Coping with “Cartman”: Musician’s rights and bully cops.
I have been a musician and a busker since 2004. I never use amplification so as not to be cited for this, and hence, I have played without a permit for many years in small beach towns and towns in NY and NJ, as well as the subway. Usually, I have no drama, but as of recent, I have had run-ins with not one, but TWO “CARTMANS”! Or I might like to say, the MALE COP counterpart to the KAREN.
A CARTMAN is not just a cop. A CARTMAN is a bully. A CARTMAN is caucasian, has a shaved head, is overweight, but obviously shows his “muscle”. A CARTMAN is most likely trying to impress someone and move up the ranks, by harassing 5 ft tall, less than 100lb acoustic ladies like myself to make himself feel powerful. Other officers of the same town will have passed by a million times, smiled, chatted with me, or went about their way. A CARTMAN will gather an audience of his younger, or less experienced officers, to show muscle and prove a point.
Two weeks ago in Bronxville, I was playing on my usual core by the health food store. I have purchased my vegan mayonnaise from this store, and the owner knew me. The corner also provided me with shade, which is important as I am fair-skinned. It was also the perfect center for foot traffic in all directions. People in Bronxville were both appreciative, as well as generous: “It’s good to know that someone is doing something positive!”. My average tip was $2 per person, and it was not unlikely to be thrown $5 and $10 and $20 as if they were $1 bills.
For months, police would circle the block, mostly because they had just begun outdoor dining. But on this particular Wednesday evening, CARTMAN got out of a police SUV, and swaggered over to me. Shaved, wide head, muscular but fat, you could tell he worked out only what could be seen in the mirror, and never did cardio. “You’re Soliciting! And you’re PROMOTING! Wrap it up!”. Having had a recent finger injury that required treatment, I was too tired to argue that I did not have any “price” signs or anything that specifically said that I was selling or promoting anything. I just keep my CDs in order on top of my case, with a box for tips. I did not tell him that artistic expression is a right, and there is a website stating ‘musician’s rights”. I did not elaborate that I did now “hawk” or harass anyone. I sang and played my guitar quietly, and people could come up to me or not, tip or not, and in many cases, depending on the size of the tip, I just handed them whatever CD I thought would work for that person.
I also play at various beach boardwalks up and down the Jersey Shore. Usually, the officers and I befriend each other. Only once in maybe 2005 or 2006 did two of the Point Pleasant yellow shirts give me trouble. “You’re promoting! You gave a card to someone!” and insisted on running my license. Years had passed, and I went to Seaside Park, Long Branch, and Avon instead. But I eventually made my way back to Point Pleasant a few years ago. You would usually see me on a Thursday night, as there were major crowds when there were fireworks. This past Sunday evening, I decided to go to Point Pleasant earlier than usual. I usually rarely start before dark, but decided to start around 6:30 pm, as they would not let you on the beach before 9 pm unless you paid the full day fee (other beaches allow you on the beach for free after 5 or 6 pm). Everything was going fine. I would lightly stop when officers would pass, and say hello, or “look at the moon” as I did on Friday evening. But there was some event that caused 20 or 30 officers to run from the area where Martell’s was to the Broadway side. Whatever was happening over there, drew what seemed like the whole fleet.
I had already stopped playing around 9:30 pm when I was turning to look at the beach from the boardwalk. My tip box and ads were sitting on my case, but I was not playing. CARTMAN comes right up to me, with 6 officers who seemed like they were new students following their teacher. You could tell that this guy was bullied in school, and his way was overcoming the past bullying was to become the bully himself. “You are promoting and soliciting”. “Ok, I was just leaving” (which I was). He would not let me go. “I need to see your license”. “Again, I’m sorry officer, I was literally just leaving”. “I need to see your license”. I give him my license. “I will let you off with a warning, but this is $400 ticket, and you would pay more than your take for the night”. The fact that I was no longer playing and looking at the beach did not matter. No one “called it in”. He just felt the need to prove who he was and feel important. I knew enough of the people both who own houses on the boardwalk, as well as regulars to know that no one reported me. There have been little girls who for years would sell their painted seashells for a $1 and hawk their product. But this CARTMAN was hell bent on proving who he was by harassing a musician who is out of work due to Covid19, and was easily half his size and weight.
In both cases these were bullies. Most of the officers in small towns are quite nice. Even if you have been pulled over, they don’t want to give you a ticket. They just want to make sure you know where you are and where you are going. These two were the exception. It was everything from their demeanor to what they said. Am I hurting anyone? No. Did I get the chance to tell the Point Pleasant officer that a few years ago, another musician won her case when she was cited for doing the same, and it was considered “artistic expression” and no one could stop her from playing? Did I get a chance to tell the Bronxville officer that I was not selling or promoting, as I did not approach anyone, and had no sale signs of any kind? I did not. I am embarrassed to say that I allowed myself to be bullied, and took the quiet way out. But in both cases, I did not get a ticket, which I could easily fight if I wanted to.
In NYC, The MTA states: “Any musician is welcome to perform in the New York City subway system as long as they follow the Transit Rules of Conduct.” “The transit agency added it will remind police to respect musical performances in the subway, and ask that musicians simply follow basic rules — don’t block escalators and don’t use amplifiers”.
You can also google “musician’s rights to perform” and many similar links and explanations will come up. I have actually since printed two of these, should I run into CARTMAN again in Bronxville, however, I have moved from my lucrative and obvious corner to a small bench on one of the side streets, so as not to draw police attention. I have also made it a point to have a large towel or blanket to cover my CDs and tip box, and from now on, ALWAYS cover my case if I take a break for any reason, like I did last night.
Musicians have it hard right now, as venues and concerts have been canceled. People in general like the artistic expression, and officers usually respect this. Unfortunately, there is always going to be a CARTMAN. The trick is knowing how to respond to both diffuse the situation, but hopefully, be able to make changes so that artists can continue to make people happy in difficult times. I am open to your feedback and suggestions.
Kama Linden is a singer-songwriter with 4 studio albums, the newest being, “Everything In Good Time”, releasing in Summer 2020. She is also an actress, fitness instructor, freelance photographer, and has a fitness book: “Healthy Things You Can Do In Front Of The TV”.
Apple Music
https://music.apple.com/…/everything-in-good-time/1517559501
Bandcamp:
https://kamalinden.bandcamp.com/alb…/everything-in-good-time
Spotify:
