August 13, 1978, All the Streets A Stage
by Preston Grella, Boston Sunday Globe New England Magazine,
overview after five years of being legal featured Brother Blue on
the cover. Click for a PDF version of the article (918K five
pages) here
Bob Gay was on hot sax player who went on to perform on tour
with many bands.
Here he is with unknown guitar player in Downtown Crossing.
(click on the images for new window to down
load pictures)
Boston Globe
Letter to the Editor complaint of police abuse by witness to the
arrest of street performers, Lorraine Saltre and John Bigelow in
Copley Square.
Signs posted on City Hall Plaza and Dock Square
prohibiting street performances without a permit. The city does
not issue permits to perform in these locations essentially
banning First Amendment activities in these historic public
spaces. Artists were arrested in Copley Square in the 1981 and
another artist was threatened with arrest on Newbury Street in
October 2002. I was threatened in both June and July, 2004 on
Boston Common, plus Sam Adams Park (Dock Square) in August. I sent
letters in 1980, 1981, 1990, 1991, recruited an attorney to
request changing the law in 1992, and had a meeting with a Boston
City Councilor in November 2002 complaining of this old
discriminatory and unconstitutional law should be abolished and
replaced with an ordinance similar to the Cambridge Street
Performance Ordinance. All these efforts failed. I actively sought
a large law firm since November 2002 to challenge the City of
Boston in Federal Court. I submitted an application with The
Volunteer Lawyer for the Arts of Massachusetts (http://www.vlama.org)
and Testa, Hurwitz,
Thibeault, LLP, 125 High St., Boston, MA 02110-2704
(http://www.tht.com)
T: 617-248-7000 Attorney John J. Cotter, Attorney Thomas A.
Turano, Attorney Jason A. Duva, Attorney Karen A.
Schouten accepted the case in the
spring of 2004. Additional letters, phone calls and proposed new
regulations ignored March-June 2004. Proposed Ordinance PDF file
HERE
(click on the images for new window to down
load pictures)
Restricted area: essentially banned street
performances in downtown Boston. It was still being passed out by
the Police Department with applications when I applied for a
license in January 2004.
For a PDF version of
Police Rule 75 please click
here
View Boston Park Department rules here
http://www.cityofboston.gov/parks/rules.asp
Notice that these rules ban stepping on the grass, playing any
games, riding bicycles, begging for alms. Also bans all First
Amendment activities around the Boston Common Frog Pond. These
rules are used to stop all nonmusical performances from receiving
donations. Artists are not allowed to sell their cds or artwork.
The rules give total discretion to the Park Rangers to stop
performances.
It is against the Park Rules to ride bicycles,
but they have a vendor who rents bikes on Boston
Common.
The bikes block nearly half the path on the
Freedom Trail.
I was told by Park Ranger that people would
trip over my hammered dulcimer and it blocked the path.
The park vendor kiosks and lemonade stand block
most major intersections and take up 5-10 times more
space.
The Park Department bans the sale of artwork
and cds by individual artists.
The Boston Globe solicited subscribers with
logo items, Commonwealth Shakespeare Company solicited donations,
a chair company rented chairs and American Express Financial
Advisors solicited clients at the Shakespeare on the Common
performances.
August
27, 2004:
I went to Sam Adams Park (Dock Square) to do a
photo shoot for the Boston Phoenix article.
I was playing my hammered dulcimer by the Sam
Adams statue and the police officer showed up in 10 minutes and
stated "I was not allowed to perform." "He would ignore me
briefly, but would require I leave immediately if anyone
officially noted I was there." All this was caught on camera by
the Phoenix photographer, Eric Levin 617-283-4468 http://www.elevin.net
eric@elevin.net I did not stay around after the photos were taken
to be threatened further.
