Monday, May 8, 2017, a street musician was told by an unidentified male individual; driving a city of Panama City Beach, Florida, white pick-up truck, to remove himself from the front (street side) of the Rest Room building on Front Beach Road at Pier Park
The individual said that it was considered “loitering”
The individual said a “complaint” had been received, but did NOT state what kind
The individual alleged that the musician had “collected” funds, though the musician did NOT request that people freely leave of their own will, funds
The individual suggested that as an “alternative” the musician could find an empty place on the beach, set up a chair, and play his instrument
Alternatively, the individual suggested that the musician could check about playing his instrument at any of the business establishments
The musician was NOT using an amplification speaker
The individual did NOT advise the musician if a “complaint” had been received about the amplified music being played by musicians on the patio at Margaritaville; which can be heard across Front Beach Road on the beachside
The individual also did NOT advise the musician if a “complaint” had been received about the amplified music being played by musicians at Tootsies; which can be heard outside the establishment
Nor did the individual advise the musician if a “complaint” had been received about the amplified music being played through the sound system outside Dave and Buster’s
Additionally, the individual did NOT advise the musician if a “complaint” had been received about the amplified music being played through the sound system throughout Pier Park
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… PUBLIC PERFORMANCE of … MUSIC is CLEARLY WITHIN the SCOPE of PROTECTED FIRST AMENDMENT EXPRESSION
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“… public performance of … music is clearly within the scope of protected First Amendment expression”
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Goldstein v. Town of Nantucket
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477 F. Supp. 606 (at 608)
(D. Mass. 1979)
Civ. A. No. 79-1455-Z
September 25, 1979
U.S. District Court, Massachusetts
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http://law.justia.com/cases/federal/district-courts/FSupp/477/606/1418488/
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parks
plazas
sidewalks
walkways
central business district
public property
performances
sidewalk performances
city permits
permit scheme
sidewalk ban
reasonable time restriction
reasonable place restriction
reasonable manner restriction
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Davenport v. City of Alexandria, Virginia
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748 F2d 208
No. 83-2222
November 6, 1984
United States Court of Appeals, Fourth Circuit
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http://m.openjurist.org/748/f2d/208/davenport-v-city-of-alexandria-virginia
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710 F.2d 148
(4th Cir. 1983)
No. 81-709-A (E.D. Va. Nov. 16 1983)
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http://m.openjurist.org/710/f2d/148
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683 F2d 853
(4th Cir. 1982)
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http://m.openjurist.org/683/f2d/853/davenport-v-city-of-alexandria-virginia
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performers
street performers
street performances
ordinance
regulates
public areas
permit system
noise provisions
six feet
electric amplification
electronic amplification
battery operated amplification
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Friedrich v. Chicago
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619 F. Supp. 1129
N.D. Ill. 1985
September 18, 1985
U.S. District Court for the Northern District of Illinois
No. 84 C 7719
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http://law.justia.com/cases/federal/district-courts/FSupp/619/1129/1798066/
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amplifier
amplifiers
musicians
instrument
artistic performances
musical performances
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Carew-Reid et al. vs. NY Metropolitan Transportation Authority et al.
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903 F.2d 914
No. 1172, Docket 90-7143
United States Court of Appeals, Second Circuit
May 18, 1990
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http://m.openjurist.org/903/f2d/914/carew-reid-v-metropolitan-transportation-authority-r-l
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sidewalk
boardwalk
public way
musician
performance artist
expressive acts
solicits donations
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Harry Perry and Robert “Jingles” Newman v. Los Angeles Police Department
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Case No. 96-55545
United States Court of Appeals, Ninth Circuit
August 25, 1997
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http://caselaw.findlaw.com/us-9th-circuit/1246214.html
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street musician
street musicians
public spaces
permit
permits
permittees
sound permit scheme
sound permitting scheme
sound amplification permit
reasonableness
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Turley v. NYC
………………………………………………..
988 F. Supp. 667 and 675
US 2nd Cir
United States 2nd Circuit
Appeal
98-7114
January 26, 1999
Docket Nos. 98-7114 (L)
98-7176 (XAP)
98-7526 (CON)
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https://casetext.com/case/turley-v-police-dept-of-the-city-of-new-york
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http://www.communityartsadvocates.org/CAAsiteMap.html
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http://citylore.org/urban-culture/resources/street-performers/
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https://hobo4jazz5alive.wordpress.com/2011/04/15/street-music-legal/
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artistic expression
street performers
musician
safety
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American Civil Liberties Union of Hawaii v. Waikiki, Oahu, Hawaii
………………………………………………..
2001
Judge Virginia Crandall
42-page opinion
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https://www.aclu.org/news/aclu-wins-artistic-expression-lawsuit-behalf-waikiki-street-performers
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street performances
playing musical instruments
public streets
rights-of-ways
playgrounds
public ways
roadways
ordinance
regulation
42 U.S.C. 1988
court costs
attorney’s fees
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St. Augustine, Florida
………………………………………………..
District Judge
Henry Lee Adams Jr.
Injunction
2003
United States District Court for the Middle District of Florida
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http://www.buskersadvocates.org/
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street performer
street performers
street performances
city’s authority
public forum
permit
badges
restrict expression
safety concerns
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“Expression, whether oral or written or symbolized by conduct, is subject to reasonable time, place, or manner restrictions”
Clark v. Comty, for Creative Non-Violence
468 U.S. 288, 293
104 S.Ct. 3065
82 L.Ed.2d 221
(1984)
Such restrictions must satisfy three conditions to be enforceable:
(1) they must be
“justified without reference to the content of the regulated speech,”
(2) they must be
“narrowly tailored to serve a significant governmental interest,”
and
(3) they must
“leave open ample alternative channels for communication of the information”
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Seattle Center
Berger v. City of Seattle
No. 05-35752
January 9, 2008
United States Court of Appeals, Ninth Circuit
………………………………………………..
2005
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http://cdn.ca9.uscourts.gov/datastore/opinions/2009/06/24/05-35752.pdf
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http://caselaw.findlaw.com/us-9th-circuit/1241365.html
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http://ncac.org/resource/significance-berger-v-city-of-seattle
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http://www.seattletimes.com/seattle-news/appeals-court-punctures-seattles-attempt-to-regulate-balloon-artist/
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http://web.kitsapsun.com/archive/2005/05-01/45112_seattle_must_pay_performer__20_0.html
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http://www.seattletimes.com/seattle-news/judge-rejects-seattle-center-rules-on-buskers/
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http://hpn.asu.edu/archives/2005-April/008967.html
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18 USC 241
U.S. Code › Title 18 › Part I › Chapter 13 › § 241
18 U.S. Code § 241 – Conspiracy against rights
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If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They 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, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death
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https://www.law.cornell.edu/uscode/text/18/241
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18 USC 242
U.S. Code › Title 18 › Part I › Chapter 13 › § 242
U.S. Code § 242 – Deprivation of rights under color of law
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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
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https://www.law.cornell.edu/uscode/text/18/242
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