OT Whistlers now allowed to play on Deadwood property RANT!

I did not get the variance, nor a permit to play on Deadwood public property. They want me to assume the cost of liability insurance for anything from 250,000 to 1,000,000 buckaroonies in insurance! I was rather suprised when I found myself saying “With all due respect, this is bullshit.” I argued Dan’s too wide an interpretation of the ordinace and violating the intent of the ordinance, that they could not equate a musical instument with a weapon. It was absurd. I think the NWA needs to stage a Whistle-In and I think a International Letter of Condemation might be in order, but they would probably deep six it, because it’s not a letter from a local tour bus owner. We did decide that I would come up with $35 for a year, to be insured by a re-enactors foundation. But I’ll have to wear a hated cowboy hat and have a dumb nickname! Sheesh, I too old to be playing cowboys and Indians, much less the old hippie
staging protests. I’m discouraged, and I was in a room full of this political body with no brain! Gaaa! Their arguments were “What if you get a crowd and a kid falls on the sidewalk?” Doesn’t wash with me at all! What if a kid falls on the sidewalk wihtout me there? Anyhow, they questioned me about not accepting money, and my reply was "I don’t want it to reflect badly on Deadwood by telling somebody who offers me money that I can’t touch it because of an anti-solicting law. They suggested I ask the businesse that let me play in front of them to chip in for insuraance. I also told them they could expect civil disobedience from me this summer in protest. I am so sick of these bleepin’ idiots, I don’t know who I want to hit first! I did talk with the Chief of Police and told him what he could expect from me this summer. I wrote to the bar association of SD, and got an e-mail back telling me there was nobody in SD who handles these kind of issues, and to try the ACLU in Denver, do tomorrow first thbing I’ll write to them! Time for a media cicus. Thing is I want to save my TV time for promoting the book! LOL! I pity any kid who decides it’s a nice day and gets busted for strumming his guitar in the park with his friends! So, Petition? Whistle-In, nasty letter? THIS CANNON’S LOOSE!


Let it shine! Anna “Dances with Weasels” Martinez

[ This Message was edited by: Anna Martinez on 2002-03-19 00:39 ]

Anna,

I have been reading your various postings concerning the issue you are having with Deadwood. I am afraid I don’t really understand what it is you are trying to accomplish. What is your purpose in being allowed to play on the city streets? You say that you are not trying to make money off of your performances. Is it because you want to entertain people walking by? Do you just want to play out in the open air? Are you playing your pennywhistle for your own enjoyment or to impress people with your ability? Are you trying to promote playing the pennywhistle to others who happen to be walking by?

As far as the pennywhistle not being able to be used as a weapon…well, you haven’t heard me playing it!!!

Craig
(Is that a pennywhistle in yer pocket or are ya just glad to see me?)

[ This Message was edited by: Pywacket on 2002-03-19 08:17 ]

I have been reading your various postings concerning the issue you are having with Deadwood. I am afraid I don’t really understand what it is you are trying to accomplish. What is your purpose in being allowed to play on the city streets? You say that you are not trying to make money off of your performances. Is it because you want to entertain people walking by? Do you just want to play out in the open air? Are you playing your pennywhistle for your own enjoyment or to impress people with your ability? Are you trying to promote playing the pennywhistle to others who happen to be walking by?

[ This Message was edited by: Pywacket on 2002-03-19 08:17 ]