Click on pictures to see larger versions. Photo
credits: ©
Eric Levin http://www.elevin.net
eric@elevin.net
FLASH NEWS:
Federal Law Suit served to
the City of Boston, Boston Police Department, Boston Parks
Department on August 3, 2004
Media Alert Press Release August 2004
PDF please click HERE
Federal
Law Suit Complaint served on August 3, 2004 (PDF file) Click
HERE
- Exhibit A Boston
Ordinances HERE
- Exhibit B Police Rule
75 HERE
- Exhibit C1 Map 1
HERE
- Exhibit C2 Map 2
HERE
- Exhibit D Letter
HERE
Preliminary
Injunction filed September 30, 2004 PDF versions:
- Memorandum
HERE
- Exhibit A: Stephen
Baird Declaration HERE
- Exhibit B: The Grand
Incendiary - Sam Adams Biography by Paul Lewis
HERE
- Exhibit C: Rosanna
Lee Cohen Declaration HERE
- Exhibit D: The City -
Rediscovering the Center by William H. Whyte
HERE
- Exhibit E: Boston
Phoenix article by Harvey Silverglate and Dan Poulson
HERE
Boston
Response to Preliminary Injunction filed October 14, 2004 PDF
version (Includes exhibits of Boston Park Rules, New Police Rule
403, Letter rescinding Police rule 75 dated September 30, 2004)
HERE
NOTE: The original
Complaint filed on August 4, 2004 included a
letter
dated June 29, 2004, from the city stating they would rescind
Police Rule 75 and stop enforcement practices against street
performers. The Boston Response included a declaration
rescinding Police Rule 75 on September 30, 2004 only after the
city received the Preliminary Injection court documents and
after I was threatened by a Park Ranger and Boston Municipal
Police Officer in July and August. Essentially the City lied to
me and the media, including the New England Law Journal, that
the Police Rule 75 would be rescinded in June. I actually
applied for and paid $10 permit fee on September 2, 2004, for a
Police Rule 75 license the City said they had
rescinded.
Response to new
Police Rule 403 and Moot Issues presented by the City filed
December 2, 2004.
- Reply Memorandum HERE
- Exhibit A Massachusetts Lawyers
Weekly August 2, 2004 HERE
- Exhibit B Stephen Baird Police
Rule 75 License September 2, 2004 HERE
- Exhibit C Boston Municipal
Ordinance 16-19 Use of Public Grounds HERE
Preliminary
Injunction Hearing Friday, December 17, 2004:
NOTE: Hearing was Rescheduled
to December 22, 2004
Preliminary Injunction
Hearing Friday, December 17, 2004 at 2:30 PM: Community Arts
Advocates, Inc. v. City of Boston et al Case Number:
1:04-cv-11618: Motion Hearing set for 12/17/2004 02:30 PM in
Courtroom 2, United States District Court, District of
Massachusetts, John Joseph Moakley U. S. Courthouse, 1 Courthouse
Way, Boston, Massachusetts 02210 Telephone: (617) 748-9152 before
Federal Judge Nancy Gertner. Court Web site: http://www.mad.uscourts.gov/default2.html
Directions: http://www.mad.uscourts.gov/General/Directbos.htm
December 22, 2004 Federal Court
Hearing Transcript Text File Here
On December
23, 2004 in Federal Court before Judge Nancy Gertner the City of
Boston repealed Police Rule 75, Police Rule 403, Boston Ordinance
16-12.24 and parts of the Boston Park Rules were determined
unconstitutional.
Click on pictures to see larger versions. Photo
credits:
Stephen Baird
United States District
Court, District of Massachusetts, John Joseph Moakley U. S.
Courthouse as seen from the conference room of Testa, Hurwitz,
Thibeault, LLP, 125 High St., Boston, MA. Attorney Karen A.
Schouten, Attorney John J. Cotter and Attorney Jason A. Duva in
front of the United States District Court on December 22, 2004. We
were instructed to appear in court again the next day on December
23, 2004 at 2 p.m. if a consent decree was not agreed to and
submitted by 12 noon.
Dear Street Artists and Supporters:
Today in Federal Court before Judge Nancy Gertner the City of
Boston repealed Police Rule 75, Police Rule 403, Boston Ordinance
16-12.24 and parts of the Boston Park Rules were determined
unconstitutional. No performer should be stopped for performing
and receiving donations or selling their own cds in the city. No
visual artists should be stopped from exhibiting their art work
and receiving funds for their art work.
