Freedom of Expression & public jamming in Seattle

Subject: Freedom of Expression & public jamming
From: reggie miles
Date: 23 Feb 22 - 11:28 PM

Winter Grass, an event that has supported a decades old tradition of jamming, is now demanding that those who engage in jamming at the event pay a $10 fee to do so! This event, which claims to honor musical tradition, has just decided that tradition means nothing, when it comes to illegally fleecing musical artists for the almighty buck.

For those of you from other parts of the world, here's the thing. The main ground level north/south walkway is considered an indoor public street. By charging a fee, the event's management is purposely ignoring the laws in place, regarding the unconstitutional act of restricting First Amendment rights on public property.

They cannot, under law, dictate or restrict the manner in which anyone engages in their First Amendment rights on public property. Freedom of Expression is a right on public property. Charging a $10 fee to engage in our First Amendment right to Freedom of Expression on public property was deemed unconstitutional by the U.S. Court of Appeals for the Ninth Circuit in 2009. Yet, that is what they (Winter Grass) are determined to try to get away with.

This event's lawlessness by engaging in unconstitutional activities is more than a mere affront, it is disrespecting those who gave their all to secure the rights and freedoms we enjoy. Consider how many have fought and died to establish our precious freedoms and rights. Yet, this organization sees fit to ignore all of those sacrifices made and the countless lives lost, to establish our freedoms and rights and instead, act like petty dictators. Why? Just so they can fatten their wallets.

Berger vs The City of Seattle (2009) couldn't have made it more plain. When, 9 of the 11 judges hearing the case in the U.S. Court of Appeals for the Ninth Circuit ruled that it is unconstitutional to dictate a means by which someone can exercise their First Amendment rights on public property. But here we go again, with another round of megalomaniacal actions taken by the organizers of yet another event, who have deluded themselves into believing that they possess the right to enact and enforce unconstitutional/unlawful restrictions on Americans engaged in exercising their First Amendment Freedom of Expression rights on public property.

Unless Winter Grass Music Festival would like to take the matter to the Supreme Court, the ruling of the U.S. Court of Appeals for the Ninth Circuit remains the law of the land. Their rulings govern the entire western seaboard of the U.S. and yes, that includes the city Bellevue, where this event will take place, staring tomorrow (Feb. 24th). I invited the event to step down off their high horse and get some horse sense but they have done nothing to right this wrong.

Their greed is all they care about at this point. Though, I highly suspect that if their actions are ignored and they are allowed to abuse our rights in this manner, they will use this lawless power grab to continue to act out unconstitutionally, to further abuse and erode our First Amendment rights.

Subject: RE: Freedom of Expression & public jamming
From: cnd
Date: 24 Feb 22 - 08:09 AM

Sounds like you've got a pretty cut and dry case here, have you brought this to their attention? Perhaps they're unaware of the law.

Subject: RE: Freedom of Expression & public jamming in Seattle
From: reggie miles
Date: 24 Feb 22 - 10:01 AM

cnd, that's the first thing that I did, after hearing about their lawless acting out against our rights. But in typical fashion, they stubbornly refused to do anything to correct their actions. This is not the first Seattle area festival to deny First Amendment rights on public property. I can name five and each one responded with the same level of disinterest in the law. As if to say, lawlessness was their right to exercise. At the same time, they each also exercised illegal manipulation of local police authorities, who worked in tandem with their unconstitutional activities to carry out threats and harassment of musical artists.

Berger V the City of Seattle was a case brought against the city by a street musician, who performed regularly in an area public park, The Seattle Center. The park's management attempted to dictate where street performers could perform in the park, how closely they could perform to others gathering, what performers could verbalize in the course of performance. The City's management team further dictated that performers had to obtain a permit and created a process by which a permit might be obtained. Mr. Berger's case claimed that each of the previously mentioned actions violated his First Amendment right to Freedom of Expression.

The case was first heard in a lower court that ruled in favor of the City. So, Mr. Berger appealed the ruling and won. The City then attempted to bring the case before the Court of Appeals for the Ninth Circuit and suffered a second loss. Their only recourse, should they wish to pursue it, was to take the matter to the Supreme Court but after suffering such an overwhelming defeat in the Ninth, they had no legal grounds to do so. In the course of the City's case against Mr. Berger, they also abused the Ninth's time, by not supplying the court with requested evidence in a timely manner and as a result, they were financially punished. The Court required the City to compensate Mr. Berger to the tune of many thousands of dollars in attorney fees.

One would think that such a stark lesson would resonate with those who would attempt to do likewise. But it seems apparent that those who seek positions of power do so because they lust for more power. And it's abundantly clear that the root of their lust for power can be found in their lust for the filthy lucre it brings them. That is precisely why the organizers of this event chose to abuse our rights to Freedom of Expression. Sadly, the lust for money has been the root of all evil for many thousands of years. Avarice is why our world cannot live together in peace.

The act of playing music together is a healing union of souls, that harmonizes the spirits of those who partake in the act. In these divisive times, our world needs that sort of unity more than ever. What a tragic loss, when our peaceful act of gathering together to play music and harmonize with one another is destroyed by those whose only priority is greed.