It started last summer when I was waiting and playing at the trolley stop just for self-satisfaction, when a woman who mans the information booth came charging out and said “Free music in Deadwood? We can’t have that! I had to call the police.” Sure enough, a cop car drove up, checked me out and asked me if I was busking and I told him “No.” That was the beginning of a summer where a couple of casinos in downtown started calling the police whenever a Historical Re-enactor they did’t like showed up on the street. They dress funny, but the complaints were flying everywhere! I’m not a bad whistle player, not a great one, and quite a few people graciously ask me to play in front of their businesses. Because they have this ordinance on the books, I decided to get legal and ask for a permit! I hate being rousted for doing something so ordinary, and strongly believe this is a “1st Amendment” issue. I don’t block traffic. I don’t carry a weapon. There is one event that closes the street down which was grandfathered in, and several business have performers on the street and the city tends to run off what it considers “undesirable characters.” The town has the flavor of 1876. Last summer a real cowboy tied his horse up at a hitching post on Main Street and was arrested. Deadwood loves to promote this Gold Camp-Wild West-Victorian image. Otherwise it would simply be gambling and nothing more. If a horse at a hitching post isn’t Wild West, I don’t know what is.

The politics are viscious here. They city thrives on the absurd. Permits go to friends, people who fit in. I don’t. I am old, disabled, fat and not very attractive and tend to speak my mind. The ordinance was enacted in 1994, when they arrested a man who was in a shoot-out (tourists love 'em) who took too long to die in the middle of the street. I can see the city needing some control when people are using guns, even black powder guns, and blocking traffic. I was hassled at least three times last summer for sitting on a bench on the sidewalk just playing the whistle. The police tend to use the ordinance to harrass people they don’t like. A friend of mine, a re-enactor, was arrested for taking a dollar tip from a tourist who insisted he take it. The cops also quizzed the tourist on whether he asked for the money. It wasn’t pretty.

Poor police, they deal with drunks and drugs and bad drivers who give them lip! They like me because I don’t drink and never give them any crap. I don’t busk because there is an anti-soliciting law here. It’s not about earning money, it doesn’t happen here.

I’m not even a side show here. The slot zombies simply keep moving from casino to casino. However, once in a while a little girl starts to tug on her mom’s sleeve, and her mom will let her sit by me and she has that puppy-eyed “Gee, I wish I could do that” look on her face. I enjoy the kids, they love whistles, they go away very happy after about fifteen minutes when I show 'em how to play “Mary Had a Little Lamb.” I do it because I enjoy being outside, I like being downtown watching people and playing in the open air and I like kids and I like whistles, and kids are bored spitless in casinos, there’s nothing else for them to do here! Now many re-enactors who have friends in the City Comissioners office, walk down the street handing out plastic badges and swear kids in as Deadwood deputies. The difference there is that they are covered by group insurance that is issued by the organization they belong to. One of the re-enactors called his guy at the Living History Foundation and they said I could join and get insurance for $35 a year if I would a carry a black powder gun and wear a costume. They’re way behind, and I wouldn’t get it for this year. I am not a re-enactor, I don’t want to play either a trollop or a church lady, because I’m not limited to either role. I will probably take the re-enactor solution, but that doesn’t solve that “old girl shoot us in the collective foot” way of doing things around here. I can do this because I honestly don’t care what they think of me and I’m not dependent on them and don’t have anything to lose! It’s a great place to be an old YIPPEE in!

The darker side of this issue is I want to add “Loose Cannon” to my resume. I already had “Boat Rocker” on it. Deadwood is a small town with big city problems because of the revenue the tax from gaming brings in. Also, reality dictates nobody can control everything and everybody. Certainly not me. Since I’ve been living here, with the Deadwood “We only let certain people do such ad such” attitude, I have defied them, because I am not part of the in clique. I have been chased by an influential a$$hole’s brother who was on horseback, when I was doing my job taking pictures for a local paper during a parade. I have close ups of the horses teeth. I’m glad the horse had more sense than the man on the back of it! He even tried to come up and get me from behind from a block away! I’ve been doing this a long time, and can move like a combat photographer. I’ve been told they will run me out of town on a rail because I don’t fit in. I tend not to be passive aggressive to survive here like most people who want to think we all get along in this tiny town! NOT! Too many murders, too much domestic violence. There is not one small business owner who has not gone to jail as a rite of passage. I don’t depend on Deadwood for a living. I can do this without being blackballed from a minimum wage job in a casino which are all in violation of Federal Labor Laws.

