So a few days ago I had a slackline setup in Bidwell Park, the same spot I have had it for the last several years.
The cops showed up and told me to take it down.
I asked why I should have to do that and he said, because the residents of the street are complaining about it. He said one person in particular (I’m pretty sure I met the lady) had been calling the mayor’s office almost every day about it last summer. He said direct order from the mayor was no “tightroping” in public parks within the city limits.
I was pretty annoyed by this point in time. He told me that he was under orders to arrest us on first instance but was letting me off with a warning.
Personally, I think he was bullshitting. I asked him what law I was breaking several times and he told me, “you don’t have to break a law for me to arrest you”, if people complain, I can make arrests.
Eventually he told me he would arrest me for “having a performance without a permit”.
There were about 10 girls hula hooping across the street and a bunch of hippies playing the bongos, but that “performance” was apparently not an issue.
He later told me if I applied for a permit there was “no chance in hell I’d get it”
I’m not trying to rustle any feathers, and there are other spots I can do this, but it just seems like SUCH utter bullshit. I mentioned it to my lawyer and he said if I got arrested for it he would represent me for free, but I feel like that just wouldn’t go well.
319-1License required.[Amended 12-9-2003, effective 12-19-2003]
No person shall perform magic, act, sing, dance, play music, act as a mime, juggle or engage in similar entertainments upon the streets, sidewalks or other outdoor public places of the City without first obtaining a license to do so from the Commissioner of Permit and Inspection Services.
^lol…better not throw a frisbee around then. I would A) apply for the permit, if obtained slackline all day in the same spot. B) Claim it’s not a performance, but it’s exercise.
If you want you can probably do it in Front Park by the peace bridge. Just watch for crack heads and crazy drunk puerto ricans.
While I have nothing to add about the legality of the matter, as a resident of the exact area in question, it EXTREMELY irritating to know that they will take issue with the “performances” but turn a blind eye to the unwanted foot traffic, substance usage, vandalism, and other various issues that perpetuate summer crime in the area…The only issue we don’t have there is people playing sports, slacklining, hula hooping and music…all of which im sure they are trying to eliminate.
I would be interested to know what that resident in question’s actual complaint was. I know a LOT of the residents are complaining of the crime the park brings, but it seems completly unrelated to innocent day time activities like this.
It looks like they added that reg in 2003 and kept it really vague just so they could use it in situations like this. If someone complains enough about the hippy drum circle my guess is they’ll use the same “public performance” nonsense. There’s a good chance the whole statute could be found invalid for being so vague but someone would have to fight it through the courts.
I assume your equipment is properly padded so it’s leaving no marks on the trees? The slightest bit of damage and the city will have a better angle to shut it down. My guess is she’s complaining you’re damaging the trees.
Basically you’ve run into a common NIMBY issue (where are out of control in WNY especially) where someone complained enough that city hall wants to just kick you out so they don’t have to deal with the complaints every day. They figure you’ll fold and it will be easier than having to come up with actual slacklining guidelines for public spaces like some other cities have done.
First thing is that you need to have at least one camera rolling the entire time. I would recommend more. IF you don’t mind getting arrested go there and go about your business with a couple people ready to film AFTER the cops show up. Do not have them filming prior to the police as it could then be construed as a performance.
I would check with the lawyer as to whether the act of a performance without a permit is an arrestable offence or just a ticket. That will matter as to your confrontation with the police. If possible while you are talking to the police have someone taking down the slackline and simply ask him if you are being detained or if you are free to go. If you are not in direct violation of a law he can not detain you, also you do not have to provide any form of identification if you are not being detained on suspicion of a crime. There are a lot of ducks to get in a row but I am sure that you would do just fine challenging them so long as you know the laws better than they do. The mayor can not just decree things to the police and uphold them as law. They have to be part of the city statutes and on the books afaik.
Any violation of any law can be be met with an arrest no matter how small if the cop REALLY wants to make your day hell. Not sure where people are getting their information from
My first step is going to be filing for a permit just to see what happens. I could be extra smug if they showed up to hassle me again and I bust that out.
I think I’ll need to use some creative wording on the permit. Slacklining or tightroping might set off some flags. Balance exibition might work.
There is actually a juggling crew that meets in delaware park… I wonder if they have a permit.
just FWIW, a law enforcement officer has to have probable cause of you violating the law to make an arrest. the whole “i can arrest you solely based on a complaint is BS”
if you have some time on your hands…continue slacklining… if you get arrested, make NO statements to the arresting officer, get a lawyer, and sue for violating your 4th amendment rights(unreasonable seizure) Just make danm sure there is no state/local law that prohibits slack lining in a public location.
