
What is the difference between pre-busking income and post-busking income?
What other avenues for income within their artistic field do beginning/amateur/indie/etc artists have?
How much income do buskers generate from gigs they got from street interactions?
• How many buskers work often in your city?
• Are reviews of buskers in your city positive or negative on sites like TripAdvisor?
• How many buskers work often in your city?
• Are reviews of buskers in your city positive or negative on sites like TripAdvisor?
Are people more likely to return to an area they've seen a good busker in?
• Are people more likely to visit an area because they've been told the street performers are good?
• Have they ever gone to a place looking for a street performer?
• Are people more likely to visit an area because they've been told the street performers are good?
• Have they ever gone to a place looking for a street performer?
How much wood would a busker busk if a busker could busk wood?
do buskers pay taxes? is there a way to figure out their income so they can pay taxes
do buskers pay taxes? is there a way to figure out their income so they can pay taxes
Wednesday, September 27, 2017
Don 't Give up 10 steps to defending your rights
Fighting for your rights as an Artist or Busker means that you can not give up when pushed.
There are steps that must be taken to assert your expressive rights and insure that you are granted your full protections.
The US Constitution Protects certain inalienable rights, and of those rights article #1 is freedom of speech/expression. The very first one says that not even the highest of law makers, (congress) shall pass a law that denies anyone of their first amendment rights. The exact words are as follows.
There are steps that must be taken to assert your expressive rights and insure that you are granted your full protections.
The US Constitution Protects certain inalienable rights, and of those rights article #1 is freedom of speech/expression. The very first one says that not even the highest of law makers, (congress) shall pass a law that denies anyone of their first amendment rights. The exact words are as follows.
"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
According to Cornell Law School
"The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government. "
You can learn more about the first amendment from the Cornell law school web site here:
as well as the first amendment
an artist or a busker is also protected by the 14th amendment of the US constitution which reads,
"Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
This clearly mentions that, "no state shall enforce any law which shall abridge the privileges or immunities of a citizen of the United States."
this basically means that no one can make a law that goes against your rights.
So soliciting laws for example would be against your rights as an artist who is protected to sell their art.
This is key into knowing how to fight for your rights.
this basically means that no one can make a law that goes against your rights.
So soliciting laws for example would be against your rights as an artist who is protected to sell their art.
This is key into knowing how to fight for your rights.
If you do not fight for your rights as an artist or a busker, and you want to give up at the first sign of trouble, then you might as well give up your passion!
If you want to continue your passion, then you must prepare to fight for your rights, you must follow the steps and you must go as far as you possibly can to defend your rights. If you make it all the way to the supreme court and lose your case, then and only then can you say you failed. Then and only then can you give up.
Till then you have steps to take. the supreme is the end all step you can go to defend your first amendment rights. Most of you will never have to go that far.. Most of you if you learn your rights will be able to win in the first couple of steps, and never even have to see the inside of a court room. Some of you will get tickets, and will have to fight them in court. Some of you may actually have cases a lawyer will take and you'll have to go to court to see those cases through, which will result in money for you.
The steps are simple.
If you want to continue your passion, then you must prepare to fight for your rights, you must follow the steps and you must go as far as you possibly can to defend your rights. If you make it all the way to the supreme court and lose your case, then and only then can you say you failed. Then and only then can you give up.
Till then you have steps to take. the supreme is the end all step you can go to defend your first amendment rights. Most of you will never have to go that far.. Most of you if you learn your rights will be able to win in the first couple of steps, and never even have to see the inside of a court room. Some of you will get tickets, and will have to fight them in court. Some of you may actually have cases a lawyer will take and you'll have to go to court to see those cases through, which will result in money for you.
The steps are simple.
1. Go out and perform your skills in the public spaces. Be mindful that you are not blocking traffic or doing anything illegal.. (can't perform dangerous acts without permits and insurance for example) (don't be drunk or on drugs as another example) If the police come toward you, prepare your phone to record, (live feed if possible) and start recording the encounter.....