Now those are my personal movtives. They pi$$ me off. Somebody has to do something. Oh yeah, creating a media circus (not in the locals) is good. It’s also PR for me. I moved away, I came back, people treat any newcomer like an outsider for twenty years, which I find ironic since my family was one of the original settlers. Believe it or not, that counts around here. I also like Native Americans, and say so in this most racist state in the union. People don’t like kids here at all, and this could be a great weapon to roust kids out of the park on a sunny day just for sititng around with their friends and strumming guitars. The whole thing is beyond absurd, especially the quarter to a million dollar liability insurance policy. They may have shut me out this summer, but they won’t be able to shut me up! I did tell the City Comissioners that I thought this was so much bullshit and was suprised to hear myself say that. And it felt good, too! I also told them this was a First Amendment issue, and that they had too broadly interpeted the intent of the ordinance, and that they could expect civil disobedience from me this summer. So, I am an old troublemaker who thinks that things need to be changed around here, because things need to change, and I’m just the woman to do it! Oh, yeah, my bio also reads that I am “Modern Deadwood’s answer to Calamity Jane…the anarchist stone stuck in the craw of polite society.” Calamity, and Wild Bill Hickok, who was murdered here, is still generating big bucks for the city. So, I also honor her. She took no crap off of anyone, and didn’t fit into Victorian society and did her own thing. She often had to draw a gun and stick it under some guys nose.

Deadwood, as a collective entity, has gone beyong greed, beyond pickpocketing, beyond taxing the stupid to rape. They must charge artists for making their art. Does that clarify anything for you at all?

If whistler’s object to these posts, I’ll be glad to stop. The implications of what’s happening here in this tiny town are pretty scary!

Funny thing, I keep trying to convince people around here that I’m hot stuff! And I am! I was the only non-academic nominated for state poet laureate, didn’t get it, and have a real book not a vanity book coming out very soon. It was financed by a grant from the State Arts Council. You can bet it won’t sell anywhere near here. They tend to look at me like a dumb dirty fat lady, and I don’t like it. My JOB is to give them as much crap as I can. Calamity Jane lives!


Let it shine! Anna “Dances with Weasels” Martinez



[ This Message was edited by: Anna Martinez on 2002-03-19 09:51 ]

Anna, I think its time to get the press involved…as big as you can manage…not local but state, and nearby states if you have to. I would definitely get the ACLU involved. I would go to a legal aid board and state your case, looking for a pro bono. Don’t go it yourself…make it your career to get this resolved for the decent citizens of the state.

Love, ya, Anna. You’ve been through so #$%^ much in your life that this is just a stupid little bump in the road. Tackle it with your brain.

On 2002-03-19 11:18, tyghress wrote:
. . . I would definitely get the ACLU involved . . .

I have to agree here. I would love to see the ACLU support someone besides neo-Nazi’s, the KKK, skinheads, or NAMBLA. I love the idea of the ACLU’s purpose of supporting civil liberties, but the actions of the ACLU are so often expressed as if they are the litigation arm of hate groups and perverted endevours. If they don’t latch on to Anna’s fight, I think I’ll write off the ACLU as what they appear to be, as opposed to what they claim to be.

I’d like to second Tygress’ sentiments, and add a few of my own. Like you, I’ve made a career of bucking city hall and have a few scars to show for it. Something I learned along the way is that it is easy to hurl one’s self reflexively at every windmill that one encounters, but this is a mistake. Your enemies will discover this in you and use it to destroy you. Sooner or later they will succeed either in making you ridiculous, hence unsupportable, or in getting you to break a law you won’t be able to recover from.

Choose your battles carefully; they’re not all worth fighting. Make your enemies fight you on your ground, and don’t be lured into conflicts you cannot possibly win. Don’t be duped into expending yourself in some Cannae – decisive and final battle – but make your opponents die the death of a thousand cuts instead. That way at each step you can afford to lose, if it comes to that, without being swept from the field.