The text from the Federal Court:
Case Name: Community Arts Advocates, Inc.
v. City of Boston et al
Case Number: 1:04-cv-11618
Date: December 23, 2004
https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?93436
Judge Nancy Gertner : ELECTRONIC ORDER
entered denying [13] Motion for Preliminary Injunction at
this time. Preliminary Injunction is denied at this time because
of representations made by counsel for the defendant to wit that
the following ordinances and/or rules will be repealed and that
pending repeal, they will not be enforced by the defendant: 1)
Rule 16-12.24 (Boston Municipal Ordinance), Boston Police Rule 75,
Boston Police Rule 403, 2) that section 1(b) of the Rules of the
Boston Parks and Recreation Commission prohibiting begging or
canvassing for alms is unconstitutional and will not be enforced,
and that section 6 of the Rules of the Boston Parks and Recreation
Commission does not apply to the activities of the plaintiffs
herein.
Printable version PDF
HERE
Printable version JPG
HERE
December 23, 2004 Federal Court
Hearing Transcript Text File Here
There was a story in the Boston Herald, Thursday, December 23,
2004 on page 2.
http://news.bostonherald.com/localRegional/view.bg?articleid=60211
Sidewalk shows must go on: Hub gives street performers a pass -
for now. By J.M. Lawrence. Thursday, December 23, 2004
Another story ran in the Boston Globe on December 24th on page
B1
http://www.boston.com/news/local/articles/2004/12/24/in_court_city_makes_promise_to_let_its_sidewalks_be_stages/
In court, city makes promise to let its sidewalks be stages (
Boston Globe, by Shelley Murphy, 2004/12/24 ) Strike up the band,
pull out the magic tricks, and practice that mime routine: The
shows will go on on the streets of Boston.
The battle is not over. Enforcement practices need to be
carefully monitored. New regulations need to be adopted that fully
protect artists. Additional hearings are scheduled at the end of
January. If anyone has problems with police or park rangers please
contact me immediately:
I want to publicly thank Testa, Hurwitz, Thibeault, LLP T:
617-248-7000 Attorney John J. Cotter, Attorney Thomas A. Turano,
Attorney Jason Duva, Attorney Karen A. Schouten and their staff
for the countless hours they have contributed to this cause.
I also welcome the new law firm who have agreed to do the
ongoing work on the case:
Perkins, Smith and Cohen, One Beacon
Street, 30th Floor, Boston, MA 02108-3106 T: 617-854-4000 F:
617-854-4040 Attorney Jerry Cohen, P.C.; Attorney Stephen Chow;
Attorney Christine M. Griffin
My best,
Stephen H. Baird
Letter
from Mayor Thomas M. Menino to Boston City Council dated December
27, 2004, requesting the body to repeal the Ordinance 16-12.24
enacted in 1850 because: (Note: This was not done until March 30,
2005, by the City Council and finally signed by the Mayor on April
4, 2005)
"It has become apparent in recent months that the
existing law regulating performances by itinerant musicians is
antiquated and has not kept abreast with the evolution of the
law regarding pubic artistic expression."
Click image for larger 300 resolution copy for
printing
Response to Motion to Dismiss on Moot
Issues presented by the City filed March 18, 2005:
CAA filed Motion to
continue case and go to trial, because ordinance has not been
repealed, Park Rules have not been repealed or revised and other
Ordinances used to stop performances have not been repealed or
revised.
- Reply Memorandum PDF
HERE
- Exhibit A: Stephen Baird
Declaration PDF HERE
- Appendix A: Homier Distribution
Company vs City of New Bedford, 2002 US Dist Lexus
13082
Spring 2005 Enforcement practices
continue to stop performances in City of Boston
- I was stopped from performing at
Sam Adams Park aka Dock Square on March 30th
- Jason Gardner was stopped from
performing at Sam Adams Park aka Dock Square on April
2nd
- Jason Gardner was stopped from
using amplification at Boston Common on April
2nd
- Gazzo the Magician was stopped
from performing at Sam Adams Park aka Dock Square on April
3rd
- Daniel Denney who was with Gazzo
was also stopped from performing at Sam Adams Park aka Dock
Square on April 3rd
Additional Affidavits and Surreply
were filed with the Federal Court for Hearing in June
2005
- Gazzo the Magician Affidavit
PDF HERE
- Daniel Denney Affidavit PDF
HERE
- James Gardner Affidavit PDF
HERE
- Stephen Baird Affidavit PDF
HERE
- Complaint Surreply PDF
HERE
Additional Affidavits in the Summer
2005 for next status hearing on September 15, 2005
- Darrell Keighley Affidavit PDF
HERE
- Lisa Housman Affidavit
- Jeff Kesses Affidavit PDF
HERE
- Jeff Kesses 2nd Affidavit PDF
HERE
- Jason Gardner Affidavit PDF
HERE
- John Griffiths Affidavit PDF
HERE
- Bobby Bishop Affidavit PDF
HERE
- Leonard Gendron Affidavit PDF
HERE
Complete Brief with Exhibits and
Affidavits for Federal Court Hearing on September 15,
2005 HERE
- Federal Court instructed us to
obtain the names of Park Rangers and Police Officers who
stop performances and art exhibits to pursue court case
based on illegal enforcement practices. The form below can
be used to document the incidents. Click on GIF image for
larger version for printing. PDF version click
HERE
Amended
Complaint filed on October 6, 2005. PDF version click
HERE
- Darrell Keighley stopped from
performing in Downtown Crossing on September 1, 2005. No
sound measurements were taken.
