Tuesday, August 9, 2011

GETTING ON YOUR THE SOAP BOX....










Allentown Targets Activists

by Riley Schillaci

On July 23, 2011, at approximately 11:45am, I was setting up to play my guitar outside of Green Deli, On Hamilton Street in Allentown, as I have been doing for the past month, when I was approached by two Allentown police officers on bicycles. I was told that I could not play guitar and ask for money. I explained that I was “busking” which is a performance art, in which the artist performs, and appreciative public tip if they see fit. Busking does not approach people and ask or demand money. I have been given permission by the owners of Green Deli, Lee and his wife, to play guitar outside of their store. Lee himself often tips me. I also use this time to bring awareness to the current issue of eminent domain abuse in Allentown, pertaining to the city’s plans to build a hockey arena with public funds, and force stores like Green Deli, out of the neighborhood. I was told that I could play there by the two police officers, but that I could not ask for money. Ever the cocky one, I got into it with the po-po. After arguing with the officers, I stood against the window with my arms crossed and told them that I was sick of the way they were treating the poor in Allentown, and that I had permission from the store owners to be there. I pointed out that they had ridden past me numerous times and never said anything. I was threatened with arrest, and continued trying to argue my point. I finally gave in and started packing up, but did tell the officers to go fuck themselves as I was putting my guitar back in the case. They officers jumped off of the bicycles, and I stood against the window again, when one officer tried to cuff me, I stiffened m y arms and said I would leave, he continued trying to handcuff me and although I never laid a hand on him, he threatened to tase me. I am a 5’3, 140 lb woman, overpowering me should not require a taser.



In the end, I was brought downtown and given two citations. One for doing business without a license, and another for disturbing the peace/publicly swearing.
Swearing in public in the commonwealth of Pennsylvania, is legal, even if you swear at an officer of the law. The American Civil Liberties Union fought this in 2006, and won. It is now deemed unconstitutional to cite or arrest anyone in PA for publicly swearing, as it impede on their freedom of speech. I have been in contact with the ACLU, and they provided me a letter for the judge, stating why I cannot be cited for swearing.


I believe that I was targeted because I had large fliers, protesting the building of the Hockey Arena. I was never harassed when I had small fliers that were not as prominently displayed as the new larger fliers.

Two weeks later, I was once again playing in front of the deli, and not asking for money when I looked up and saw Officer C. Weiss, stopped in front of me. “You've got to be kidding me.”, he said. I reminded him that I had been told on the 19th that I could play here but not for money. My guitar case was tucked away in a corners, I had no sign, and just had the fliers on crate. He insisted that they never said I could play there, just not for money. He eventually went away (or so I thought), but I then noticed him on the corner kitty corner from me, watching me like a hawk for a good 30 minutes. A few hours later Officer Weiss stopped me on the sidewalk, because apparently he had been looking for me. He corrected himself and said that Yes, I was allowed to play guitar outside of the deli, but then tried to show me an ordinance against handing out literature on Hamilton Street. I researched the ordinances, and found that TITLE SEVEN - Parks and Hamilton Street Regulations, PROHIBITED USES section 961.14 part A states that Distribution of commercial handbills unless part of a special event or activity, is prohibited. Political and religious literature are NOT commercial. Apparently the police do not know how to interpret laws

John Poteck and I also witnessed Officer Danny Miller tearing down our fliers. While Officer Miller was following the law by tearing down the fliers (posting fliers on Hamilton Street is illegal), he failed to remove any of the other fliers put up by other organizations. The rest of the fliers were removed a few days later.

I feel safe in saying at this point that YES, individuals and businesses that speak out against eminent domain abuse and the building of arena, are being targeted by Allentown law enforcement officers. This is both bad and good. It is obviously negative in that it is an attack on our first amendment right to freedom of speech. By targeting us, the city has confirmed that we are indeed a threat to the arena project. If they thought that we were harmless and inconsequential, they would ignore us.


Riley Schillaci holds a Bachelor of Science in Sociology, and Health Science, from SUNY Brockport. She has lived abroad in Vietnam, helping victems of agent orange, and working with the elderly and special needs children, and teaching conversational English to adult students. Riley was recently featured on America's Got Talent, as a sword swallower. Riley currently resides in Allentown PA, and works in Whitehall.


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