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Police Moving Along Musicians and Homeless Vigilers

Looking for reports of musicians or politicos or anyone "moved along" by police under the Matthew-Rotkin-Porter "Move Along Every Hour" law.
Does anyone have any reports on the use of "Move Along" law? This is the law that moves along political tablers and street performers--technically, anyone with a display device.

It's actually a law that broadens selective enforcement powers of the SCPD, which now have been doing downtown patrols of the avenue in groups of 5 giving tickets for "sitting on the edge of a flowerbox", "chalking "No War" in the street" and so forth.

MC 5.43.020(2)reads: "No person shall allow a display device to remain in the same location on the sidewalk for a period of time exceeding one hour. After one hour the person who placed the display device on the sidewalk shall not place a display device on the sidewalk within 100 feet of the original display device location. After one hour the person who placed the display device shall not place a display device in the original display device location, or within 100 feet of the original display device location, for twenty-four hours.

MC 5.43.030(3) reads: "No person shall be cited under this section unless he or she has first been notified by a public officer or Downtown Host that he or she is in violation of the prohibition in this
section, and thereafter continues the violation."

I've heard from guitarist C.J. and his wife that the law has been used several times on him (claiming he can only stay 45 minutes), even though a guitar case is not necessarily a "display device" under 5.43.000(b).

The current Non-Commercial Events ordinance defines such a device as "a table, rack, cloth, stand, or any structure or other object used or capable of being used for displaying tangible things, together with any associated seating facilities."

The old ordinance (pre-August 2002) defined a display device as "means a table, rack, chair, box, cloth, stand, or any container, structure or other object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities." Note the words "chair", "container", and "box" were removed. The removal of the word "container" specifically seemed to indicate the guitar cases were not covered; then that issue was thrown into question during the City Council debate.

The ordinance has not been applied to any political tables except it was threatened against the "Vigil Against Two Wars" [War on the Poor and War on Iraq] at Cooper and Pacific, which maintained a 24-hour presence from March 7th through March 13th when Officer Wendy Bines threatened to cite them unless they moved every hour. In order to avoid future citings, Olivia Brownrabbit agreed (a) to move, and (b) to eliminate the table.

Other political tables (including the HUFF) table have been set up for hours at a time without being so threatened by police.

There has been no word of Kennedy having either convened a public subcommittee meeting to discuss his proposed "exemption zones" or having that issue reappear on City Council. He had promised it would be back by mid-February.

I have advised panhandlers if approached by police for "soliciting"--whether within 14' of a building, from a seated position, in a group of two or more, or after dark to seek exemption under the special "performer exception".

MC 9.10 (definitions) reads: "A person is not soliciting for purposes of this Chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in appreciation for entertainment or a street performance he or she provides."
 
 


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