- Cyrus Brooks and other dancers
stopped from performing in Downtown Crossing on September 1,
2005. No sound measurements were taken. Told he needed
permit from Downtown Crossing Mechant
Association.
- Jermaine Carter, a bucket drummer
stopped from performing in Downtown Crossing on September 1,
2005 plus numerous other times around the city. No sound
measurements were taken.
- Emerson College Student doing
clown and balloon sculptures was stopped from performing in
Boston Common in September 2005
- George Markee blues guitarist was
stopped from performing on public sidewalks by Bank North
Garden on October 8, 2005
- Larry Bell doing clown and balloon
sculptures was stopped from performing by Bank North Garden
on October 8, 2005
- Darrell Keighley stopped from
performing in Downtown Crossing on October 21, 2005. No
sound measurements were taken.
- Jermaine Carter, a bucket drummer
stopped from performing in Downtown Crossing on October 21,
2005 plus numerous other times around the city. No sound
measurements were taken.
- Visual artists were stopped from
displaying art and creating portraits for fees in Downtown
Crossing on December 3 and 10, 2005.
- Boston Park rules declared
unconstitutional (Section 1b) by the City Attorneys at the
Federal Court Preliminary Injunction hearing in Decmeber
2004 remain unrevised and are still published on the
official web site in January 2006 more than a year later.
Anti begging and solicitations statues have been
unconstitutional in Massachusetts for nearly a decade since
the ruling in Benefit v. City of Cambridge, 679 N.E. 2d 184
(Mass 1997).
- Boston Municipal Ordinance Section
16-19.1 challenged in the original complaint is still on the
books and states: No person shall in or upon the Common,
Public Garden or other public grounds of the city: walk,
stand or sit upon the grass.
Old laws like this are open
invitations for police abuse and used as shields by city
legal departments for bad police behavior.
Federal
Court instructed us to obtain the names of Park Rangers and Police
Officers who stop performances and art exhibits to pursue court
case based on illegal enforcement practices. The form below can be
used to document the incidents. Click on GIF image for larger
version for printing. PDF version click HERE
Click on image for larger version for
printing.
Legal Representative:
Perkins, Smith and Cohen, One Beacon
Street, 30th Floor, Boston, MA 02108-3106
(Became Burns and Levinson, LLP in
2006)
T: 617-854-4000 F: 617-854-4040
Attorney Jerry Cohen, P.C.; Attorney
Stephen Chow; Attorney Barbara Green Whitbeck
View of Boston Common from law offices
of Perkins, Smith and Cohen (Became Burns and Levinson, LLP in
2006); Attorney Jerry Cohen, P.C.; Attorney Christine Griffin who
now works at Wolf, Block, Schorr and Solis-Cohen,
LLP
ISSUES SUMMARY AND
TIMELINE:
This court case was filed to
resolve a thirty year battle to have the city laws and enforcement
practices honor the First Amendment Rights of artists and the
First Amendment Rights of Boston citizens to assemble and support
community artists in public spaces. Please review these web pages
on this site to obtain additional background on the issues.
