Setting the record straight
Some rumors are going around regarding this post: "We have a new police Commander."
I wrote two sentences announcing the new commander and all of a sudden all kinds of comments came in that have nothing to do with it. Regarding the comment that somebody left (anonymously) about six officers harassing an artist, the truth is that the police have asked this particular artist to get off the sidewalk many times because he is blocking the right of way.
They have asked him nicely to talk with CocoWalk about setting up shop on the walkways inside their property. The artist prefers to yell and call the police names and threaten them to arrest him, rather than do that. The police also suggested he get a City permit if he would like be on the right of way, he refuses to do that. He would prefer to harass the police, rather than the other way around.
As for the new Commander even being involved in this, he just took over, this problem with the artist has been going on for months. The other night might have been the tipping point, where the police finally swept in and had him removed from the right of way.
I do agree that artists should be allowed to set up anywhere and create art, same for musicians, creating music. But blocking the right of way on the sidewalk is not the proper thing to do.
I wrote two sentences announcing the new commander and all of a sudden all kinds of comments came in that have nothing to do with it. Regarding the comment that somebody left (anonymously) about six officers harassing an artist, the truth is that the police have asked this particular artist to get off the sidewalk many times because he is blocking the right of way.
They have asked him nicely to talk with CocoWalk about setting up shop on the walkways inside their property. The artist prefers to yell and call the police names and threaten them to arrest him, rather than do that. The police also suggested he get a City permit if he would like be on the right of way, he refuses to do that. He would prefer to harass the police, rather than the other way around.
As for the new Commander even being involved in this, he just took over, this problem with the artist has been going on for months. The other night might have been the tipping point, where the police finally swept in and had him removed from the right of way.
I do agree that artists should be allowed to set up anywhere and create art, same for musicians, creating music. But blocking the right of way on the sidewalk is not the proper thing to do.
posted by Tom Falco at 8:00 AM
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12 Comments:
agreed he should obey 'lawful orders' from cops, but c'mon, the real question is "do we really want cops kicking artists off the sidewalk?"
maybe the cops ought to go over to the Home Despot and give them a hard time for putting their EZ-up tent in the fire lane.
oh yeah, they won't do that because they are too busy leaving their 'patrol vehicle' parked in the fire lane outside Milam's.
The hipocracy of Miami police boggles my mind.
"FACT"
Gaudiya Vaishnava Society v. City and County of San Francisco, 952 F. 2d 1059 (9th Cir. 1990)
"ARTIST HAS CONSTITUTIONAL RIGHT TO SELL WORKS ON SIDEWALK-COURT"
"First Amendment exception" to the permit requirement--is an unconstitutional prior restraint on free speech. Of course, this is only the "LAW" of the land. The police has every right to arrest who ever they want, but it is the artists' responsibility to take the ticket, go to Court, show this law, literally to the Judge, obtain relief, go back to the sidewalk with the written relief in pocket and if the police arrest a second time the artist will prevail and make a lot of money from the CITY of Miami. An artist sued the police in Key West and made $80,000.00, 6 artist in St Petersburg, FL got $60,000 each. I just sued the City of Miami for $1,300-mil in Federal Court two weeks ago.
P.S. The artist can take 1/3 of any sidewalk and as the Grape wrote, no artist can block the sidewalk completely.
Being an "artist" doesn't make you any more special than the rest of us who work for a living. Obey the law, don't infringe on other peoples right (such as being able to walk down the sidewalk)like the rest of us have to do to earn a living. I doubt I could set up my business on a sidewalk and get away with it.
The incident definitely should not be put upon the new commander, but Grape, as is often the case, swings to far in the other direction. He's on top of the news, but a bit reactionary.
The fact is, this artist cannot "set up shop in the cocowalk walkways" without paying cocowalk more money than he can make. The ironic thing there is these artists are a huge draw for cocowalk, and if it were run properly, it would promote, protect and provide for them.
