The Law

 

 

 

The second most common question I get is, “Do you need a permit?”  In Boston, yes. If things haven’t changed since I was there*, you just go to the main office downtown and register. They give you a list of regulations, you sign your name, and out you go. Free of charge.

 

     In New York City, you don’t need a permit. But - and it’s a very big but - you can’t use an amplifier and you can’t sell CDs. If you do, you will get slapped with a summons.

 

     Seeing how I played in Boston for six years without a single problem, using an amp and selling CDs, I couldn’t bring myself to abide by the law. Needless to say, I ran into a bit of trouble.

 

     I played dumb and got away with warnings. Soon though, tickets started piling up. $25 for using an amp, $50 for selling CDs. Not every cop enforced the law, so I took my chances. If and when I got hit, I eventually paid them as if it were dues.

 

     For a while things seemed manageable. That is until I had the pleasure of meeting officer Duran. He was the head transit undercover cop. Now retired, he was a zealous, “by the book” cop. He was notorious amongst buskers as the guy you don’t want to mess with. The first time he caught me, he threatened to arrest me. I was stressed. His presence was very intimidating. Fearing the unknown, I lost sleep at night.

 

     To make a long story short, he busted me. He was so over the top, frisking me and all, his partner apologized as they were cuffing me away. I was processed, then sent to the “tombs” on Centre Street, where I spent an entire weekend.

 

 

     In some ways I feel I could write a book about my experiences in jail. Having survived the ordeal and everything that lead to it, I’ve become a little more comfortable in my skin. Suffice to say, I learned a lot about myself, a lot about human nature, the system, and how to smuggle cigarettes.

 

     The second time he arrested me, I strutted back to my cell and waited patiently.

 

     Had I pleaded guilty, my record would have been cleared in six months. Instead I went to criminal court for a year and a half, and sat through countless hours waiting for my nemesis to show up. This long drawn out process was engineered to bore me into submission. The system didn’t expect me to hold out that long.  As a result, they dismissed my case. On the advice of my lawyer, I could have conceivably sued. I just wanted to play in peace.

 

     By now most cops have gotten to know me. When we see each other underground, we smile and nod.

 

*Upon printing of this CD, a battle ensued over harsh legislation that was to be enacted December 2003, seriously compromising Boston’s rich tradition and community of buskers. Touted as necessary post 9/11 security measures, bureaucrats were going to ban all amplification, a variety of “loud” instruments, impose a dress code, and require all buskers to purchase an I.D. for $25. Fortunately, “the people” spoke up, and “the man” backed down considerably. Dress code?.. hmm? Reeks to me like quality of life fascism more than public safety. To curmudgeons out there: We don’t terrorize, we humanize.