Today, while selecting an area to share some music, on the street in the Fremont neighborhood, I was asked not to play on the public sidewalk where I wanted to perform and instead was told, by two youngsters, that there was a designated area set aside for street performers just down the street. I explained, as patiently as I could, the law. First, regarding the fact that the City of Seattle has declared it legal to perform on public property within the city limits without any restrictions. I then shared the results of the 2009 lawsuit brought against the City of Seattle by street performer Michael Berger, where 8 of the 11 judges that heard the case in the Ninth Circuit Court of Appeals stated that restricting First Amendment rights to freedom of expression on public property is unconstitutional, specifically, restricting one can exercise their First Amendment rights. He countered with, We have rules, like the Pike Place Market. I then explained that that market was deemed a historical district and that the Fremont neighborhood was not. He then replied something to the effect, We host this weekly event and have the right to control what happens here. I agreed that they had the right to host their event but no contract regarding the use of public property gave them the right to restrict First Amendment rights to freedom of expression on that public property.
Posted on: Mon, 25 Aug 2014 04:35:00 +0000
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