Plainly though, the argument that this artist sets up in order to "harass the police", is simply ridiculous. He's just trying to do his thing, and clearly there is a disconnect between what he thinks his rights are, and what the police think.
PART 1
I'm the guy that posted the original comment about the 6 cops and the sidewalk artist last Friday night.
My concern, above and beyond any questions regarding the "rights" of an artist to use the sidewalk to create/sell art, was the 6 cops/cars needed to deal with this issue.
I first came upon this incident when I walked out of Cocowalk and started a stroll around the Grove. At that point the artist had already been handcuffed, and there were 2 cops with the 3rd cop pulling up in an unmarked car.
PART 2
After taking a stroll around the grove and doing some window shopping, when I returned to the Main Highway intersection 20 minutes later there were 6 cops, and 6 cars, including one that had been parked on the sidewalk.
During both of my walk bys of this incident I did not hear the artist speak, or engage in any yelling. He did of course look pissed.
My original post had to do with the question of why did/does it take 6 cops to "arrest" a sidewalk artist who had by then been in handcuffs for 20 minutes?
PART 3
The 2 cops who were talking with bystanders on the sidewalk were in no way involved in the "arrest" since they had arrived after I had initially walked by, and the same could be said for 2 of the other 4 standing around the artist.
The incident didn't look good, and other folks waiting at the light to cross the intersection also commented on why was there a need for 6 cops.
As far as the first amendment/artist issues, I did see the guy's stuff laid out on the ground on my initial passby, and it wasn't "blocking the right of way."
I recall the days when 2 guys used to setup around Cocowalk, and this guy probably took up about half the space that they did, and furthermore, this guy was out at the edge of the sidewalk, South of the entrance.
I can't say what else he might of been doing, but HE WAS NOT BLOCKING THE RIGHT OF WAY!
1) Gaudiya Vaishnava Society v. City and County of San Francisco extends free speech rights to "the sale of merchandise which carries or constitutes a political, religious, philosophical or ideological message" and further prevents a permitting scheme where the Chief of Police has discretionary (read: unconstitutional) authority to grant or deny permits. It doesn't look like either of these situations apply here.
2) The case is out of the 9th circuit and therefore isn't binding on Florida (11th circuit)
3) City/county code enforcement should have been involved, not the police, unless they can bust the guy for some type of criminal behavior. Being an unpermitted street vendor isn't necessarily criminal...
Read my comment again, carefully. Note where it states "Take the Ticket to Court, Invoke the Precedent law, go back to your side walk and sell your art legally without having to obtain a permit or jump through hoops. All the Court ruled on was the 1st Amendment also includes an artist original works of art-----so please do not read more or less into this law. Artist can legally sell their works of art "IF" they take their ticket, you have to get a citation/ticket/fine/something in writing from proper authority, go to Court and presto it is the law. Yes, it takes time and balls but cost nothing.
Read the Jobie comment again anon. It states "Take the ticket/ citation/fine/arrest report" or whatever to Court, invoke the precedent Federal case as quoted above and presto-----return to the sidewalk and sell your art legally. It does take time and balls, but it's worth it because I've been selling my art legally on public property in Coconut Grove for over two years now, the police come, I show them my paperwork, they read and have stated a few times "You're Legal" Thank You. The City of Miami Police Officers and Code Enforcement now ignore me and my art.
"That Guy"...you are correct in how ridiculous the idea is that an artist set up to harass anyone, especially in an artists village. He is just a guy trying to make a living but can't afford the rent of a studio. But the real issue that has been not touched upon is that selling stuff on the street is not part of Sarnoff's Bill of Rights; it creates too much joy and free thinking and that leeds to fun, noise , music and dancing and that leeds to partying and libations which inevidibly leeds to drunk driving and the vehicular manslaughter of inocent children waiting for their school buses at 5:05 am...hence, not in the Sarnoff Bill of Rights.
C
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