The Mudcat Café TM
Thread #129165 Message #2913314
Posted By: reggie miles
24-May-10 - 03:15 PM
Thread Name: NW Folklife threatens street performers (Seattle)
Subject: RE: NW Folklife threatens street performers (Seattle)
Look at their proposed rules for street performers on their website
http://www.nwfolklife.org/get-involved/street-performers
Then you can read through the last couple of paragraphs of the 5th page of the actual appellate court case here.
http://www.ca9.uscourts.gov/datastore/opinions/2009/06/24/05-35752.pdf
This is a link to the entire court case pdf file but the pertinent info is on the 5th page. It describes the rules that were challenged in court by Michael Berger. If you compare the rules in the court case, which, btw, was won by Michael, to what is being proposed by the NW Folklife Festival you will see some remarkable similarities.
How is it that the festival could have magically chosen some of the exact same rules to enact that the Seattle Center tried to use to restrict street performers. Hmmm, I wonder? Was it because the NW Folklife Festival saw the Seattle Center getting away with using them, so they thought that they perhaps could get away with using them too? What do you think?
Here are some of the restrictions on the NW Folklife Festival site.
The following areas are off limits for street performing:
* Covered walkways
* Within 30 feet of a captive audience
* Washrooms or entrances and exits of washrooms
* Entrances and exits from any facility, door, loading dock, elevator or stairway
* Inside of any building
* The Fisher Green programmed area (the entire block). This space designated as a jamming space.
* In the breezeway between the Alki Room and the Snoqualmie Room
* On the South, East and West sides of the Alki Room
* Handicap access to any location
* Any areas designated by the Street Performer Coordinators as "off limits"
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And below are the rules deemed unconstitutional by the courts. You'll note a disturbing trend being proposed above by the NW Folklife Festival. They are trying to dictate where we can and cannot play on the grounds. The courts have deemed these actions as unconstitutional.
Read the rules below F.5, G.4, and C.5 below. They all pertain to the court having granted our freedom of expression as being unrestricted as to place. Even though the NW Folklife Festival would have us believe otherwise, our freedom of expression cannot be dictated to us by this event. Yet, that is what they are trying to do.
They are in direct violation of the court's decision in this matter and as such in support of denying Americans our First Amendment rights on the grounds of this public park during this national holiday.
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Rule F.1, which requires
"street performers" to obtain a permit before performing at
the Center and to wear a badge displaying that permit while
performing;
Rule F.2, which sets forth the terms and conditions
for acquiring a "Street Performer Permit";
Rule F.3.a,
which bars street performers from "actively solicit[ing] donations";
Rule F.5, which limits street performances to sixteen
designated locations; and
Rule G.4, which prohibits all Seattle Center visitors, other than Center employees and licensed concessionaires, from engaging in "speech activities" within thirty feet of a "captive audience."
Rule C.5 defines a "captive audience" as "any person or group of persons: 1) waiting in line to obtain tickets or food or other goods or services, or to attend any Seattle Center event; 2) attending or being in an audience at any Seattle Center event; or 3) seated in any seating location where foods or beverages are consumed."