A classic example of a clash of rights in a free society. Unfortunately "citizen complaints" exist as a vague nemesis while the drummers who congregate each week are both audible and visible. The police are stuck with having to moderate between the two and as per custom, tend to side with and favor with the invisible landed gentry. I'd be curious how many complaints and what would happen if some simply said, "Aw come on, its only a few hours a week, you choose to live in a more crowded area with a diverse population expressing itself, it comes with the territory that you need to have more tolerance for diverse happenings there".

The police and the establishment has chosen to employ the loitering law to enact the will of the local landed gentry against the few.

I live in a relatively quiet neighborhood in Ben Lomond the 'norm' for such an area is different than the parking lot adjoining Farmer's market.

Why not designate a period of 4 hours once a week where this kind of community drumming circle can occur -- rather than shut it down. That seems like such a sad thing to do.

Has anyone considered that by frustrating the expression of others, we cause it to be subverted into more destructive anti-social behaviors?

What does street drumming mean? It means people hanging out, enjoying each other, enjoying the day, enjoying their lives, happier people communicating with each other and the world around them.

I know there's a lot of artless banging that happens in the name of drumming but it can also be a high art.

I happen to be one of those who like the idea of a lively, expressive street culture within reasonable bounds. I think its good for our lives and our city to allow space for this kind of expression.

I also resent it being regulated as 'loitering'. What is a loiterer anyway, someone who happens to be standing someplace that someone else doesn't want them to be.

I invoke the spirit of openness and tolerance that the community of Santa Cruz is known for and for our city mothers and fathers to consider how we want our town to be -- uptight, restrictive or open, expressive and tolerant -- and oh! please tear down and replace the dull, ugly Santa Cruz sign on the island of river street and highway 1 -- being dull, and ugly, it does a disservice to the spirit of our city.

Drum circles have been a controversial staple of Santa Cruz since as far as I can remember. What I would like to see is the city work with the people to agree upon and designate a new area for these types of activities to keep the peace. How about a city mandated designated drumming zone? If the downtown area isn

who lives near the downtown farmers market? there are only businesses near by (like the good times, he he). the police should have to prove that someone is actually complaining. maybe it's just an excuse for them to crash a good party because they are fascists. the drum circle is any louder than anything else that goes on downtown. i've seen fights break out at midnight, and the streets are pretty busy over the weekend. then there is halloween, new years and all the festivals. why do you live downtown if you don't like a little excitement? why pick on the drum circle? it's like santa cruz can't be santa cruz any more. what's next, a hippie concentration camp?

We cannot afford to move somewhere away from the noisy downtown drum circle. Maybe you go home after the farmer's mkt closes, but many do not. They break into groups that drum, play at midnite, 1 and 2 in the morning when my children and I are trying to sleep. Early in the morning they have school and I work.
Afraid of retaliation from partying drummers, my neighbors and I anonymously complain to the police. My family and I live downtown, that's who! There are hundreds of us working poor who live in the apt.s and rental houses surrounding those blocks around the drum circle. Every Wednesday there are more car break-ins. On Wednesday locals know you cannot eat outside because so many people ask you for money or food. Even the Soup Kitchen stopped serving on Wednesdays.

Now please share this with the City Council:

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And cc:

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one thing that no one seems to be mentioning is that the people in the drum circle were tearing down fences that the city set up around the trees near the parking lot in order to sit there. once any citizens start messing with city property, the police have an obligation to put a stop to it. plus, if the drum circle is all about peace and love and freedom of expression, how come the situation escalated so quickly? i'm always amazed when people think that fighting with the cops is a good idea, or when they don't realize that it's only giving their own cause a bad name.

GOODTIMES WRITES: "The law being enforced is technically a loitering law, which does not permit people to spend more than 15 minutes in any city-owned parking spot before moving along."

BECKY: My point exactly!! The Supreme Court has annulled most anti-loitering laws across the nation since it ruled that staying in one place could not be considered a criminal act. Here, the honest assessment of Ryan Coonerty's "pet" ordinance, the 15-min parking lot trespass law, by a local reporter is to describe it as "loitering law." Many staff members while presenting the law for publication testified it was a "loitering law" of the variety the Supreme Court has already ruled unconstitutional.

A few good cases taken to court should end up in this law being dumped. Maybe that's why Wes Modes was only threatened with being cited by the law when he was arrested 2 weeks ago on other charges. Ryan doesn't want his law to be declared void before the Nov 4th election.

The only loitering law that remain are those that are conjoined with some other crime, such as serving as a lookout while someone else is conducting a burglary, or casing a bank in preparation of robbing it.

It's also illegal for police, while in uniform and on duty to tell someone to "leave town."

Beyond unconstitutional...this is a criminal act on behalf of the police.

How can we respect this city and it's police when they will so easily break the law by turning from law enforcer into criminal.

The right to drum in a public place is protected by the constitution. "the right to peaceful assembly".

The real crime here is "Deprivation of rights under color of law" title 18-sec 242 of the United States Code. "This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. Specifically..."Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State...to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Persons acting under color of law within the meaning of this statute include police officers...The offense is punishable by a range of imprisonment up to a life term"

and

"Conspiracy Against Rights" title 18-sec 241 of the United States Code. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term. "If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State...in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; They shall be fined under this title or imprisoned not more than ten years, or both;

We're talking about breaking Federal Law here...not some city loitering ordinance.

And it doesn't matter that the police were "nice" any more than you can excuse a rape because the perpetrator was "considerate".

If they were tearing down fences then they should be charged with destroying public property. And buy the way...that requires evidence. Did you see a drummer tear down a fence. If you did...it is your duty to see that they are prosecuted for that.

"how come the situation escalated so quickly?" Because the police committed a crime against them. When you get violated you immediately get angry.