Below is an issue summary
outline:
- Police Rule 75, Boston
City Ordinances, Boston Park Rules date back to the 1850s and
many have not been updated since the 1950s. View Boston Park
Department rules here
http://www.cityofboston.gov/parks/rules.asp
and a PDF
version of Police Rule 75 please
click here
They include
concepts, language and attitudes that are blatantly out dated
including (See the Complaint document for larger
list):
- Every female street
singer has to be accompanied by a male street singer (Police
Rule 75)
- No standing on the grass
and and no playing of games in the parks (Boston Park Rules
and Boston City Ordinances)
- Map banning performances
in almost all of downtown Boston See
Map here
(Police Rule
75)
- Begging, panhandling and
solicitation bans in Police Rule 75, Boston City Ordinances,
Boston Park Rules that ignore over 50 years of court cases.
Park Rangers enforce a ban on donations for all nonmusical
performers, plus ban recordings and visual art work sales by
artists. Even the brand new Police Rule 403 includes a
solicitation ban (See the city's response exhibits
HERE
).
- "Last term in Bigelow v Virginia, 42l US
809 (l974) the notion of unprotected 'commercial speech' all
but passed from the scene." Virginia State Board of Pharmacy
v Virginia Citizens Consumer Council 425 US 748, 759 (l975).
"Soliciting financial support is undoubtedly subject to
reasonable regulation but the latter must be undertaken with
due regard for the reality that solicitation is
characteristically intertwined with informative and perhaps
persuasive speech seeking support for particular causes or
for particular views on economic, political or social
issues, and for the reality that without solicitation the
flow of such information and advocacy would likely cease."
Schaumburg v Citizens for Better Environment 444 U.S. 620
(1979). Specifically, the US District Court of Massachusetts
has stated: "The fact that plaintiff troubadour accepted
contributions of passersby during his public performances
would not dilute his protection under the First Amendment."
Goldstein
v Town of Nantucket 477 F. Supp.
606, 609 (l979)
- "....the City demonstrate an unduly
restricted view of the First Amendment and of visual art
itself. Such myopic vision not only overlooks case law
central to First Amendment jurisprudence but fundamentally
misperceives the essence of visual communication and
artistic expression. Visual art is as wide ranging in its
depiction of ideas, concepts and emotions as any book,
treatise, pamphlet or other writing, and is similarly
entitled to full First Amendment protection.
Bery
v. New York, 97 F. 3d 684 (2d Cir.
1996)
"The City's licensing requirement was intended to catch
within its net merchants engaged solely in commerce of
ready-made goods that clog the sidewalks and compete
unfairly with legitimate stores. Applied over broadly, as
Defendants would do, the Ordinance essentially would impose
a chilling effect on genuine artists whose true calling is
art and not commerce, and whose manifest purpose may be to
create expression rather than markets, even if at times some
of their work may skirt the line between expressiveness and
merchandise. Such an extension of the licensing regime
[*293] would force artists to confront an undue
dilemma: either to quell their creativity or to risk arrest
if they believe their work is sufficiently expressive to
fall within the protection of the First Amendment.
[HN22] Freedom of expression is designed precisely
to bar the government from compelling individuals into that
speech-inhibiting choice. See Reno v. American Civil
Liberties Union, 521 U.S. 844, 871-72 (1997)."
Christopher
Mastrovincinzo (a.k.a. "MASTRO"), and Kevin Santos (a.k.a.
"NAC" OR "NAK") v NEW YORK CITY 313 F SUPP 2D 280
(2004)
- Private and corporate
control of public spaces. Fanueil Hall Marketplace has
exclusive control to schedule street performance in Sam Adams
Park (Dock Square). Downtown Crossing Merchant Association has
exclusive control of Downtown Crossing (Summer and Washington
Streets) and Filenes Park (Franklin and Washington Streets).
Newbury Street Merchant Association controlled all of Newbury
Street. The Park Department has banned all first Amendment
activity from the Frog Pond area of Boston Common, but allows
Disney and other Corporate sponsors to broadcast television
programs from the Frog Pond area.
- "The requirement of merchants' approval
is irreconcilable with freedom of expression. It is
unqualified censorship and it is just what the First
Amendment forbids." Goldstein
V. Nantucket 477 F. Supp. 606, 609
(1979).
