Category: music

bookmark_borderWest Chester Passes Unconstitutional Law

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Published on Oct 18, 2016

West Chester, PA — West Chester Borough is already involved in litigation over the constitutionality of their Noise Ordinance. Technically speaking it is illegal to play a guitar in West Chester under the noise ordinance. In fact, you can not play any instrument in West Chester.

This is in direct violation of the Constitution of the United States of America. Specifically, the First and Fourteenth Amendments guarantee freedom of speech and expression.

The new ordinance passed today, October 18, 2016 will violate the Constitution even further by regulating:
acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading aloud, puppetry and reciting.

HATE CRIMES AND CIVIL RIGHTS VIOLATIONS IN WEST CHESTER, PA

Harassment, Civil Rights Violations and Hate Crimes
Swatting, Police Terror, Assault and Wrongful Arrest
Harassment, Abuse and Terroristic Threats of the West Chester Police Department
West Chester Police Officer Gregory Cugino Makes Threats
West Chester Police Officer Gregory Cugino: Intimidation and Harassment
Lt. William Morris, Patrolman Albert McCarthy Jr., Patrolman Gregory M. Cugino, and Corporal Joshua Lee
Cugino Complaint
Gorman Complaint
Lee Complaint (Corporal Joshua Lee 2011)
Sergeant John O’Donnell Complaint
Anthony Marion (Penn’s Table Restaurant) Right To Know
Anthony Marion Criminal Complaint #1
Anthony Marion Criminal Complaint #2
Anthony Marion Criminal Complaint #3

bookmark_borderWest Chester Noise Ordinance

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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 Street Performance Ordincance

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by Daniel Brouse

WEST CHESTER, PA — A second public hearing for a proposed ordinance to regulate street performers was held on September 21 at Borough Hall. Due to the time length of the meeting, a third public hearing has been scheduled for October 18 at 6PM.

The ordinance would regulate “the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading aloud, puppetry and reciting.”

Borough council members spent an hour-and-a-half suggesting changes. 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”. Council members Michael Galey and William J. Scott brought up concerns over unnecessary regulations, redundant regulations and over-reaching regulations. Quite a bit of discussion revolved around applying the regulation to private property. Surprisingly, there was no discussion about how this law would be applied to minors. At the previous hearing, a resident was voiced concerns, “If I’m playing a guitar and children start to dance, are they in violation.”

Eventually, comments by the public were heard. The overwhelming majority of the comments were against any attempts to regulate free speech.

The West Chester Business Improvement District (BID) executive director, Malcolm Johnstone stated his support for the ordinance. 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.

Comments against the ordinance came from a wide array of artists, performers and fans. Tom Wagner, Esquire, stated his opposition to the ordinance based on The First Amendment. Virginia Schawacker, director of Shaw Strings, voiced her concerns about regulating musical performances especially when on private property. Tony Webb has an architectural firm on Church Street and talked about his support for the music. A variety of musicians and students from West Chester University spoke out against the ordinance. Brad Rau, who holds a masters degree in classical guitar and teaches in West Chester, created a petition in support of the arts. The petition with hundreds of unsolicited signatures of citizens against regulating the arts was presented.

The discussion will continue in October.