Byard Lancaster Wins Second Lawsuit

SinginSumo · April-16th-2003, 10:43 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?

alankin · April-17th-2003, 03:43 PM

I'm glad he won, but I wish the transit idiots would stop doing stuff like this.

I even went to his hearing as a potiential defence witness! The judge threw out the case against Byard in about two minutes and also commented that the transit concourse was so dreary, that he would welcome hearing some music...

Gary Sisco · April-18th-2003, 08:29 AM

Having been a busker myself, I can only cheer!

Lois Gilbert · May-8th-2003, 12:33 AM

I corrected the name for you. IMO Byard should have gotten a lot more - the humiliation of being arrested not just once but twice and have to go thru a court battle is just not correct.

SinginSumo · May-8th-2003, 06:50 AM

Thanks so much, Lois. Agreed with your comments, as well.

shrugs · May-13th-2003, 11:59 AM

Quote:

Originally posted by Lois Gilbert
I corrected the name for you. IMO Byard should have gotten a lot more - the humiliation of being arrested not just once but twice and have to go thru a court battle is just not correct.

Didn't he get more by helping to force a change in the way they will deal with musicians in the future? Hopefully, the new policy will remain in place.
Also, how many days or hours did he spend in jail? The article says $18,000 in damages and legal fees. What were the legal fees? Doess a case being thrown out after a few minutes constitute a court battle?
What is a proper amount of money to award someone? Is a musicians image tainted when he/she is arrested for harmlessly playing music in a public space? Does it actually help them get free publicity?
Don't get me wrong, I am all for Byard getting his fair share. However, I want to hear what others think about some of the points I raised.

alankin · May-26th-2003, 10:32 AM

Quote:

Originally posted by shrugs
...
Also, how many days or hours did he spend in jail? The article says $18,000 in damages and legal fees. What were the legal fees? Doess a case being thrown out after a few minutes constitute a court battle?
What is a proper amount of money to award someone? Is a musicians image tainted when he/she is arrested for harmlessly playing music in a public space? Does it actually help them get free publicity?
Don't get me wrong, I am all for Byard getting his fair share. However, I want to hear what others think about some of the points I raised.

I don't think he spent time in jail. I would imagine his legal fees were serveral thousand dollars. Byard also had to fly back to Philly from France (where he was in the middle of a gig) for his hearing.

Perhaps the amount seems high (probably his best-paying 'gig' ever), but the transit agency has done this to him before and lost in court. Perhaps this payment, which really isn't huge, will make them create a policy that will avoid this in the future.

Tom Storer · May-26th-2003, 10:43 AM

Quote:

Lancaster, whom (Philadelphia) City Council has declared "a cultural treasure," could not be reached for comment.

He's out partying! Haw haw. I sure would be.