Offered with the best of intentions.


Best regards,

Neil Dickey



[ This Message was edited by: ndjr on 2002-03-19 12:00 ]

Geez…Its going to become like “Fahrenheit 451” Instead of burning books, the government will start burning pennywhistles, then fiddles, then recorders, and then banjos…The last two wouldn’t be any great loss though… :slight_smile: Good luck Anna!

Brent

On 2002-03-19 11:39, ndjr wrote:
I’d like to second Tygress’ sentiments, and add a few of my own. Like you, I’ve made a career of bucking city hall and have a few scars to show for it. Something I learned along the way is that it is easy to hurl one’s self reflexively at every windmill that one encounters, but this is a mistake. Your enemies will discover this in you and use it to destroy you. Sooner or later they will succeed either in making you ridiculous, hence unsupportable, or in getting you to break a law you won’t be able to recover from.

Choose your battles carefully; they’re not all worth fighting. Make your enemies fight you on your ground, and don’t be lured into conflicts you cannot possibly win. Don’t be duped into expending yourself in some Cannae – decisive and final battle – but make your opponents die the death of a thousand cuts instead. That way at each step you can afford to lose, if it comes to that, without being swept from the field.

Offered with the best of intentions.


Best regards,

Neil Dickey



[ This Message was edited by: ndjr on 2002-03-19 12:00 ]

Neil,bless your heart, I know your intentions are the best. I pick my battles carefully, I have only so much energy. The reason rabid nuts like me are necessary, and I have been called one of those “strip naked and chain myself to the porch” types, is that I make moderate demands look reasonable. Think of Malcome X, Martin Luther Kind and Uncle Tom. Malcome’s ranting made every thing Dr. King asked for look very reasonable. I will be picketing in front of City Hall with my whistle on a nice day in April, with the media there. I got 'em scared now, whish is good.

Anna wrote:

I will be picketing in front of City Hall with my whistle on a nice day in April, with the media there. I got 'em scared now, whish is good.

Excellent! Make 'em look ridiculous themselves, and you’ve won.

Do be careful, though. If they fancy themselves desperate, they may do desperate things!

The worst they can do is plant some marajuana on me, or shoot me. I’ve never used the sutff, never will, and it would be hard to prove there’s any around here or any reason to have it around here!

I hate to see people’s First Amendment rights trampled, but to me it really does seem that the Bill of Rights is being assaulted from all sides now – every interest group wants to re-interpret the parts it doesn’t like. I agree with those who have suggested the ACLU.

I presume the tramplers have lawyers who are aware just what they can get away with. Of course, what they can get away with is not necessarily what’s legal – fighting laws in court is expensive, and individuals generally don’t have the wherewithal to fight.

There are a couple of things you might look into. First, is there anything specific in the ordinance as to what constitutes insurance? I presume it must be a company licensed by the SD insurance commission or something, but if they’re sloppy, you may be able to find some shady internet-based company.

Another possibility is that it may not apply if you’re constantly moving. Places that have tried to clamp down on picketers have usually not been successful as long as the picketers keep moving.

I hate to say it, but another tack might be to rain on others’ parades – does the library have outdoor reading, are there any outdoor karate classes, etc? I presume they’re all insured, but if everyone’s lives are made difficult (snowed down with paperwork), maybe they’ll vote the tramplers out of office.

I am not a lawyer, just someone who really loves the Bill of Rights, so please take my remarks with a grain of salt.

Good luck, Charlie

Why doesn’t somebody register the domain ‘deadwoodsucks.com’ (or something like that) and put up a web page with the entire story on it - it shouldn’t be too difficult to get some media coverage. The less-than-intelligent folks at Deadwood City Hall will come across as the narrowminded, Bill of Rights trampling fools that they are. Isn’t Deadwood’s main industry tourism?