- Supreme Court Justice Marshall said in
his dissenting opinion in Lloyd Corp. v. Tanner: "For many
persons who do not have easy access to television, radio,
the major newspapers, and other forms of mass media, the
only way they can express themselves to a broad range of
citizens on issues of general public concern is to picket,
or to handbill or to utilize other free or relatively
inexpensive means of communication. The only hope that these
people have to be able to communicate effectively is to be
permitted to speak in those areas in which most of their
fellow citizens can be found. One such area is the business
district of a city or town or its functional
equivalent....It would not be surprising in the future to
see cities rely more and more on private businesses to
perform functions once performed by governmental agencies.
The advantages of reduced expenses and increased tax base
cannot be overstated. As governments rely on private
enterprise, public property decreases in favor of privately
owned property. It becomes harder and harder for citizens to
find means to communicate with other citizens. Only the
wealthy may find effective communication possible unless we
adhere to Marsh v. Alabama and continue to hold that "(t)he
more an owner, for his advantage, opens up his private
property for use by the public in general, the more do his
rights become circumscribed by statutory and constitutional
rights of those who use it."
- Over broad and vaguely
defined regulations that give arbitrary and unfettered
discretionary power to Park Rangers and Boston Police Officers
to stop and repress street artists First Amendment
Rights.
- Rules of the Boston Parks and Recreation
Commission SECTION 7. No person in any public park
(including boundary road thereof) or other public place
(including any parkway) under the control of the Parks and
Recreation Commission shall fail to comply with any
reasonable direction given by any police officer or by any
Parks and Recreation Department employee or contained in any
notice posted by the Parks and Recreation
Department.
- The new Police Rule 403 and the old
Police Rule 75 only covers musical performances. All other
artists are under the regulatory "whim of the individual
police officer." There are no guidelines and nonmusical
applicants are told they can perform, but must obey the
instructions of any police officer including stopping their
First Amendment expressive activities.
- Enforcement practices
designed to curtail, repress and discourage First Amendment
Expression.
- Ruthanna, Myself and many other artists
arrested or threatened with arrest for performing on Boston
Common and receiving donations 1970-1973 Details
HERE
- Letters and threat of law suit stop the
arrest of musical performers on Boston Common 1973. Details
HERE
- Artists threatened with arrest for
performing at Faneuil Hall Marketplace, Downtown Crossing,
Newbury Street, Sam Adams Park (Dock Square)
1976-2004
- John Bigelow and Lorraine Saltre
arrested on Boylston Street in July 1981 Details
HERE
- I was threaten with arrest in Sam Adams
Park (Dock Square) while doing an interview for a
documentary film on street performances. April 1998.
- Numerous letters sent to and meetings
with the Boston Law Department, Boston Real Properties
Department, Boston Parks Department, Boston Police
Department, Downtown Crossing Merchant Association to stop
harassment of street artists. 1976-2004
- Receive call from Rosanna Lee about
threat of arrest and harassment on Newbury Street. August
2002
Details
HERE
- Meeting with City Councilor John Tobin
to protest treatment of artists and submit proposed new
ordinance. No action taken. November 2002
- African-American flute player arrested
on Boston Common. Fall 2003
- Call Boston Parks Department to learn
current permit requirements for street performances. Speak
to Paul McCaffrey. Says no sales or donations are allowed.
No permits are issued and the Park Department discourages
street performances. Rangers may let you play if not
amplified or not a nuisance February 11, 2004.
- Actively sought a large law firm
starting in November 2002 to challenge the City of Boston in
Federal Court. I submitted an application with The Volunteer
Lawyer for the Arts of Massachusetts (http://www.vlama.org)
and Testa,
Hurwitz, Thibeault, LLP, 125 High St., Boston, MA 02110-2704
(http://www.tht.com)
T: 617-248-7000 Attorney John J. Cotter, Attorney Thomas A.
Turano, Attorney Jason A. Duva, Attorney Karen A.
Schouten accepted the case in the
spring of 2004.
- Numerous letters and telephone calls are
made to city officials to negotiate rescinding the old rules
and replace with a new ordinance. City is slow to respond
and we prepare to file the law suit. April-mid June 2004.
Proposed Ordinance PDF file HERE
- Threatened by Park Ranger 217 in Boston
Common. Asked for permit that does not exist and is not
required. June 19, 2004
Details
HERE
- Two street artists amplified
performances stopped by Park Ranger on Boston Common in June
or July.
