This article is really a response to the latest activity around the August 7th posting "Crackdown on the Mall"--which can be accessed on this website if you scroll down. It only partially follows the latest police abuses under the Downtown Ordinances. I am posting it as an independent story because I think it's current enough to be of interest. I am hoping to post a fuller update soon.

Selling a CD that you have made yourself (i.e. your own artistic product)is protected in New York City under the Federal Constitution (though local merchants have tried to ban it) under the Lederman decision (several of them actually). The case is not ruling precedent here (since it's in another federal district), but the US Supreme Court has refused to review the decision that upheld the musicians.
Santa Cruz musicians, intimidated by police harassment, don't even go so far as to make that claim. They simply have a "donations" sign out. Or they surreptitiously attempt to sell to those who seem interested.
On January 15th, the rest of the Downtown Ordinances will kick in making it illegal for street performers and activists with any kind of sign to (a) solicit from a seated position, (b) solicit after dark, (c) solicit in a group of two, and (d) solicit from 95% of the sidewalks in business districts. The Downtown Commission, charged with finding "exemption zones" has thrown up its hands on this matter--and properly so. It's a constitutional and social nightmare.
Musicians, panhandlers, and just plain sitters have already been driven away from the curb areas in front of all the sidewalk cafes (under the original 1994 Coonerty Cafe law). Cosmic Chris the guitarist reports that cops are now not allowing him to play either seated on a public bench or in front of vacant storefronts like the Cooperhouse.
The voluntary Street Performers Guidelines have thus been actively and thoroughly destroyed. Numerous reports from the street indicate that the social engineers who gave us the Downtown Ordinances and the New Leaf-Sushi Now fenced off public area, are now planning to eliminate sitting areas near Costa Brava and Cooperhouse by moving the green spiked fence along the planter outward so that it walls off areas currently used for sitting. Call Mayor Krohn at 420-5023 and Vice (soon to be full) Mayor Reilly at 420-5022)and express your concerns.
The presence of street performers doing their art on the avenue, even if they take some money for it, I believe draws more people (with money) to town than it takes away from the trinket salespeople in the shops.
Further street performers are frequently needier--another dimension to consider.
What kind of community do we want here in Santa Cruz? Those with power at the center (the Redevelopment Agency, the Police, the Hosts, the Parks & Rec, the City Council, the Downtown Association) say one thing with their disappearing benches, downtown ordinances, fenced-off public areas, and city council-sanctioned selective enforcement policies. The community in general says something quite different.
Clearly the community needs to find ways to take back the sidewalks and streets and return more traditional Santa Cruz inclusionary values (though, admittedly, it's always been a struggle).
Come to Merrie Mondays 4-6 PM to hear candidates spout, see videos on past street struggles, and munch Food Not Bombs veggie edibles, as well as fight Bush's War in Iraq. Downtown For All usually meets Wednesdays 7 PM Wired Wash Cafe 146 Laurel St. (near Pacific Avenue next to the Saturn Cafe). Call to confirm at 831-423-4833 or phone us at 831-476-6112 with reports from the street.
--Robert Norse Downtown For All.