Over the weekend, Andrew Kalleen was arrested for singing and strumming his guitar in a subway station despite the fact that the New York transit authority allows artistic performances (and the collection of tips) in such locations.
And the whole incident was caught on camera, including the moment when Kalleen cited to the police officer the section of the MTA rule that gave him grounds to stand there and keep singing.
Section 1050.6c of the MTA’s “Rules of Conduct” says:
Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations.
So why the arrest? Well, according to Huffington Post, arrests like this aren’t all that unusual. The theory goes that some cops, perhaps confused by discrepancies between local and state laws, or perhaps because of pressure from the police commissioner to crack down on panhandlers, overstep their bounds (umm… the law) in order to boost their ticket and arrest stats. (Anyone re-watched The Wire lately?)
Anyway, what do YOU think about this situation? Should Andrew have just packed up his guitar and headed home? Or was he justified in his refusal to comply with the officer’s request? Should the officer have backed down? Let me know in the comments below.
And if you plan on busking, check out these articles first before you hit the streets (or subway stations) with your instrument and songs:
Source:: DIY Musician Blog