Musician arrested after cop reads law saying he's legal

[Chris0nllyn]

A subway busker was arrested for loitering after a confrontation with an NYPD officer over whether or not he was allowed to be performing. The incident happened at the Lorimer Street / Metropolitan Avenue station on the southbound G train platform around 1:30 a.m. on Friday.

The video starts with busker Andrew Kalleen, 30, already arguing with the officer over whether or not he is allowed to be performing there. "You just need to know the law," Kalleen says to the officer while begging him to read MTA's own "Rules of Conduct" about the matter. As onlookers shout, "we have bigger problems in New York City than someone playing guitar," the officer eventually reads the relevant section of the rules (Section 1050.6c, which Kalleen wisely seems to have memorized) from a phone:

Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations

The onlookers clap at the end, but the officer is unmoved, insisting that Kalleen needs to leave: "Being ejected doesn't mean you're arrested, it means you're getting thrown out of the station."

Kalleen goes back to singing Pink Floyd's "Wish You Were Here" for a bit before the officer shuts him down.

Kalleen briefly starts singing again when the officer walks away before returning with several other cops. The officer takes the guitar off of Kalleen, hitting him in the face in the process, then arrests him. Onlookers loudly boo and start yelling "#### the police," as Kalleen is taken off.

An NYPD's spokesperson tells us that Kalleen was playing guitar, singing and accepting donations "without permit of permission" from the MTA. Because he is a "transit recidivist," which the spokesperson explained as someone having an open ticket or warrant, perhaps related to turnstile jumping or a similar offense—he was arrested and charged with loitering. There was no mention of him impeding transit activities.

http://gothamist.com/2014/10/19/video_subway_busker_arrested.php

 

[dave1959]

Looks to me like the cops were right, What's the problem...???

 

[Hodr]

I think the point was that the officer read the relevant law, which specifically states that Artistic Performances that accept donations are allowed, then proceeded to arrested him anyways. The fact that they later determined the man had a warrant(s) really has nothing to do with this situation.

If they had asked his name (which you are by law required to provide to police), had run it, and then arrested him for open warrants, that would have been a completely different story.

 

[dave1959]

My take is that "when the officer walks away before returning with several other cops" he got more info and that's when he was arrested. Maybe one of the other cops knew him or his situation.... too much info missing from this story.

 

[Dondi]

Nah, it looks to me like the cop was just being a douche, especially when he took the guitar off him in the middle of performance, twice. The musician was clearly right according to the ordinance. It's like the cop knows like he's been bested and can't do anything about it, except physically stop him. Cops can be stubborn that way even if they are in the wrong, lest they appear weak somehow. He looked particularly annoyed when people started tossing donations in his case, which prompted him to take action. It's a cop-bullying, power-exerting attitude, that's all.

What's worse is that this cop tells the crowd that it's none of their business. BS! We taxpayers pay the police to protect the law, and therefore have a say in the matter, especially when someone hasn't broken it.

I mean, seriously, don't the cops have better things to do.


BTW, there is a follow-up article here:

Subway Performers Hold Press Conference To Protest Arrests

http://gothamist.com/2014/08/12/subway_performers_nypd.php

 

[SG_Player1974]

And itsrequired shows up to defend the cops actions in 5...4...3...2........