By Harry Bruinius, Staff writer
October 23, 2014
New York — More and more, when
New York City police make an arrest in public, bystanders pull out their smart
phones and begin recording.
In the latest video sparking
controversy over the NYPD’s aggressive approach to minor crimes, uniformed and
plainclothes cops are shown arresting a guitar-strumming subway “busker” – or
public entertainer who solicits donations – after he refused an order last
weekend to stop playing and leave the station.
The video, which has been seen
by more than 1 million viewers on YouTube, shows Andrew Kalleen, a busker who
had been singing Neil Young’s protest anthem “Ohio,” argue with an officer who
had told him to pack it up, saying he was not allowed to perform on subway
platforms without a permit.
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Mr. Kalleen, however, pulled
out a copy of the Metropolitan Transportation Authority’s rules of conduct and
directed him to read Section 1050.6(c). The officer told Kalleen he was not
going to argue with him, but, nevertheless, he read the section aloud, which
allows for “artistic performances, including the acceptance of donations,” as
long as they do not impede transit activities.
Bystanders erupted in cheers,
and even jeers, but the officer called for backup, and at least five cops then
roughly arrested the fedora-wearing musician. As he was taken away, bystanders
continued to hurl expletives at the police. Kalleen was later charged with
loitering and released, the NYPD told the Associated Press, adding the
department was reviewing the incident.
On Tuesday, Kalleen and a group
of about 100 protesters, including musicians and public officials, staged a
rally at the same station, protesting what they call increasing police
harassment as the NYPD continues to crack down on subway buskers under the
leadership of Commissioner William Bratton.
Since beginning his second
tenure in New York, Commissioner Bratton has redirected his officers to focus
more on low-level crime – a hallmark of his “broken windows” theory, which
holds that strict enforcement of penny-ante crimes deters more serious
activities. Through mid-October, police have arrested 293 subway buskers this
year, up from 101 arrests in all of 2013, NYPD spokeswoman Sophia Mason told
the Brooklyn Daily Eagle.
“This is part of the integrity
of New York City,” said City Council Member Robert Cornegy (D), a 7-foot alum
of the famous 1984-85 St. John’s University basketball team, during the rally.
“People come here from all over with the expectation that they are going to get
an authentic New York experience, and this is part of its authenticity.”
As the video continues to go
viral this week, the department is reviewing the circumstances of other
controversial arrests and stops captured by bystander videos.
Earlier this month, an officer
was recorded taking a roll of cash from a man during a pat-down and then
pepper-spraying him after he objected and asked for his money back. The man
claims it was over $1,000. And in September, another video showed an officer
throwing a pregnant woman to the ground while trying to handcuff her hands
behind her.
A grand jury is continuing to
hear evidence in the case of Eric Garner, who suffocated to death in an
apparent illegal chokehold after being arrested for selling cigarettes – an
arrest dramatically captured by bystander smart phones and causing a national
outcry.
“We're not asking for the laws
to be changed here," said Council Member Stephen Levin (D) at the rally.
“The existing law is here to protect us. If this is 'broken windows,' I want no
part of it.”
Advocates from BuskNY, a group
that supports subway performers, said the NYPD needs to better train officers
on the rules of conduct on subways, handing out a proposed memo that officers
should be aware that “no permit is required to perform in subway stations or on
subway platforms" and that the Metropolitan Transportation Authority
“allows all performers to accept donations,” the website Gothamist
reported.
Kalleen filed a formal
complaint with the Civilian Complaint Review Board on Wednesday.
“The world watches New York,”
he said at the rally. “This is not the message we want to send to the world.”