- City sends letter from Mary Jo Harris,
Boston Police Department Legal Advisor on the day we are
prepared to file the law suit. The letter states Police Rule
75 will be rescinded and all city departments are not to
enforce rules against street artists. June 29, 2004
Letter
HERE
- Threatened with arrest by the same Park
Ranger 217 on Boston Common. Again asked for permit that is
not issued. July 18, 2004.
Details
HERE
- Federal Law Suit
Complaint served on August 3, 2004 Details HERE
- Threatened with arrest
by Boston Municipal Police Officer while doing a photo shoot
for the Boston Phoenix article by Harvey. Silverglate and
Dan Poulson. August 27, 2004 See pictures
HERE
- Preliminary Injunction
filed September 30, 2004 Details HERE
- Boston Response to
Preliminary Injunction filed October 14,
2004
The Boston
Response included a declaration rescinding Police Rule 75 on
September 30, 2004 only after the city received the
Preliminary Injection court documents and after I was
threatened by a Park Ranger and Boston Municipal Police
Officer in July and August. Details HERE
- Preliminary Injunction
Federal Court Hearing Friday, December 22, 2004 Details
HERE
December 22, 2004 Federal Court
Hearing Transcript Text File Here
- City Repeals Police
Rules and Regulations determined Unconstitutional in Federal
Court on December 23, 2004. See Federal Judge Nancy
Gertner's order HERE
December 23, 2004 Federal Court
Hearing Transcript Text File Here
- Mayor Thomas M. Menino
letter to Boston City Council requesting Ordinance repeal
December 27, 2004. Details HERE
- New law firm agreed to do the ongoing
work on the case in February, 2005:
Perkins, Smith and
Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106
T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.;
Attorney Christine M. Griffin, Attorney Barbara
Whitbeck
- City filed motion to
dismiss case because they had rescinded one ordinance and
Police Rules 75 and 403. Filed on March 4, 2005
- CAA filed Motion to
continue case and go to trial, because ordinance has not
been repealed, Park Rules have not been repealed or revised
and other Ordinances used to stop performances have not been
repealed or revised. Filed on March 18, 2005
- Boston City Council
repealed Ordinance on March 30, 2005 and signed by the Mayor
on April 4th.
- Series of new
enforcement curtailment and suppression of street artists on
March 30th, April 2nd, April 3rd
- New affidavits and
motions filed with the Federal Court on March 31, 2005 and
April 25, 2005
- New affidavits and
motions filed with the Federal Court on September 13, 2005
for Hearing on September 15th HERE
- Street Artists continued
to stopped from performing and asked for permit that does
not exist and is not required. September and October
2005
- Amended Complaint filed
on October 6, 2005
Perkins, Smith and
Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106
T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.;
Attorney Barbara Whitbeck
Series of new
enforcement curtailment and suppression of street artists in
September and October 2005. Details
HERE
- Response from City of
Boston to dismiss case filed on October 27, 2005
- Surreply filed on
November 8, 2005.
Perkins, Smith and
Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106
T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.;
Attorney Barbara Whitbeck; Attorney Stephen
Chow
- Visual artists were
stopped from displaying art and creating portraits for fees
in Downtown Crossing on December 3 and 10, 2005.
- Boston Park rules
declared unconstitutional (Section 1 b)remain unrevised and
are still published on the official web site from over a
year later in January 2006. Anti begging and solicitations
statues have been unconstitutional in Massachusetts for
nearly a decade since the ruling in Benefit v. City of
Cambridge, 679 N.E. 2d 184 (Mass
1997).
- Boston Municipal
Ordinance Section 16-19.1 challenged in the original
complaint is still on the books and states: No person shall
in or upon the Common, Public Garden or other public grounds
of the city: walk, stand or sit upon the grass. Old laws
like this are open invitations for police abuse and used as
shields by city legal departments for bad police behavior.
- April 2006 -- Theee
break dancers were arrested for performing in Downtown
Crossing with out a permit that does not exists and put on
probation by Judge Thomas Hogan for violating law that does
not exists. Lots of police misconduct for violating directive
form police headquaters, district attorney for not informing
the judge that the old laws were recinded in December 2004,
a temporary defense attorney who did not even bother talking
to the three dancers before accepting a plea sentence of
probation and the judge for refusing to even look at the
documents proving the old law was recinded.
