Southeastern NC's Political & Economic Opinion Arena
Cop + Guitar + $15 Permit = Lawsuit?
Star News Article Link
From the Star News: "Joshua Swing was jailed this week for playing a guitar in an unauthorized area on the Boardwalk and resisting a Carolina Beach officer who told him to stop.
Earlier this summer town officials restricted where performing artists, also known as buskers, can set up in the Boardwalk area. Swing was not in one of the designated areas, but a local art shop at the forefront of the issue says his performance should be protected by the First Amendment.
A Carolina Beach police officer patrolling the boardwalk about 4:30 p.m. Tuesday approached Swing as he strummed on his guitar and asked if he had a permit to play music there.
Swing did not, and he refused to move after the police officer asked him to do so."
From the Star News: "Joshua Swing was jailed this week for playing a guitar in an unauthorized area on the Boardwalk and resisting a Carolina Beach officer who told him to stop.
Earlier this summer town officials restricted where performing artists, also known as buskers, can set up in the Boardwalk area. Swing was not in one of the designated areas, but a local art shop at the forefront of the issue says his performance should be protected by the First Amendment.
A Carolina Beach police officer patrolling the boardwalk about 4:30 p.m. Tuesday approached Swing as he strummed on his guitar and asked if he had a permit to play music there.
Swing did not, and he refused to move after the police officer asked him to do so."
Views: 9
Replies to This Discussion
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Permalink Reply by Ben McCoy on -
This is ridiculous. This was not a proportional response. The cop could have simply taken away the guitar and written the guy a ticket; he could have claimed the guitar when he paid the ticket. End of story. This guy was not a threat in any way to this officer, and for him to use that kind of force is absurd.
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Permalink Reply by Erlkönig on -
I have a theory about crap like this. Cops would love to bust real criminals, not pseudo-criminals (playing guitar without a permit). And when they do bust murders, rapist, robbers, and muggers here comes the ACLU whining about the criminals civil rights, here comes La Raza and CAIR whining about profiling, Then the President may need to step in and call the actions of cop as “acting stupidly”. All the while towns are passing petty laws like no public guitar playing for tips without a permit.
What’s a cop left to do? He’ probably dying to kick some serious criminal butt, but he gets burned every time he tries. This is the all "crime" he has let to fight. I think this more of a symptom of the actions of the various criminal, pedophile, terrorist advocacy groups like the ACLU. Throw in some dumb ordinances and here’s what we get. This crap!!!!
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Permalink Reply by Lee on -
I've watched this thing a couple of times and to be honest this looked to me as nothing more than a setup trying to get the cop to use unreasonable force.
I agree what the cop did do was a bit over the top and rather ridiculous but it looks to me like the guy was trying for something like that especially since it was being filmed before the cop got there. I personally think the guy got what he deserved. The law on that stuff is plain and if he was going to break it on purpose he is lucky he didn't get tazed on top of it. If he hadn't had his little collection container there the cop wouldn't have been able to do anything to him. Just setting on a bench playing music is not illegal unless you are also trying to collect tips.
Now, having said that don't the cops around here have any kind of minimum physical requirement? Blubber boy has had far too many doughnuts from the looks of him. There is no way he could chase a real criminal more than a block!
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Permalink Reply by Ben McCoy on
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I think it was a setup. I think the guy was being incredibly obnoxious not moving on when he was asked nicely to do so. This guy seems to be an instigator, and was willfully disobeying orders.
That said, he didn't deserve the amount of force that was utilized. The rules are very clear - proportional force unless the threat of bodily harm is imminent. Period. No one can claim that there was any threat of harm to the officer.
He should have simply done what I proposed in the first comment. This cop's ego needs to be in check - it's clear to me that he didn't like someone having the audacity to not do what he said, and so he was going to kick him some ass.
Lee said:I've watched this thing a couple of times and to be honest this looked to me as nothing more than a setup trying to get the cop to use unreasonable force.
I agree what the cop did do was a bit over the top and rather ridiculous but it looks to me like the guy was trying for something like that especially since it was being filmed before the cop got there. I personally think the guy got what he deserved. The law on that stuff is plain and if he was going to break it on purpose he is lucky he didn't get tazed on top of it. If he hadn't had his little collection container there the cop wouldn't have been able to do anything to him. Just setting on a bench playing music is not illegal unless you are also trying to collect tips.
Now, having said that don't the cops around here have any kind of minimum physical requirement? Blubber boy has had far too many doughnuts from the looks of him. There is no way he could chase a real criminal more than a block!
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Permalink Reply by Maxx Kazoo on -
Kojak Lives!!!!
I'm glad they arrrested that hardened criminal before he hurt someone with that guitar.
Welcome to f'KING Mayberry NC.
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