On 2002-03-19 17:56, garycrosby wrote:
Why doesn’t somebody register the domain ‘deadwoodsucks.com’ (or something like that) and put up a web page with the entire story on it…

Isn’t Deadwood’s main industry tourism?

Do-able, the web page, as is getting natonal media involved. Nope, Deadwood’s main industry is gaming.


Let it shine! Anna “Dances with Weasels” Martinez

[ This Message was edited by: Anna Martinez on 2002-03-19 18:21 ]

On 2002-03-19 17:49, chas wrote:

I presume the tramplers have lawyers who are aware just what they can get away with. Of course, what they can get away with is not necessarily what’s legal – fighting laws in court is expensive, and individuals generally don’t have the wherewithal to fight.

Sure they expect me to lay down and go away and never give them any lip. NOT! These are ordinary people with a little power and go nuts, not a lawyer among them…

There are a couple of things you might look into. First, is there anything specific in the ordinance as to what constitutes insurance? I presume it must be a company licensed by the SD insurance commission or something, but if they’re sloppy, you may be able to find some shady internet-based company.

Ordinance says nothing about insurance! LOL! Want em to post it?

Another possibility is that it may not apply if you’re constantly moving. Places that have tried to clamp down on picketers have usually not been successful as long as the picketers keep moving.

Good one! I want to get arrested, so I can ask for a court appointed lawyer and challenge this as a civil liberties issue in court.

I hate to say it, but another tack might be to rain on others’ parades – does the library have outdoor reading, are there any outdoor karate classes, etc? I presume they’re all insured, but if everyone’s lives are made difficult (snowed down with paperwork), maybe they’ll vote the tramplers out of office.

I have blackmail, a nuisance law suit, and can call the police everty time someone is out there to see if they have a permit! I can also sue Lawrence County on a class action suit, for a four dollar refund on all filing fees for small claims court, You pay a library fee and they don’t let you in it, and then send you to the public library, where they only have the codified laws of the state, and nothing to research!


{quote}
I am not a lawyer, just someone who really loves the Bill of Rights, so please take my remarks with a grain of salt.

Good luck, Charlie

[/quote]

Thanks Charlie, I need all the help I can get, I am commited to this. Civil Disobedience in Deadwood is totally appropriate to my mind, it’s what this country was built on, and if not for Civil Disobedience, we’d still be singing “God Save the King” instead of the “Star Spangled Banner!”

On 2002-03-19 18:01, Anna Martinez wrote:

Nope, Deadwood’s main industry is gaming.

Yes, but don’t the people who go to Deadwood to throw away their money come from outside Deadwood or from out-of-state? If that is the case then bad publicity is not going to help the local economy :wink:

Yep, they are out-of-towners, but the hard core gamblers don’t give a dman about anything but the gaming and sometimes free eats!

“Good one! I want to get arrested, so I can ask for a court appointed lawyer and challenge this as a civil liberties issue in court.”

Somehow a court appointed attorney in Deadwood does not sound like a good idea.
John

On 2002-03-20 00:11, JSW wrote:
“Good one! I want to get arrested, so I can ask for a court appointed lawyer and challenge this as a civil liberties issue in court.”

Somehow a court appointed attorney in Deadwood does not sound like a good idea.
John

Hey, I’d love to have a real lawyer, my advocate, but I checked with the state bar, and the Black HIlls Legal Services, who does not do that type of work, and there is no one in the state that deos that type of work pro bono. So, indigent people like me have no representaiton. I wrote a letter to the Law Sshool as the University of SD, to the Constituiotnal Law professor and to both the Denver and Fargo chapter of the ACLU! I am doing my home work, The worst that can happed in a $250 fine, which would be impossibe to colect on my income of 700 per month, and I don’t think the have debtors prisons any more. I hear you have to pay for the court appointed attorneys, though!