So, what do you think?
Dear Chiff and Fipple folks, please sign this petition and sent it along to interested parties. When it gets to 250 signatures, please send it to mailto:Mandarin@mato.com. For you who are unfamiliar with these issues, the Ordinance, her memo to the council and the newspaper article are attached as a separate MSWord file.
Petition
Attention: Mayor Francis Toscana and City of Deadwood Board of Commissioners
Re: Anna Martinez request for a variance of City Ordinance #870 governing street theater, skits, demonstration, parades, concerts, filming, or other events occurring in streets or public property within the City Of Deadwood.
Because we believe that Ms. Martinez is performing a family-oriented public service in Deadwood and adding atmosphere to the Historic Main Street of Deadwood, we believe that you should waive liability concerns and allow her to play her Irish whistle or end- blow flute at will. There is no possible harm that can happen to anyone in any way if she is merely sitting on a public bench and playing music.
I have read the ordinance. Not only are you interpreting this ordinance much too broadly, and violating the spirit of the ordinance, the intent of which seems to be the control of Wild West re-enactors shutting down streets and firing weapons. Since a musical instrument cannot be classed as a weapon by any stretch of the imagination a refusal can only be construed as harassment and a violation of her First Amendment Rights of self-expression and Freedom of Speech.
Further, Ms. Martinez is disabled and to expect her to carry $250,000.00 to $1,000,000 is prohibitive.
We understand that your area of the Black Hills takes pride in it’s diverse cultural heritage, including survivors of the Irish Brigade (The Wild Geese) who came west to prospect for Gold in the area after the Civil War The tin whistle is a fitting instrument to pay homage to these early settlers in your area.
At this point, when there is very little public money for arts education in the schools, we feel you would be depriving children interested in learning music of a valuable resource by not allowing Ms. Martinez to perform and to teach them the tin whistle on the Streets of Deadwood..
Thank you,
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