2. If the police harras you record the encounter and assert your rights, explain why you have rights and where they can go to educate themselves on the matter. Give them court cases that they can read, such as Sparks vs White (if you are an artist) or Magic Mike vs Chicago( for buskers) There is a list of court cases in an earlier blog post where you can learn cases to use to your advantage. Explain you are expressing your first amendment rights and that any action against that would be a violation of the law and their oath of office. Do not resist arrest or assault an officer at any time or any chance of winning your case will be lost right then and there.
3. If they persist, ask for a ticket. if you back down you give up your rights, Don't give up. When you get the ticket, file a report with the local citizens review of police, explain the facts, give them the court cases explaining your rights. Explain how you were observing and expressing your first amendment rights and what you do. Explain the police encounter and how it went. give them your citation number, explain that a violation of your rights could lead to a law suit, if they don't get the ticket dismissed.
4. Step 4 is just like step 3 except instead of writting the citizens review board of police, you are going to do it all over again through the police website and internal affairs. You will file a complaint to internal affairs. If you can not write to an email address there will be a complaint form you can fill out on your local police website, or you can call and talk to an IA officer by phone or file a report in person... remember to, "explain the facts, give them the court cases explaining your rights. Explain how you were observing and expressing your first amendment rights and what you do. Explain the police encounter and how it went. give them your citation number, explain that a violation of your rights could lead to a law suit, if they don't get the ticket dismissed. Be sure to also mention how a violation of your constitutional rights is also a violation of oath of office and if the ticket is not dropped you will file a case against the officer for violation of oath of office.
3. If they persist, ask for a ticket. if you back down you give up your rights, Don't give up. When you get the ticket, file a report with the local citizens review of police, explain the facts, give them the court cases explaining your rights. Explain how you were observing and expressing your first amendment rights and what you do. Explain the police encounter and how it went. give them your citation number, explain that a violation of your rights could lead to a law suit, if they don't get the ticket dismissed.
4. Step 4 is just like step 3 except instead of writting the citizens review board of police, you are going to do it all over again through the police website and internal affairs. You will file a complaint to internal affairs. If you can not write to an email address there will be a complaint form you can fill out on your local police website, or you can call and talk to an IA officer by phone or file a report in person... remember to, "explain the facts, give them the court cases explaining your rights. Explain how you were observing and expressing your first amendment rights and what you do. Explain the police encounter and how it went. give them your citation number, explain that a violation of your rights could lead to a law suit, if they don't get the ticket dismissed. Be sure to also mention how a violation of your constitutional rights is also a violation of oath of office and if the ticket is not dropped you will file a case against the officer for violation of oath of office.
5. call several lawyers (civil rights) call the ACLU, call legal aid... It may take several attempts to find someone who can help you, but since this is a rights violation chances are you can get pro-bono help with this...
Also call and report this to the media... give them all your information, including the court cases provided in the artists and buskers rights blog. The media can sometimes be helpful in these cases and could lead to a good lawyer.
Also call and report this to the media... give them all your information, including the court cases provided in the artists and buskers rights blog. The media can sometimes be helpful in these cases and could lead to a good lawyer.
6. use the information in the blog posts on https://artistandbuskerrights.blogspot.com/ learn all you can and prepare yourself for your case.. find out what the citation is for and learn about the city code that you are being cited for...
you may have to go to the city web site and do a search for municipal code... then enter the code given...
you may have to go to the city web site and do a search for municipal code... then enter the code given...
research what is written, sometimes it maybe so vague that it can be dropped on vagueness alone... often it has first amendment clauses in it... so you can point to those and use your first amendment protections and prove your case with the code they tried to use against you.. for example, ( soliciting, might say. " sales prohibited on the sidewalk with exceptions (a) first amendment sales ok)
either way research is key to winning your case. The more you learn about your citation the better you will be at building a case for yourself.
either way research is key to winning your case. The more you learn about your citation the better you will be at building a case for yourself.
7. Go to court. If it is an infraction you will have to defend yourself... if it is a misdemeanor or more you may have a court appointed attorney.. doing the research for yourself either way will be helpful.. if you provide the court appointed attorney with all the court cases in the blog post he/she will be better able to defend you.. Chances are they do not already know this information so by learning it yourself, and passing the information along you will be helping to educate the public defenders office in your area to help you and any other artist and busker who gets into similar trouble. You might also have acquired a lawyer on your own due to the nature of the case (civil rights issue.) In which case you probably don't need to research more because that lawyer will most likely be confident enough to handle it... Then again you want to win right? Make sure you pass on this knowledge to any attorney you are talking to, they might not be aware of the current situation. So anything you can do to make their job easier will only help you in the long run. Plus the more you learn of this stuff the more empowered you are in defending yourself and your first amendment rights. If you want to do your art in the public what ever form it is, you need to know how to do this stuff. DON'T GIVE UP!
8. Somehow you lost in court. If it was an infraction, appeal, take it to the next court up. Ask for a Jury Trial. If you can not afford the fees and a lawyer, file for financial hardship, and they will give you a public defender. Give the public defender all the information you have given to defend yourself, if you did the correct research, the public defender should get the case dismissed before it ever hits an actual trial.. He/she can file a motion to dismiss based on your constitutional protections. If the case does not get dismissed be prepared to go to trial, in which a jury will hear the case.. chances are they will decide in your favor or dismiss the case... If you lose though you can file an appeal...
9. You once again lost... you must not have been doing the research or your did something wrong that has nothing to do with busking, or your lawyer is not very good... either way you should file an appeal and take it to the next court up.. this will be the district court... you will need a lawyer to take it to this step, though in some states you can defend yourself. This will cost money unless you get a lawyer pro-bono, though you might be able to get financial hardship with this as well... I am not certain... consult a lawyer to know for sure. If you want to bail before it goes this far I can understand.. You put in a valiant effort, lick your wounds and go about your life. If you are a fighter keep going, now you are in law suit territory, anything this cost you, you can sue the city for. If somehow you lose in district court you have a final court you can go to...
10: Supreme court: this is the last line of defense, if you get this far you have to win.. you better have a good lawyer, you better know your stuff, you better have followed all the steps, have video evidence of your police encounter. know everything there is to know about your rights, busking and how the law applies to these things. Have all the evidence in your favor and have not committed any actually crimes while expressing your rights. If you made it this far, you are probably suing the city, and the supreme court is deciding if they are going to give you money or not. Either way you went as far as you can to express your rights, and you used them to the fullest extent of the law.. You should be proud... Win or lose you stood up for your rights, you did the right thing. Kudos to you.
Thursday, September 21, 2017
Video collection of police harassment of artists and buskers
This is only a collection of the videos I have.. If you have a video of you busking or creating art and having been harassed by an LEO, please email me at merlinawakend@yahoo.com and I will add your video to this blog post.
Ocean beach in 2009 https://www.youtube.com/watch?v=wU8U3hk6Z6g&t=4s
From san Diego harbor in 2011 https://www.youtube.com/watch?v=07P3Btjg-C8&t=1s
Here is video from the port meeting in 2011/2012 about amending their port code
https://www.youtube.com/watch?v=JBKpchhyplc
More selective enforcement by harbor police in 2012 https://www.youtube.com/watch?v=3H3Vnyg5BDs
Another ticket for busking in the harbor of san diego in 2012
https://www.youtube.com/watch?v=yoifZzMX_lY&t=1s
And yet more selective harassment in the harbor of San Diego
https://www.youtube.com/watch?v=hbZyLyT5-98
What the fans think of the art
https://www.youtube.com/watch?v=vvQ1W3Mnv9I and https://www.youtube.com/watch?v=Sh3Nk2Bd9CU
Harrasment at ocean beach street fair 2013 ,
Part 1 https://www.youtube.com/watch?v=OaT89aZk_64
Part 2 https://www.youtube.com/watch?v=Umm58thluAQ&t=1s
This is from ocean beach street fair 2014… where officers again violate my rights.. This also is the 3rd encounter I have had with officer mondesir! https://www.youtube.com/watch?v=t_aofwo4xvU&t=2s
Police encounter in old town at the Cinco De Mayo Fest
Earlier I mentioned a ticket I got at mission beach were the Judge helped the officer win leading me to believe it was not a fair trial. In this video you can see how selective enforcement is because they cite me, but ignore the other street performer “The San Diego Silverman
https://www.youtube.com/watch?v=t_aofwo4xvU&t=2s
Next is video of Silverman performing in the harbor when private security tries to force him to leave.
https://www.youtube.com/watch?v=oR4V4PhiVf4
Next is video from San Diego Comic Con 2016 were after much deliberation police decided that it is well within our rights to display and sell my art
Part 1 https://www.youtube.com/watch?v=rDtnxq-5iUw
Part 2 https://www.youtube.com/watch?v=8IDgWpDtP4g&t=3s
At the same event city code enforcement wouldn’t hear anything about constitutional protections, and they cited my friend for selling my art even though, we had plenty of evidence of our constitutional rights and protections.
Part 1 https://www.youtube.com/watch?v=5WyQcFyRFWE&t=517s
part 2 https://www.youtube.com/watch?v=y3tzODCNif0&t=75s
This eventually lead to Dashiel MacTavish (The San Diego Silverman) Receiving a $1500 dollar ticket (for encroachment, sidewalk display, and soliciting), from city code enforcement, which when appealed they sent us to some administrative hearing that was clearly a violation of Due Process Constitutional protections.. They found Dashiel guilty all because of a picture of him opening my umbrella so he could sit in the shade on a hot july day! We are currently appealing this case.
These last videos are from adams avenue street fair 2016
In these videos the officer tells me I have every right to be display and perform on the public sidewalk. Officer Mondesir continually lies on this video saying he can tell my fumes are going a certain direction though we can clearly prove in the video alone that the wind was not blowing in the direction he is claiming. He mentions the problem is my spray paint, but instead of citing me for a code violation concerning spray paint he pulls interfering with a street fair as his code violation.. (update) I went to court for this, and the case was dismissed. The lawyer said that the prosecution filed a motion to dismiss. My lawyer was about to do the same thing under the code being unconstitutionally vague. Either way the case was dismissed.
Part 1 https://www.youtube.com/watch?v=W2qg79U4d54&t=10s
Part 2https://www.youtube.com/watch?v=wed3Mev3x-U
Part 3 https://www.youtube.com/watch?v=gzTiXCjQBPc
Part 4 https://www.youtube.com/watch?v=hRnDXf4rohw&t=636s
Police harassment of artists and or buskers.
Ocean beach in 2009 https://www.youtube.com/watch?v=wU8U3hk6Z6g&t=4s
From san Diego harbor in 2011 https://www.youtube.com/watch?v=07P3Btjg-C8&t=1s
Here is video from the port meeting in 2011/2012 about amending their port code
https://www.youtube.com/watch?v=JBKpchhyplc
More selective enforcement by harbor police in 2012 https://www.youtube.com/watch?v=3H3Vnyg5BDs
Another ticket for busking in the harbor of san diego in 2012
https://www.youtube.com/watch?v=yoifZzMX_lY&t=1s
And yet more selective harassment in the harbor of San Diego
https://www.youtube.com/watch?v=hbZyLyT5-98
What the fans think of the art
https://www.youtube.com/watch?v=vvQ1W3Mnv9I and https://www.youtube.com/watch?v=Sh3Nk2Bd9CU
Harrasment at ocean beach street fair 2013 ,
Part 1 https://www.youtube.com/watch?v=OaT89aZk_64
Part 2 https://www.youtube.com/watch?v=Umm58thluAQ&t=1s
This is from ocean beach street fair 2014… where officers again violate my rights.. This also is the 3rd encounter I have had with officer mondesir! https://www.youtube.com/watch?v=t_aofwo4xvU&t=2s
Police encounter in old town at the Cinco De Mayo Fest
Earlier I mentioned a ticket I got at mission beach were the Judge helped the officer win leading me to believe it was not a fair trial. In this video you can see how selective enforcement is because they cite me, but ignore the other street performer “The San Diego Silverman
https://www.youtube.com/watch?v=t_aofwo4xvU&t=2s
Next is video of Silverman performing in the harbor when private security tries to force him to leave.
