Preacher to Call SCPD Music Critics to Account?

by Robert Norse (rnorse3 [at] hotmail.com)

Sun, Aug 7, 2016 8:23AM

The Santa Cruz Urinal (also known as the Sentinel) published a front-page story yesterday. Donald Harman is suing the City government, SCPD Chief Vogel, and a variety of police underlings for selectively enforcing MC 9.36.020 and 9.40.010 repeatedly without legal justification. This follows a somewhat questionable victory, a few years ago, by an earlier street preacher. The City's repressive "Unreasonably Disturbing Noise" law has long been used to harass activists and musicians playing music or singing songs that merchants don't like.

Our singing of "Downtown" with homeless lyrics in front of the Bookshop Santa Cruz resulted in the longest infraction trial in Santa Cruz history that I know of (See "Political Prosecution of Sinister Singsong Two Continues" at https://www.indybay.org/newsitems/2010/09/11/18658424.php .

The current Blue Box/Bronze Disc "performance pens" law on Pacific Avenue has overshadowed police use of MC 9.36.020. The controversy raised by the repeated arrest of painters Joff Jones and Alex Skelton will be going back to court on August 30th.

Still this lawsuit is important to highlight the continued use of the abusive "Noise" statute. It is still being used and in a fashion that appears to be racially discriminatory against black activst Curtis Reliford, for one.

I comment on Stephen Baxter's Sentinel story at http://www.santacruzsentinel.com/general-news/20160803/lawsuit-alleges-free-speech-violations-in-downtown-santa-cruz# which includes links to the full text of Harman's lawsuit. This is a document that needs to be read.

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