Category: crime

bookmark_borderWest Chester Busking “Street Musician” Ordinance

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by Daniel Brouse

WEST CHESTER, PA — West Chester Borough is making noise with their “Busking Ordinance”. The Borough adopted a “busking ordinance” in 2016; however, in 2017 it was discovered the approved ordinance was not the law published as Borough Code. In error, the Borough published the original draft without the major revisions that had been voted into law. The currently published law declares it is against the law to read within 100 feet of a library even with a permit, as well as, many other unconstitutional requirements.

On March 27, 2017, the Borough was contacted, and Borough Manager Michael Cotter stated, “The correct version is in the process of being posted.”

During August and September our office was contacted about several incidents of West Chester Police Officers enforcing the erroneous Code.

On September 27, 2017, the Borough was again contacted:

Dear Mr. Cotter,
Quite some time has passed since the Borough published the wrong “busking ordinance”. ( http://ecode360.com/31784800 )
On March 27, 2017, you (Borough Manager Michael Cotter) stated, “The correct version is in the process of being posted.”
Since that time reports of rogue police officers trying to enforce the wrong law have surfaced.
Your prompt attention to this matter would be greatly appreciated.

As of publication date, we have not received a reply.

Look back in time:

West Chester Outlaws Singing, Dancing and Pantomime March 27, 2017
West Chester Busking Ordinance Monday, September 19th, 2016
West Chester Busking Public Hearing Monday, July 25th, 2016
West Chester Borough Petition Against Busking Ordinance Saturday, July 16th, 2016
West Chester Busking Ordinance Borough Council Saturday, July 16th, 2016
West Chester Borough Busking Ordinance Saturday, July 9th, 2016
West Chester Busking Ordinance
West Chester Borough Busking Press Release
Letter To West Chester Borough

bookmark_borderOcean City NJ Police Misconduct

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Ocean City Police Officer T. Kuddar
Ocean City Police Officer T. Kuddar

August 10, 2017
OCEAN CITY, NEW JERSEY — Special Police Officer I, T. Kuddar, committed a civil rights violation on the Ocean City Boardwalk at approximately 6:10PM. Officer Kuddar violated a songwriter’s First Amendment Rights when he told the musician, “You can not play the guitar on Thursdays.”

The songwriter was not soliciting money or busking. Simply strumming an acoustic guitar, the songwriter was forced into silence. A second armed officer assisted Kuddar.

The Federal crime committed by Officer Kuddar is under investigation.

bookmark_borderWest Chester Outlaws Singing, Dancing and Pantomime

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WEST CHESTER, PENNSYLVANIA — The West Chester Borough Council illegally enacted an unconstitutional law that restricts:
acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art, and reciting.

In July, September and August of 2016, Borough Council held public hearings to discuss a proposed busking ordinance.

After much discussion and debate, the Borough’s legal council stated many changes had been made, including:

  • The removal of sidewalk chalk, reading and pantomime from the list of restricted activities
  • Busking would only apply to performers soliciting money
  • The ordinance would not apply to private property

However, the new ordinance was not advertised and was incorporated into Borough Code without incorporating the voted upon changes.
Read the West Chester Busking Ordinance (pdf)

The ordinance completely bans performance art without a permit. For instance, if you allow a 5-year-old to color with chalk on the sidewalk without a license, you both will be breaking the law. If you obtain a license to perform music and kids start dancing, they will be breaking the law. If you write music without a license and kids start dancing, you all will be breaking the law. Should you and your friends attend a peace rally or sporting event and sing the “Star Spangled Banner”, you will be breaking the law. You are not allowed to read the busking ordinance without a permit.

Many performances are even banned if you have a permit. Under no circumstances can you read within a 100 feet of a library. Choirs are banned from singing within 100 feet of a church. No pantomime or magic is allowed near a hospital.

Two businesses (Penn’s Table Restaurant and Malena’s Vintage Boutique) along with the West Chester Business Improvement District (BID) appear to be behind the illegal passing of the unconstitutional law. Concerned citizens are boycotting these establishments.

On March 27, 2017, Borough Manager Michael Cotter stated, “The correct version is in the process of being posted.”

Related Articles:
West Chester Borough Busking Ordinance
Saturday, July 9th, 2016

West Chester Busking Ordinance Borough Council
Saturday, July 16th, 2016

West Chester Borough Petition Against Busking Ordinance
Saturday, July 16th, 2016

West Chester Busking Public Hearing
Monday, July 25th, 2016

West Chester Busking Ordinance
Monday, September 19th, 2016