SinginSumo
April-16th-2003, 11:43 AM
From the April 16, 2003 edition of the Philadelphia Inquirer:
SEPTA (South Eastern Pennsylvania Transit Authority) just might be the best-paying gig Byard Lancaster will ever see.
Just four months ago, the cash-strapped transit agency had to pay the jazz sax man $15,000 in damages for arresting him in 2001 for playing in a subway concourse.
Yesteday, SEPTA agreed to fork out another $18,000 for not learning its lesson and arresting the 60-year-old Lancaster again in July.
The settlement agreement in the civil-rights suit that Lancaster filed against SEPTA in October was signed by U.S. District Judge Ronald L. Buckwalter and filed yesterday in federal court.
"We're going to revamp the policy," SEPTA spokesman Richard Maloney said, referring to transit police arrest standards.
In addition to paying the $18,000 in damages and legal fees, SEPTA agreed to train its police in the new policy about dealing with musicians on transit property.
Specifically, the settlement says SEPTA police may not arrest any street musician unless there is probable cause to show the musician is obtructing a highway, being disorderly or violating a noise ordinance or other criminal statute.
"Under no circumstances shall a street musician be arrested or told to leave a location merely because that individual is playing a musical instrument or singing," the agreement reads.
Lancaster, whom (Philadelphia) City Council has declared "a cultural treasure," could not be reached for comment. Council has also affirmed his right to perform on the street.
Lancaster's attorney said that his client was "gratified that all parties recognize that First Amendment rights apply to everybody and recognize the cultural importance of street musicians."
Though best known as a sax player who regularly performs at local clubs, Lancaster also plays other reeds, flute, trumpet and piano. He also sings and composes.
Lancaster tours often around the United States and abroad but always returns to Philadelphia. He has said that he loves to practice in the city's subway concourses for the acoustics and the chance to earn extra money.
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Comments?
SEPTA (South Eastern Pennsylvania Transit Authority) just might be the best-paying gig Byard Lancaster will ever see.
Just four months ago, the cash-strapped transit agency had to pay the jazz sax man $15,000 in damages for arresting him in 2001 for playing in a subway concourse.
Yesteday, SEPTA agreed to fork out another $18,000 for not learning its lesson and arresting the 60-year-old Lancaster again in July.
The settlement agreement in the civil-rights suit that Lancaster filed against SEPTA in October was signed by U.S. District Judge Ronald L. Buckwalter and filed yesterday in federal court.
"We're going to revamp the policy," SEPTA spokesman Richard Maloney said, referring to transit police arrest standards.
In addition to paying the $18,000 in damages and legal fees, SEPTA agreed to train its police in the new policy about dealing with musicians on transit property.
Specifically, the settlement says SEPTA police may not arrest any street musician unless there is probable cause to show the musician is obtructing a highway, being disorderly or violating a noise ordinance or other criminal statute.
"Under no circumstances shall a street musician be arrested or told to leave a location merely because that individual is playing a musical instrument or singing," the agreement reads.
Lancaster, whom (Philadelphia) City Council has declared "a cultural treasure," could not be reached for comment. Council has also affirmed his right to perform on the street.
Lancaster's attorney said that his client was "gratified that all parties recognize that First Amendment rights apply to everybody and recognize the cultural importance of street musicians."
Though best known as a sax player who regularly performs at local clubs, Lancaster also plays other reeds, flute, trumpet and piano. He also sings and composes.
Lancaster tours often around the United States and abroad but always returns to Philadelphia. He has said that he loves to practice in the city's subway concourses for the acoustics and the chance to earn extra money.
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Comments?