need help finding citations

[magicchance]

I am a street performer.

I already know that what I do is protected under the 1st Amendment and heaps of case law.

But where ever I go I constantly encounter civil authorities who insist on telling me that it is illegal to be a street performer in their fair City. Some I have brow-beaten into submission, others have jailed me (twice).

There are 3 very well-known and oft-cited reference cases which cover most of the issues at stake, and I already know these by heart. But it would seem I need more.

I keep hearing about the cross-referencing abilities of Lexus, et al, but I have never seen it for myself. Can anyone help? If I supply you with the 3 cases I just mentioned, can you help me create a list of related cases?

And any other advise on how to deal with small-minded mayors and police chiefs would also be greatly appreciated!

Chance

 

[HomeGuru]

Dear Second Chance;
Are you trying to make us go back to law school professor?
And I looked at my friends Lexus and cross-referenced it to Toyota but no legal stuff was noted.

I know of a case and will need to check for you to see if it fits your particular circumstances. Tell us exactly what it is you perform ie. what do you wear, what do you do, do you use any musical/magical instruments, use any animals, do you talk, sing, involve the audience, is this a solo gig, where do you perform and do you block pedestrian walkway thoroughfares, etc.

I don't mime helping you at all.

Signed,
Talkin it to the Streets
aka Roadkill

 

[magicchance]

Guru, thanks for your interest... but the quipish nature of your reply makes me wonder if you are taking me seriously? Rest assured, as one who has been jailed TWICE for simply performing free street shows, that *I* am certainly taking it seriously!

Over the years I have easily spent 300 hours reading up on the subject of the 1st Amendment and Free Speech (generally) and Street Performing (specifically). I already have, as I mentioned earlier, 3 VERY well-known citations in hand, the earliest being from 1977. What I do not have is a comprehensive listing of all the cases which these 3 have impacted and/or been quoted from since 1977. I have been told that Lexus or Nexus (?) or someting similar is the ticket, but that access is strictly regulated to attorneys.

If you can help, I would be extremely grateful. If you think I am not being serious or that this is some kind of spam letter, I invite you to visit my professional website at http://www.magicchance.com

Thanks in advance to all takers and helpers!

Warmest Holiday wishes,
Chance

 

[HomeGuru]

I find it amusing that you would even take chance at asking me if I am being serious. If by chance I was, do you think that your questioning me might somehow lose your chances of receiving my help? You may be playing a game of chance, Chance. What if I said, "you want my help? Fat chance?"
Since I am a nice guy, I will give you another chance. Well it just fits your stage name so perfectly.

Before you wave your magic wand again, take a look the number of posts under my name. I pride myself on the fact that I have been helping numerous posters and imposters on this website. I have spend more than your 300 hours. If you want to second guess me, that's fine for you will not be presenting any doves out of this hankie.

And your next trick is?

 

[I AM ALWAYS LIABLE]

A Mime Paradox

My Constitutional question:

If police arrest a mime, do they tell him he has the right to remain silent?

IAAL

 

[HomeGuru]

Re: A Mime Paradox

My Constitutional question:

If police arrest a mime, do they tell him he has the right to remain silent?

IAAL

HomeGuru response:

Yes, they are required to by lawbut only via sign language. They also must advise him that he is under house arrest and he can not leave his box even if he sees a window of opportunity. A mime is taught to always remain silent to avoid possible sef-incrimination.
If a mime gives the police officer the one finger salute, would that gesture be covered under the US Constitution First Amendment freedom of speech?

 

[HomeGuru]

SCENE: LB, while walking with his mime through the red light district, gets stopped by a hoodlum with a gun.

Hoodlum: Ok guys this is a stickup. And tell that mime of yours to stop moving around. Don't you practice mime control?

LB: I'm not a mime reader. Why don't you mime your own business. Can't you see he's having an out of mime experience?

Hoodlum: Hand over your money or I'll blow your mime.

LB: a mime is a terrible thing to waste.

 

[I AM ALWAYS LIABLE]

My response:

I think all three of us have been on these Boards just a little too long . . .

It's time for a Tahitian get-away !

IAAL

 

[LegalBeagle]

I think since we are the top three posters that freeadvice.com should pay for a long weekend break for us all. Otherwise we take our 'clients' to some other board!

 

[magicchance]

Excellent! Now there are three of you to abuse with my situation!!

