[Dixielandjazz] Philadelphia Cracks Down on Buskers

[Steve Barbone]

Hey Elazar:

Don't come to Philadelphia and expect top play on the streets. The police
are taking a dim view of street musicians. If they are arresting classical
flute players, jazz banjoists should really beware. :-) VBG

Funny thing about the singer also mentioned in this article is that
Rittenhouse Square has summer concerts sponsored by the local jazz radio
station. I've played several but was never arrested by the police.

Maybe they were placing them under "musical" arrest? Musicians joke line
said to a fellow band mate that throws in a sappy quote while improvising.
Like; "You're under musical arrest".

Cheers,
Steve Barbone

Sunday, July 1, 2007

Flutist sues city over his arrest for playing music on street corner
By Robert Moran - Philadelphia Inquirer Staff Writer.

A 65-year-old classical flutist has sued the city for violating his civil
rights when he was arrested in March for playing his flute at a Center City
corner.

Felix Wilkins alleges in his complaint that he was playing the flute around
4 p.m. at the corner of 18th and Chestnut Streets on March 28 when Police
Officer Scott Wallace ordered him to stop.

Wilkins "asserted his right to play a musical instrument on the public
streets of Philadelphia," the suit says.

The officer then arrested Wilkins for disorderly conduct, handcuffed him,
and transported him to a police station where he was "detained for an
extended period" and then released with a citation.

On May 7, Municipal Court Judge Gerard Kosinski dismissed the case. Noted
civil-rights attorney Paul Messing filed the lawsuit for Wilkins a week
later.

Wilkins' arrest came one day after police arrested Anthony Riley, 20, for
singing in Rittenhouse Square. He also was charged with disorderly conduct
and has a court date next week.

The Riley arrest was part of a controversial crackdown by police on
musicians and performers in Rittenhouse Square based on complaints from
nearby residents.

City Solicitor Romulo Diaz, responding to an outcry from some who called the
Rittenhouse Square crackdown extreme and an infringement of freedom of
speech, said this week that he will take comments next month in an effort to
reach a compromise.

Diaz declined to comment on the lawsuit.