https://www.youtube.com/watch?v=oR4V4PhiVf4
Next is video from San Diego Comic Con 2016 were after much deliberation police decided that it is well within our rights to display and sell my art
Part 1 https://www.youtube.com/watch?v=rDtnxq-5iUw
Part 2 https://www.youtube.com/watch?v=8IDgWpDtP4g&t=3s
At the same event city code enforcement wouldn’t hear anything about constitutional protections, and they cited my friend for selling my art even though, we had plenty of evidence of our constitutional rights and protections.
Part 1 https://www.youtube.com/watch?v=5WyQcFyRFWE&t=517s
part 2 https://www.youtube.com/watch?v=y3tzODCNif0&t=75s
This eventually lead to Dashiel MacTavish (The San Diego Silverman) Receiving a $1500 dollar ticket (for encroachment, sidewalk display, and soliciting), from city code enforcement, which when appealed they sent us to some administrative hearing that was clearly a violation of Due Process Constitutional protections.. They found Dashiel guilty all because of a picture of him opening my umbrella so he could sit in the shade on a hot july day! We are currently appealing this case.
These last videos are from adams avenue street fair 2016
In these videos the officer tells me I have every right to be display and perform on the public sidewalk. Officer Mondesir continually lies on this video saying he can tell my fumes are going a certain direction though we can clearly prove in the video alone that the wind was not blowing in the direction he is claiming. He mentions the problem is my spray paint, but instead of citing me for a code violation concerning spray paint he pulls interfering with a street fair as his code violation.. (update) I went to court for this, and the case was dismissed. The lawyer said that the prosecution filed a motion to dismiss. My lawyer was about to do the same thing under the code being unconstitutionally vague. Either way the case was dismissed.
Part 1 https://www.youtube.com/watch?v=W2qg79U4d54&t=10s
Part 2https://www.youtube.com/watch?v=wed3Mev3x-U
Part 3 https://www.youtube.com/watch?v=gzTiXCjQBPc
Part 4 https://www.youtube.com/watch?v=hRnDXf4rohw&t=636s
Police harrasment at san diego comic con
https://www.youtube.com/watch?v=QXLNbrm5CiI&t=12s
Police ask silverman to leave the pacific island festival
part 1`
https://www.facebook.com/william.j.dorsett/videos/10155285647759965/
part 2
https://www.facebook.com/william.j.dorsett/videos/10155285669089965/
Adams avenue street fair 2017 Sargent Mondesir, once again tells me that I am not allowed to spray paint at the Adams avenue street fair. He threatens to cite me the next day if i show up with the spray paint.... I complied,,, though in video two, the next day he still makes contact and harasses me.
video one https://www.youtube.com/watch?v=k1rx2GK-hdU&t=19s
video twohttps://www.youtube.com/watch?v=HGgmmATb3Sk&t=152s
Police ask silverman to leave the pacific island festival
part 1`
https://www.facebook.com/william.j.dorsett/videos/10155285647759965/
part 2
https://www.facebook.com/william.j.dorsett/videos/10155285669089965/
Adams avenue street fair 2017 Sargent Mondesir, once again tells me that I am not allowed to spray paint at the Adams avenue street fair. He threatens to cite me the next day if i show up with the spray paint.... I complied,,, though in video two, the next day he still makes contact and harasses me.
video one https://www.youtube.com/watch?v=k1rx2GK-hdU&t=19s
video twohttps://www.youtube.com/watch?v=HGgmmATb3Sk&t=152s
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