It took me a little while to locate the paper envelope within the little box within the larger box somewhere on a shelf somewhere else.... but, here they are, the three promised references. Have a ball:

Goldstein v. Town of Nantucket
477 F. Supp., 606, (1979)

Davenport v. Alexandria, VA
683 F2d 853 (1983)

Friedrich v. Chicago
619 F. Supp., 1129 (D.C. Ill 1985)

For anyone willing and able to help with this, please note that I am already familiar with the background of all three cases; in two of them I know the litigants personally.

What I do still need, however, is references to any and all similar cases in which these three were mentioned as precendent. There are rumors that since 1979 about 200 cases are somehow joined with these three. Obviously this is too much, so I am only asking for 15 or 20.

Please feel free to email me directly with your questions and/or search results: [email protected]

And it was also good to see that my thread got you started laughing and making jokes. It is my job, after all.

All the best,
Chance

[Edited by magicchance on 12-18-2000 at 04:46 AM]

 

[I AM ALWAYS LIABLE]

My response:

You should be researching these cases yourself at a law library. Most law libraries are equipped with Lexus research tool. You pay for your time on the computer - - it's not free.

We're not here to do research assignments. You see, we have our own law offices and we do this for a living. Your issues are not as important to us as they obviously are to you, and we have no intention of spending "300 hours" like you have without compensation.

Sure, we'll answer questions, but we're not going to go crazy for a poster who's not a paying client. Your subjects and issues, while important for you, are extremely complicated and would take reams to discuss, and more hours than we would ever spend with a single poster on the Boards. These Boards were never meant for such complicated and time-consuming issues.

Good luck to you, Chance.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-18-2000 at 03:52 PM]

 

[HomeGuru]

I agree with IAAL.

What I can offer is some info on 2 cases in Hawaii. Both involve a street performer by the name of Sunny Beethoven (real name Steve Sunn) who played on the streets of Waikiki for 20 years. He was arrested 14 times in one year and it was alleged that the police smashed his saxophone, stole his keyboard etc. His attorney was Jack Schweigert and I believe it went up to the Federal Court and the City of Honolulu was ordered to pay him a $45.00 fine.
Then the ACLU got involved and filed a civil suit. http://www.aclu.org/n062900b.html

[Edited by HomeGuru on 12-18-2000 at 04:52 PM]

 

[magicchance]

It is now obvious to me that neither one of you have taken the time to read, really read, my first two letters on this thread. You have, however, gone to extreme lengths to make me feel stupid for ever having asked for your help.

I would gladly challenge either one of you to a face-to-face discussion on this specific topic. I am positive that I would have no problem wiping the floor with you. On the other hand, I am not, nor have I ever been, a law student - which is why I was asking for help in the first place.

It is now brilliantly clear to me that what these boards are in actuality are nothing more than a cheap - hell FREE - client referral base for you resident ambulance chasers.

AND furthermore, it seems I am the only one here able and willing to identify himself. My name, profession and website are clearly given below. Stay safe people, stay annonymous!

 

[LegalBeagle]

It is now obvious to me that neither one of you have taken the time to read, really read, my first two letters on this thread. You have, however, gone to extreme lengths to make me feel stupid for ever having asked for your help.

I would gladly challenge either one of you to a face-to-face discussion on this specific topic. I am positive that I would have no problem wiping the floor with you. On the other hand, I am not, nor have I ever been, a law student - which is why I was asking for help in the first place.

It is now brilliantly clear to me that what these boards are in actuality are nothing more than a cheap - hell FREE - client referral base for you resident ambulance chasers.

AND furthermore, it seems I am the only one here able and willing to identify himself. My name, profession and website are clearly given below. Stay safe people, stay annonymous!

Yesterday I posted and helped a person who was in a horrible situation and needed real help. Someone else who was being abused and did not know what to do. HomeGuru and IAAL help similar people everyday despite us all being busy with our own lives and problems. So we use the time that we have to help people with real problems. Your post does not fall under that category. If does however fall under the 'lets poke fun at the funny person' category.

It is nice that you are willing to identify yourself.. but who cares ? You are not going to get 100 emails this weekend from families arguing over who gets the Turkey Legs.

 

[HomeGuru]

magicchance, I do not know what your problem is but in my previous post I provided factual information. The street performer in Hawaii was arrested numerous times and when he finally sued the City, he won. Guess what? The police stay away from him now. I thought you wanted this information.