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Threatened with a ticket, I continued playing at the drum circle.

by brent lucifer
Sgt. Harms threatened to write a 15 minute parking lot ticket to me
for playing a drum. I told him the law is unconstitutional and selectively enforced, ... but go ahead.
He drove away leaving me to play for 30 minutes more.
"RESIST!"
Wednesday 3rd. Once again the fence was up. City workers erect and remove it every wednesday to prevent the 10 year tradition of
the farmer's market drum circle. Officer Harms was seen weaving his car in and out of the parking lot scaring away would-be drummers.
As cardboard sign stating that the drum circle had moved to the town clock was resting against the fence.
I find it important to defend and lay claim to this spot where we've played peacefully and incident free for so many years.
I don't agree with moving it off site... I say "resist!" The 15 minute parking lot law is an illegal unconstitutional law and is only selectively
used against the homeless and scruffy types. In fact they don't even write the ticket.. they just threaten to. They know it is a bad law and
don't want it to go before a judge.
I know because I my self climbed over the temp fence and played my barrel loudly and lovely for 1 hour. Sgt. Harms drove his patrol car
up to me and said, "What are you doing Brent?" (he's on a first name basis with me).
"Playing in the same spot where i have for many years and will continue to." said i.
"The law has changed. You can't be here for more than fifteen minutes"..
I pointed to several cars with people sitting in them.. "you selectively use the law" "its unconstitutional. If you want to write me that
bad ticket then go ahead. I'm right here."
He just drove off. I continued playing.
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Comments (Hide Comments)
by Curious George
So... Reading your article, and thinking back, I have to ask: Has ANYBODY been cited under that law?
by Robert Norse
A few citations. The one that I know about was Andreas Nickolas, who was ticketed for doing a silent video show against the wall of the credit union guerrilla theater-style this spring. See

Despotism on film: Unconstitutional Officer Auldridge outside the Farmers Market
http://www.indybay.org/newsitems/2008/02/12/18478663.php

I WAS JUST CITED WITH THE Unconstitutional Parking Lot Ordinance JIM CROW LAW
http://www.indybay.org/newsitems/2008/03/15/18485843.php

Parking Lot Protester-Projectionist on Free Radio
http://www.indybay.org/newsitems/2008/03/19/18486675.php

Narwallagraphic Protest
http://www.indybay.org/newsitems/2008/03/20/18487206.php

Police Disperse Peaceful Narwhallagraphic Video Showing
http://www.indybay.org/comment.php?top_id=18553732

Narwallagraphic JIM CROW Protest VIDEO FOOTAGE!
http://www.indybay.org/newsitems/2008/03/22/18487968.php

Assembly against Unconstitutional Ordinances
http://www.indybay.org/newsitems/2008/03/28/18489116.php

Several other citations were given according to Zack Friend, testifying before a skeptical Downtown Commission earlier this summer (when Zack declined to present the relevant statistics unless ordered to do so by the City Council). See "Parking Lot Panic Law Up For Review 8:30 AM Thursday July 24th" http://www.indybay.org/newsitems/2008/07/20/18518034.php
by Becky Johnson (becky_johnson222 [at] hotmail.com)
santa__cruz_june_26_2006.jpg
I'm very encouraged by this account. The 15-minute parking lot trespass law (Ryan Coonerty's baby) is a thinly disguised loitering law and, if a demurrer is filed in any citation, will (I predict) result in the entire law being thrown out as unconstitutional.

I personally will be willing to provide to anyone cited evidence presented at City Council and at the Downtown Commission where police officers, City Council members, business leaders, commission members, and staff described the law as preventing "loitering." These statements will provide more than enough proof that this law is an illegal, unconstitutional loitering law. It also appears to be selectively enforced.

The reason they call it a "trespass" law is because loitering laws are unconstitutional. And the way the City is going about using this law (to attack the 10 yr old Drum Circle) if a violation of our right to peaceably assemble.

Apparently the City and SCPD are aware of the fragility of the law and have only (largely) used it as a threat.

It is an empty threat.

Stand your ground people. Perhaps we can get an injunction to stop the City from putting up the mesh netting every Wednesday?
by Curious George
Thanks for the reply to my question, Robert. However, I went through all those links (except the 5th, which was bad) and I couldn't find any citations under the PLPL. Andreas Nickolas's citation seemed to be for something else.

The police have had many opportunities to cite people under the PLPL, but they are NOT doing it for some reason... I wonder why.
by zombo
Anti-loitering laws are not necessarily unconstitutional, the case that is probably being thought of is the one in Chicago that was struck down as being too vague, the city amended it to be more specific, and to my knowledge, it is legal.
by brent lucifer
The reason that I keep saying it is unconstitutional is because it prohibits a traditional peaceful assembly. The drum circle has been in this spot
for 10 years and is being prohibited while others may linger nearby in their cars. This is selective enforcement is that not unconstitutional too?
by zombo
If the law targets one class of citizen over another, you'd have to prove that of course.

Are those people by the cars simply loitering? Or are they there for the farmer's market?..
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