Tag: Gay Street

bookmark_borderWar On The Homeless

Posted on by admin

By Citizen of Orange County, Florida and Staff Writers

So now that I am emailing and writing Police departments and District Attorneys’ offices, is my freedom and life in Danger?

A resident of Orange County is asking the same questions as a resident of West Chester, PA — are the police and business owners using unconstitutional laws to commit hate crimes?

The Orange County Police Departments have a war on the homeless going on. The Police are having an influence on City Council meetings to the point of passing Unconstitutional laws against the Homeless People. No RV Parking in Dana Point and San Clemente city limits. How Quaint!

The wealthy people that live along the Beaches pay too much property taxes, for the God given land. Looking and seeing that many homeless, and weekenders have no choice but to sleep in their vehicles, due to, no vacancy in campgrounds, hotels, motels, and other dwelling places on the weekends.

Many of the wealthy residences that own houses on the beach, limit beach access.

The West Chester Borough Council is trying to pass yet another unconstitutional law that would allow them to arrest street musicians: West Chester Plans to Restrict Singing & Dancing,

bookmark_borderWest Chester Noise Ordinance

Posted on by admin

by Staff Writers

MOTION TO DECLARE WEST CHESTER ORDINANCE § 73-1 B (1) (B) UNCONSTITUTIONAL

WEST CHESTER, PA — The West Chester Borough Noise Ordinance is being called into question after several West Chester Police officers have used the ordinance to justify harassment, hate crimes and civil rights violations against street musicians.

Over the past several months, two musicians have been physically assaulted and arrested by West Chester Police Officers. Scores of other citations have been issued under the Borough’s noise ordinance.

One citizen who has been cited on three different occasions, was not even playing music or making noise. The individual was found not guilty in all cases, but suffered financial loss in fighting the corrupt police officers. The same person has been stalked, harassed and threatened by police officers for having filed complaints against the police officers.

On October 5, 2016, the defendant was found not guilty of a noise violation in the Court Of Common Pleas. Part of the trial included a motion to dismiss:
“The ordinance is overbroad, on its face and as applied to defendant in that it prohibits constitutionally protected expressive activity.”

The lawyer for the defendant brought a guitar into the courtroom and proved it was impossible to play the guitar under the ordinance.

“The ordinance violates the freedoms of expression as guaranteed by the First and Fourteenth Amendments to the United States Constitution and Article 1 § 7 of the Pennsylvania Constitution.”

After the hearing the Judge said, “I wish I could have found him guilty, so that I could rule on the constitutionality of the ordinance.”

More on Harassment, Civil Rights Violations and Hate Crimes in West Chester, PA

bookmark_borderWest Chester Attempts to Regulate Free Speech

Posted on by admin

by C. Moore

WEST CHESTER, PA — At the second public hearing for a proposed ordinance to regulate street performers, the problems with creating a law that violates the Constitution of the United States became increasingly apparent. In fact, the ordinance is so problematic that a third public hearing has been scheduled for October 18 at 6PM.

Police Chief Scott Bohn and Mayor Carolyn Comitta
Police Chief Scott Bohn and Mayor Carolyn Comitta

At the request of the Borough, Police Chief Scott Bohn tried to explain why the ordinance would help the police. Part of the reason they are trying to pass this ordinance is because Mayor Comitta and Police Chief Bohn are already embroiled in allegations of hate crimes and civil rights violations against street performers. Two musicians have been assaulted by West Chester Police officers and wrongfully arrested. Dozens of citizens have been wrongfully cited. The proposed ordinance would attempt to legalize criminal activities committed by the Borough Police.

Borough council members held a slugfest for the next two hours suggesting a multitude of changes. Ironically, one of the most significant changes was to the Purpose of the ordinance, changing “the Borough Council therefore seeks to encourage such performances” to “the Borough Council therefore seeks to regulate such performances”.

Eventually, comments by the public were heard. The overwhelming majority of the comments were against any attempts to regulate free speech; however, a couple of music haters did voice their opinion.

The West Chester Business Improvement District (BID) executive director, Malcolm Johnstone has been accused of committing hate crimes and civil rights violations; nevertheless, he stated his support for the ordinance.

Residents Boycott Penn's Tavern
Residents Boycott Penn’s Tavern

Only one business came out in favor of the ordinance. The owner of Penn’s Table Restaurant complained that the artists blocked the public right-of-way. The audience found this quite hypocritical since Penn’s Table Restaurant’s customer seating on the sidewalk impedes the public thoroughfare on a daily basis.

Comments against the ordinance came from a wide array of artists, performers and fans. A songwriter and arranger (who has written hundreds of songs at the corner of Gay and Church Streets) voiced his concern about police mistakenly accusing him of performing. He then presented pages of unsolicited signatures from individuals opposed to regulating the arts.

After the meeting the resident stated, “If you want to see me perform, I get on stage and you have to buy a ticket. ‘Street Performance’ is an oxymoron.”