- June 2006 -- Three
Berklee jazz students were ticketed and stopped from
performing on Newbury Street.
- November 2007 -- Milan
Kohout. Performance Artists from Mobius, protest was stopped in
front of Bank of America and artist materials confiscated.
Received summons for trial in January and case eventually
dismissed March 2008.
- The battle never
ends!
MEDIA
COVERAGE
Boston Globe July 24, 2004,
article by Shelley Murphy:
http://www.boston.com/news/local/massachusetts/articles/2004/07/24/singers_sue_city_say_theyre_harassed/
Boston Phoenix September 3,
2004, article "Killjoy was here" - Boston has long relied on
onerous regulations to kick street performance to the curb. Now
itinerant artists are fighting back in the courts. BY HARVEY A.
SILVERGLATE AND DAN POULSON
"Given the legal and
cultural importance of public artistic expression, as well as
the applicable judicial precedents, it is not difficult to
predict that unless Boston cleans up its act voluntarily - and
quickly - the city will undoubtedly lose this lawsuit."
http://www.bostonphoenix.com/boston/news_features/top/features/documents/04097841.asp
Cambridge Chronicle story
August 12, 2004, By Amanda McGregor
http://www2.townonline.com/cambridge/localRegional/view.bg?articleid=66429
Associated Press AP picked
up story in late July and was published around the country in
various publications including the Metro West Daily News and in
Burlington, Vermont, cities in Florida.
http://www.metrowestdailynews.com/localRegional/view.bg?articleid=73977
Boston Globe September 9, 2004
"Musicians, T singing two-part harmony" by Jason Nielsen. Article
on subway performers with update on the Boston legal
case.
http://www.boston.com/news/local/articles/2004/09/05/musicians_t_singing_two_part_harmony/
Boston Herald, Thursday, December 23,
2004 "Sidewalk shows must go on: Hub gives street performers a
pass - for now." by J.M. Lawrence.
http://news.bostonherald.com/localRegional/view.bg?articleid=60211
Boston Globe, December 24, 2004 "In
court, city makes promise to let its sidewalks be stages." by
Shelley Murphy, -- Strike up the band, pull out the magic tricks,
and practice that mime routine: The shows will go on on the
streets of Boston.
http://www.boston.com/news/local/articles/2004/12/24/in_court_city_makes_promise_to_let_its_sidewalks_be_stages/
WB 56 News, Fox 25 News, and New England
Cable News all covered the story on December 24, 2004.
Boston Metro Newspaper, December 27, 2004
"Judge rules for performers: Federal judge nixes rules prohibiting
street performances" by Christina Wallace
http://www.metropoint.com/
Click image for larger readable
version
Boston Phoenix, January 7 - 13, 2005:
FREEDOM WATCH Street musicians, one; Boston Police, zero BY HARVEY
A. SILVERGLATE AND DAN POULSON VICTORY SONG: Community Arts
Advocates founder Stephen H. Baird prevailed in his suit to
overturn city restrictions on street performers. But he worries
that beat cops might not get the message. http://www.bostonphoenix.com/boston/news_features/this_just_in/documents/04383305.asp
The National Law Journal, January 10,
2005, "Let the band play on, in public -- Judge overturns 1878 ban
on street performers." By Lindsay Fortado http://www.law.com/
Daily Free Press, Monday, March 21, 2005,
"Right to perform pursued -- Bill to remove permit requirements
pushed" by Camille Rustici. http://www.dailyfreepress.com/media/paper87/news/2005/03/21/News/Right.To.Perform.Pursued-898430.shtml
Boston Globe Sunday Magazine,
May 15, 2005, cover story "Let the Music Play," by James Sullivan
with photos by Laurie Swope. Profiles of street and subway
performers with references to Federal Court case: http://www.boston.com/news/globe/magazine/articles/2005/05/15/let_the_music_play/
Boston Phoenix Eighth Annual Muzzle Awards Issue Date: July 1-7, 2005 by Dan Kennedy http://72.166.46.24/boston/news_features/top/features/documents/04793546.asp
PETITION
