NYC MUNY Arts For Transit

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  • jugglerjosh
    Senior Member
    • Mar 2004
    • 132

    NYC MUNY Arts For Transit

    On May 14th, 2005 I was performing in Times Square with my MUNY (Music Under New York) Arts for Transit Permit when 4 officers approached me after I finished a good first show for rush hour commuters. They asked me for my permit, which was routine when performing with MUNY, as I have been since 2002.

    After checking the permit and ID they told me that I could continue to perform but without my 6 foot unicycle. I asked why, since I have been performing with it for years with MUNY, and the other officers in Times Square had previously told me to idle in place during shows in the designated spot so that I'm away from the audience. But these officers insisted, and after about 5 minutes I agreed. I began to pack up the unicycle quietly while they watched. They then went to confer a few feet away.

    I placed the unicycle in my duffle bag and prepared for a next show. The officers walked over with my permit, 6 of them now as two others joined them. As I reached for my permit and ID they said "You're done playing for today. Up against the wall." 4 of them held me as the others watched and I was placed under arrest.

    A crowd of over 200 watched as the officers held me against the column and my MUNY banner, and then put handcuffs on. As I was completely taken by surprise bytheir actions, I hollered to the audience to please take pictures and videotape what they were doing, as I didn't know why they were arresting me.

    The officers escorted me out of the station, held me in a car and repremanded me for a while and transferred me to a local precinct, where my equipment was searched and my criminal record checked. As it was a first arrest, I had no record. I stayed in a cell with some dealers who were already familiar with some of the officers.

    I informed the officers that I was in compliance with the permit, and that I had performances the following day. My relatives were allowed to piclup my equipment.

    I was held for several hours as the other prisoners were processed. After midnight, I was finally let out of the cell. Expecting to go home, instead the Officer put handcuffs on me again. "What are you doing?" I asked. "I'm taking you to central booking" he said. In the middle of the night I was driven all the way downtown and processed and put in jail with about 10 others in a large cell. There were many others, addicts detoxing, gangs from fights, folks on other charges. I was kept in jail for over 24 hours. After seeing a court appointed lawyer, I was brought before a judge, who asked for 3 days community service.

    I turned to my lawyer, handed her my permit, and said nothing to the judge.

    Our case was scheduled for July 12th, and the charges, reclesss endangerment, resisting arrest, and disorderly conduct, were to be determined then.

    I got letters of support from MUNY, a parent in the audience who saw the arrest from the school I was to perform for the next day, and the Catholic School where I used to work as a juggling instructor.

    The case went to the DA, who offered a 6 month probation time, but I refused. Instead, I presented my support letters to my lawyer, who talked with the prosecuting attorneys. The case was dismissed and I left.

    I was detained and up the whole weekend. I fasted in jail out of anger and outrage. I was given no compensation for the detainment, had to defend my charges and lost a weekend of work.

    Sincerely, Josh
  • pogotrik
    New Member
    • Dec 2004
    • 8

    #2
    omg

    all i can say is "wow"... be strong man! it is through the arts which we fight this kind of fascist behavior.

    Comment

    • Mr.Taxi Trix
      Senior Member
      • Dec 2000
      • 1273

      #3
      Did you inform the officers that they were dealing with the "Busker of the Year"? Too bad the Seaport didn't give you a cape and goggles with the title, you could've busted out.

      Seriously though, that does suck. It looks like a great article for the Voice or something. Did anyone get you pics? It might actually be a good opportunity for some public awareness. (I know someone, also a busker and not me, by the way, who was busted in the subway for getting high, and definitely abused.) You could get some excellent press, but moreover, the cops could get a well-deserved black eye.


      Call Steve.

      Comment

      • Evan Young
        Senior Member
        • May 2001
        • 1002

        #4
        isn't this cause for a civil suit?

        Comment

        • jugglerjosh
          Senior Member
          • Mar 2004
          • 132

          #5
          Vengance

          Thanks for your kind words.

          The Seaport did surprise me with a "Busker's Hall of Fame" award as Street Performer of the Year. I got to perform for the breakfast for nice LOMA executives and when I finished my set the restaurant had taken away my plate and I didn't even get to eat.

          The honor was given for my community work on the street, and over the winter on the festival we had in June, which put me only a few hundred dollars further into debt. The event made page 12 of the River to River Festival.

          The powers granted by the Seaport have been limited. I have an increasingly keen awareness of the power of advertising in the consciousness of the consumer, and the forces of management that will continue to treat me as an alley cat coralling fellow performers seen as wharf rats.

          I was hired for two extra passing the hat gigs, and performed as hired out in the rain during the "International Pow Wow".

          I have been juggling 6 clubs on the street, the Street Performer Program record, which is very insignificant with all that is happening in Downtown NYC.

          I requested a cruise ship recommendation letter from the South Street Seaport, not even a gig, but simply a letter to send in hopes of work, but it has not been given support.

          With regard to the MUNY performance arrest and detainment in Times Square, Capes and goggles usually go to super heroes or villans. Instead of attempting to escape, I fasted and gave my meal to another inmate who was hungry, listened and spoke a little with some of the dealers and gang members at the bottom of the totem pole, and minded my own business.

          It was a false arrest, and a weekend of detainment and lost work. I'm not a rich man.

          I wrote a letter to Steve for advice and also called the ACLU.

          I haven't decided what to do yet, but I'll keep you posted.

          Thanks for your replies.

          Sincerely, Josh
          Last edited by jugglerjosh; Aug-04-2005, 01:59 PM.

          Comment

          • Peter Voice
            Moderator
            • Dec 2000
            • 1065

            #6
            Sue the bastards, Josh.
            Every-one should watch their drawers!
            http://www.chalkcircle.com.au/

            Comment

            • pogotrik
              New Member
              • Dec 2004
              • 8

              #7
              as far as the cruise ship letter goes, why not try asking if you, yourself could write it aned simply have them sign it. granted, after receiving such an award and even performing as you have anyway, they should be happy and courteous enough to write one for you...

              Comment

              • jugglerjosh
                Senior Member
                • Mar 2004
                • 132

                #8
                MUNY Lawsuit

                So, I decided to sue the City.

                Styephen Baird, of Community Arts Advocates in Boston, recommended a NYC lawyer. He wrote the Notice of Claim pro bono (free of charge) and I filed it last friday.

                If you are arrested, there is a 90 day period where you can file charges against the city. This initial filing is called a "notice of claim".

                After it is filed, then you may pursue a criminal case. There is a statute of limitations on the charges filed.

                For this false arrest case:
                state charges: 15 months.
                federal charges: 3 years.

                Thanks for your replies. I'll keep posting with updates.

                Sincerely, Josh

                Comment

                • jugglerjosh
                  Senior Member
                  • Mar 2004
                  • 132

                  #9
                  Seaport Support

                  Dear Pogotrik,

                  Thanks also for your words on the Seaport Letter, which the program director wrote a few days ago.

                  Sincerely, Josh

                  Comment

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