The best place to come to for legal advice is the internet so...

[boardjnky4]

They should be thanking reasonable for taking up such activities in their parks. Sadly, the neighbor probably just hates your tattoo and woman jeans.

Buffalo, one step forward, two steps back.

[LZ1]

If this was California there would be full blown protest shutting everything down.

[ProgRocker]

@tpgsr

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.

While this maybe true, I would figure on the cops tossing him in the car and making up a charge later. I.E. damaging the trees or some other “SERIOUS” offense.

• • • Updated - - -

@LZ

If this was California there would be full blown protest shutting everything down.

Have you been following the “protests” against tech bloggers, employees, and companies out in California…if you think this lady is nuts. Jesus Christ.

[Motocrossx23]

Someone should set up a full size trampoline.

[tpgsr]

@ProgRocker

While this maybe true, I would figure on the cops tossing him in the car and making up a charge later. I.E. damaging the trees or some other “SERIOUS” offense.

Thats what all of the cameras are for. Cameras tend to keep the cops honest.

[neonglh]

@snowracer101

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.

This is why asking the internet for legal advice is bad…

A visual observation from an officer IS probably cause. If an officer witnesses you doing something that you need a permit for, you can be arrested. The lady calling it in just brought it to their attention. You can not sue for unreasonable seizure, as it is an offense witnessed by an officer. There is no unreasonableness there (other than the law itself). 99.9% of violations are given appearance tickets, not arrests.

With that said “you don’t have to break a law for me to arrest you” is true, but mostly a technique to scare you. An example of this is being arrested and then being found not guilty. They can also do investigative detentions, but that is not really applicable in this situation.

• • • Updated - - -

@05OrangeSS

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

This. Most violations are just appearance ticket, unless the officer has some reason to believe the person won’t show up in court, such as a history of not showing up, etc. Even a violation, which is not a criminal offense, can still be punishable by a maximum of 15 days in jail. That is basically NEVER done though. Trespassing is a good example, and is often met with something along the lines of a $40 fine.

[BOBBYGRV]

You can do anything you want in Buffalo, as long as you have enough money to convince them to let you.

I’d be willing to bet that they would issue you a permit, but they aren’t going to make it easy or cheap for you.

I hope they issue one to you with very little resistance because this whole situation seems quite petty to me.

Sent from my iPhone using Tapatalk

[1QIKZ]

Carry a box of powdered donuts with you. If they hassle you again, rip open the box and throw it up in the air. This should give you a minimum of 12-13 minutes to gather your equipment and escape arrest.

[reval]

Nyspeed slackline meet?

[Onyx_Z32]

Can you get a “performance” permit for the whole summer? Or will they only issue you one for one day?

[ProgRocker]

@reval

Nyspeed slackline meet?

I’ll be there…except I’m bringing my hula hoop

[Blue_Eyed_Devil]

Nyspeed circus? We all do our own performance.

[tpgsr]

@Onyx Z32

Can you get a “performance” permit for the whole summer? Or will they only issue you one for one day?

Performance permits are issued on a 12mo basis in the city. They are vulnerable to restricted spaces which is not provided until you pay the 175 filing fee.

[slo_ride]

would putting up the slack line without using it be considered a performance?

[boxxa]

@newman

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.

You need to display it all the time while performing. Also, I think it is like $10 bucks for a year.

[JustinH]

Another reason to get out of buffalo I suppose.

I walk around the parks here and people do whatever they want, and nobody is bothered.

[bing]

if you have to display it i am sure there is someone here that would be willing to stand holding it above their heads for your entire performance.

if the permit is reasonably obtainable that is the best way to go.

[Carbonfiberhooded]

Maybe spinning it as a performance wouldn’t be bad. Come up with a nice wordy description of the skill and uncanny balance of the performer, etc. if you construed it correctly, whatever permit issuing body there is might actually embrace the idea of performances in the city parks.

Then again, they might only allow it during your hours off performance. Not when you just feel like doing it.

[snowracer101]

@neonglh

This is why asking the internet for legal advice is bad…

A visual observation from an officer IS probably cause. If an officer witnesses you doing something that you need a permit for, you can be arrested. The lady calling it in just brought it to their attention. You can not sue for unreasonable seizure, as it is an offense witnessed by an officer. There is no unreasonableness there (other than the law itself). 99.9% of violations are given appearance tickets, not arrests.

With that said “you don’t have to break a law for me to arrest you” is true, but mostly a technique to scare you. An example of this is being arrested and then being found not guilty. They can also do investigative detentions, but that is not really applicable in this situation.

• • • Updated - - -

This. Most violations are just appearance ticket, unless the officer has some reason to believe the person won’t show up in court, such as a history of not showing up, etc. Even a violation, which is not a criminal offense, can still be punishable by a maximum of 15 days in jail. That is basically NEVER done though. Trespassing is a good example, and is often met with something along the lines of a $40 fine.

if you re-read my post, I said an officer cannot arrest you SOLELY based off a complaint, he actually has to witness you breaking the law, or form PC that you did break the law. I don’t know the local ordinances of Buffalo, so maybe slacklining is considered illegal without permit… but, the point I was making is, if no crime is being committed, YOU CANNOT BE arrested due to a complaint by a 3rd party

[neonglh]

@snowracer101

if you re-read my post, I said an officer cannot arrest you SOLELY based off a complaint, he actually has to witness you breaking the law, or form PC that you did break the law. I don’t know the local ordinances of Buffalo, so maybe slacklining is considered illegal without permit… but, the point I was making is, if no crime is being committed, YOU CANNOT BE arrested due to a complaint by a 3rd party

In this case though, the officer was there when the slack line was set up. That visual observation is all he needed to ticket/arrest.

And you CAN be arrested due to a complaint by a 3rd party, 100%. If your wife says you hit her, you would be arrested, based just on the one persons statement. This would then be investigated and likely brought to a judge to figure out what to do. People every day are arrested and jailed based on just one persons eye-witness evidence. It may be the wife like in my example, or it could be a store clerk across the street seeing a crime occur. It all depends on the totality of the circumstances, including the severity of the crime.