"What if." Councilmember Cynthia Mathews mused, "a musician decided to play the same
song again and again outside of someone's store?" Her offhand comment occurred during
discussion in December of 2002 of a vast new array of downtown ordinances all
addressing "behaviors" and, of course, not status of those on Pacific Ave. But somehow
it's always the poor and homeless whose behavior earns a citation. No one had testified
that the repetitive singing song syndrome had ever happened.

Even the voluminous chronology of Pacific Trading Company complaints compiled by
merchant Anandi Heinrich by arrangement with Redevelopment Agency analyst Julie
Hendee made no mention of someone playing the same song over and over. But in January
of 2003, the council passed the "Move-along" law, championed by Councilmembers
Porter, Mathews, and Rotkin [See Street Spirit 3-03 Santa Cruz Liberals Back Police
Against the Homeless"].

Under the new law, MC 5.43.020(2) a musician with an open guitar case (with or without
a sign "donations wanted"), a homeless person with a handkerchief on the sidewalk
seeking spare change, or an activist at a table registering voters--all could stay in any one
location no more than one hour. After an hour, they must move at least 100' and not
return for 24 hours with the same "display device". Other provisions of the Downtown
Ordinances (directed against the homeless, but sweeping up street performers and political
tablers in their need to be "content-neutral") made 80% of even the broadest sidewalks on
Pacific Avenue illegal for traditional street performers, needy panhandlers, or political
tablers.

Loitering laws have largely been struck down, as the courts have ruled, you can't be
arrested for doing nothing. What loitering laws still exist, have to be coupled with a real
crime such as casing a bank prior to a robbery or Berkeley's 1994 "loitering with intent to
sell drugs" ordinance. Still, cities can't help but think, plot , plan, and hope for new
ordinances that can remove the people they want to remove and yet feel free and user
friendly for the right kind of people.

In late June, Santa Cruz police officers attempted to cite Steve Argue when he refused to
move his "display device" a literature table after only one hour's time from in front of
Heinrich's business. He was arrested briefly as a result. Later on July 6th, he again set up
his display table in front of Heinrich's business, and while distributing literature urging
passersby to boycott Heinrich's business, he was again arrested for refusing to move his
"table" along after one hour's time by the SCPD. Since his card table had been confiscated
by the police, his display device was an ironing board with a huge "Repeal the Downtown
Ordinances" sign on it. Heinrich was one of the most vocal supporters of the ordinances.

As the police were driving Argue away for the second time, HUFF worker Matthew
Hartogh, set up a tiny wooden table with a few flyers on it. An hour later, he too was
taken off to jail in handcuffs. But Hartogh went limp and this time it took four cops to
drag him to the back of a waiting police car only 12 feet away.

JUDGE BARTON DECLARES THE MOVE-ALONG LAW UNCONSTITUTIONAL

In court, Hartough's four charges of failing to move-along after one hour, resisting arrest,
giving a false name (Hartough gave no name at all), and lying down on the sidewalk (yes,
that's illegal too!) were never filed and the charges disappeared.

Argue's charges, should have resulted in a misdemeanor prosecution, since the two
infraction charges occurred within 6 months of each other. The City attorney used a new
provision of the Municipal Code to lower the charges to infractions, without Argue's
permission as required by the state penal code. This denied Argue the option of a trial by
jury and the right to a public defender. If charged as a misdemeanor, convictions can
result in being jailed for up to 6 months and ordered to pay a fine of up to $1000. DA Bob
Lee, opted to not prosecute. Hence, the prosecution fell back on Deputy City Attorney
Wendy Morgan.

Pro bono attorney, Tony Bole, represented Steve Argue, and in a pre-trial motion, moved
to have the charges struck by arguing the law is unconstitutional because it discriminates
against non-commercial speech. Apparently Bole found that merchants can easily acquire
permits to place commercial display devices in front of their stores all day long, but a
non-commercial display device, like Argue's political table, could not. Superior Court
Judge Michael Barton ruled in court on March 19th, that the law is unconstitutional as a
result. He indicated he would put his ruling in writing at an April 2nd hearing at the
Morgan's request.

Speaking shortly after the hearing, Argue stated, "This is a victory in defense of free
speech rights. Limiting political tabling to one hour is an overbroad restriction on free
speech that brings police scrutiny, intimidation, and enforcement against a constitutionally
protected activity. While the legal arguments used to overturn this law are not quite the
same as why I deeply oppose it, those arguments had the desired outcome of overturning
the law. Any further attempts by the City Council to pass new laws against free speech
will be met with the same kind of opposition and civil disobedience.

CITY OF SANTA CRUZ CONTINUES ITS WAR ON THE POOR

Earlier this year, Mike True, a street musician was awarded a settlement of $15,000 for his
arrest for having his guitar case open on the sidewalk with copies of his own music on
CD's in the case within view. True said that "To rule otherwise would mean we don't have
the right to show our artwork to the light of day unless we get a permit. That means we
have no free speech rights at all." Since True opted to settle, the law he was arrested
under is still on the books and could conceivably be used against a less informed musician.

But the City of Santa Cruz, despite its desperate cries of shrinking revenues and a recent
rise in the sales tax to meet those costs, has continued with dozens of arrests and
prosecutions for behaviors that strain the imagination to be considered criminal acts.

For example, street flutist, Mu, was cited twice, for playing within ten feet of a building
with an open flute case [open to solicit donations]. Jason Paschal was cited for tarot card
reading without a permit, and the author of this article was cited twice and arrested once
for using sidewalk chalk on a public sidewalk.

HUFF activist and Street Spirit writer Robert Norse has been convicted twice of
"jaywalking." He goes to trial in early April for playing a video documenting police
harassment on the public sidewalk without a $33 amplified sound permit. He faces a fine
of over $300 if convicted.

What will they arrest people for next month? Well, last year they outlawed
bubble-blowing, frisbee toss, hacky-sacking, bouncing any kind of ball, and even outlawed
tossing your car keys to your wife. The City is shameless in what they will charge people
with and serious about prosecuting them. After all, it's all done with our money. But while
the City and its Redevelopment Agency continue to work overtime to find new ways to
harass and drive out the poor and homeless away from downtown stores, street musicians
and activists formed a new organization--SAFE
[Society for Arts and Free Expression].

For the past eight Wednesday nights from 6 to 9 PM, the street musicians have been
meeting-- at the corner of Lincoln and Pacific Ave. playing music, with a political table,
and free food to anyone who wants it. Though spending more than one hour at any one
spot has been clearly illegal under the Move-Along law, police have studiously avoided
them. Said Joe Williams, one the SAFE organizers, "Sometimes you just have to take back
the sidewalks by going ahead and using them."