mpharpsax
30 posts
Apr 01, 2010
8:24 AM
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Hello everyone, my friend Rick Bocook aka: Harpman Hatter is a one man wrecking crew against the local ordinances in Spokane, WA that discriminate against street musicians. He will be spearheading a demonstration this Saturday, April 3 in Spokane, WA, please support Harpman in any way that you can.
Event: Musicians Demonstration
Date: Sat. April 3, 12 noon
Where: Riverfront Park, Spokane, WA
Knowing Rick, I am sure that some harmonica music will be played! Go Harpman Hatter, go!
"The ability to play a musical instrument or sing in a public place and solicit funds are forms of expression that are protected by the First Amendment."
THE PARK IS A RECOGNIZED PUBLIC FORUM WITH THIS UN-CONSTITUTIONAL RULE/LAW DIRECTED TOWORDS A SPECIFIC CLASS OF PEOPLE MUSICIANS AND OTHER PERFORMERS SPOKANE MUNICIPAL CODE 10.10.040 Public Park.
B. Except when done in places designated and in the manner prescribed by rule, regulation, or special permission of the park board or department, no person may:
1. Solicit Donations or Collections, such as for Entertainment by Strolling Musicians or other Performers, or peddle or hawk any goods or services;
Michael Peloquin
http://www.usaharmonicas.com
http://www.facebook.com/harrisonharmonicas
http://myspace.com/peloquinharpsax
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Bluzdude46
562 posts
Apr 01, 2010
11:32 AM
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While I wholly support Musicians and personally love Minstrel types as a very nice surprise when I come upon them. Singing in a public place for the purpose of soliciting funds is not covered in the 1st amendment or any other.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
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The Original Downtown Philadelphia Fatman... Accept No substitutes!
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gene
434 posts
Apr 01, 2010
12:17 PM
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so·lic·it
v. so·lic·it·ed, so·lic·it·ing, so·lic·its
v.tr.
1. To seek to obtain by persuasion, entreaty, or formal application: a candidate who solicited votes among the factory workers.
2. To petition persistently; importune: solicited the neighbors for donations.
3. To entice or incite to evil or illegal action.
4. To approach or accost (a person) with an offer of sexual services.
If you are playing, not actively making requests or demands for money, you are not soliciting even if it is understood that donations are accepted.
That's the way I see it, anyway.
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congaron
748 posts
Apr 01, 2010
12:21 PM
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A hat lying on the ground nearby is either a subtle hint for tips or your hat blew off, depending on the person asking the question...lol.
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Bluzdude46
565 posts
Apr 01, 2010
12:23 PM
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Exactly Gene, and I'm fairly certain that a court would rule thusly, "Was there a Hat? Was there Money in the Hat?" No 1st Amendment. No way you win on interpretation. Also one playing music may be considered enticing. Besides He admitted in the Declaration of his intent was to solicit funds. Poli-Sci Major, sorry.
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The Original Downtown Philadelphia Fatman... Accept No substitutes!
Last Edited by on Apr 01, 2010 12:25 PM
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congaron
750 posts
Apr 01, 2010
12:31 PM
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I meant for the lone harpist enjoying the park on a bench wanting to push his/her luck...irrespective of the pending demonstration, which i think will do more ham than good.
I take my harp everywhere and have been asked NOT to stop when I had to answer my cell phone...lol. Besides, I get some paying gigs for money and follow the rules everywhere else. I bet you can still play for free. Hat on head, no solicitation. What would be the charge if there wasn't even a hat to take off? Play bare-headed and hang no signs, no open guitar case.
Oh and play religious tunes..now you're covered.
Last Edited by on Apr 01, 2010 12:32 PM
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earlounge
8 posts
Apr 01, 2010
12:37 PM
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There is a similar law for parks in NYC. They say these laws are to protect the musicians that have permits to play in the park for tips. I guess so some random dude can't just sit down and compete with your buisness. The coppers shut down anyone using amplification, but they can't say anything if you are just rockin out on a acoustic guitar and a harp. A hat with money in it may be an issue too.
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Benjamin Earl
NOONE3NOONE - My Youtube
Benjamin Earl - My Bio
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Bluzdude46
566 posts
Apr 01, 2010
12:40 PM
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Absolutely playing music is cool, it is the commerce section. Not only are they protecting the liscensed troubadors but the municipalities right to collect a fee from you if you are engaging in commerce. Unfortunately on small issues such as these your only regress is to challenge it on the State, then Federal level by appeal. No way the State and especially the Fed is going to intervene on this small a matter of commerce.
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The Original Downtown Philadelphia Fatman... Accept No substitutes!
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nacoran
1541 posts
Apr 01, 2010
11:35 PM
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They passed a law this winter where I live that charges any venue that isn't specifically a show venue a fee every time they want to have 'live' music, including karaoke, juke boxes, some guy in the corner playing for tips, etc. It's $50 for the venue, which may not sound like much until you realize it's a one day permit. If they start enforcing it it will crush open mics. It also requires lists of who is going to perform two weeks in advance.
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Nate
Facebook
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Bluzdude46
568 posts
Apr 02, 2010
6:03 AM
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Won't Crush open mics or live music, But it will lower the pay for us. You don't think it'll come out of the bar owners pocket do you?
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The Original Downtown Philadelphia Fatman... Accept No substitutes!
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nacoran
1550 posts
Apr 02, 2010
11:59 AM
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Yeah, but you don't get paid for open mics! It took the local hosts a long time before they even got more than tips. Smaller open mics are usually just hosted by guys who are just doing it for the fun. It's not scaled. A small coffee shop open mic may not get enough extra business to cover the cost.
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Nate
Facebook
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Bluzdude46
575 posts
Apr 02, 2010
12:49 PM
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Ok I'm use to being in a fairly dense area, Baltimore/Metro DC. Trust me we get paid. If you don't have followers you don't do it for long tho'
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The Original Downtown Philadelphia Fatman... Accept No substitutes!
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