A Call To Arms !!!! - Harborplace, Baltimore

[Butterfly Man]

A close friend of mine Jerry Rowen (also a street performer for 20 years or more) was recently terminated (Oct 21) from Harborplace in Baltimore (a pitch he has worked for 20 years) ... the gist of it involves him making what they termed as an "inappropriate remark" about the sniper ... and the lackadaisical Balt. police ... the cops (who should have been working not watching a street show) complained.
Can anyone point me in the right direction for any legal arguments or statutes that we might be able to use to build a case against them?

I have already e-mailed Stephan Baird & Ned (Flathead) ... any other idea's?

[ 11-06-2002: Message edited by: Jim ]</p>

[Jim]

Here's a bunch of people to contact:

http://www.therousecompany.com/whoweare/organization/index.html

Them's the people who run the company that runs Harborplace. I'd write an email to each of them, but I bet you'll have to first explain to most of them what street performing IS and that there are street performers performing on several of their properties. (http://www.therousecompany.com/operation/alpha.html)

Or you could just have Jerry audition next year under a different name. That worked for Peter McLaughlin few years back after he pissed off management at Quincy Market. He came back the next year as Peter Panic and they loved him.

Jim

[HiveQueen]

Can you post a copy of his contract, or whatever agreement he had with them? From the looks of their site, they're the appearance-oriented type of company and spell out to the letter what is and isn't acceptable and the grounds for termination.

Termination on the basis of one complaint seems excessive, especially as it's for political humor that was subjectively deemed inappropriate.

Also, he could try organizing or faking a grassroots letter writing campaign. "Please bring back that funny man who did that funny show, we used to come just to see him but then shop shop shop the evening away after his show. The kids loved him." Lots of letters, hand-written with different pens and different paper and different handwriting, sent through the mail, make a much bigger impact than e-mails, especially if they appear to come from the shopping community and not just from a bunch of your friends / fellow performers.

And no, getting your friends to write them and make them appear to come from the community isn't wrong. Major PR companies do it all the time.

[Mr.Taxi Trix]

[quote]Originally posted by HiveQueen:
<strong>And no, getting your friends to write them and make them appear to come from the community isn't wrong. Major PR companies do it all the time.</strong><hr></blockquote>

As my father would say when I asked if I could borrow the car...
"You gotta be shitting me."

I like what you write, Hive Queen, and respect your viewpoint, but if you see the morality of major PR firms as a basis for your choices, you be part of the problem. And I'm not saying don't do it, just that its way off to conclude it isn't wrong if the big boys do it.

You're headed down the right track, though, in looking for the rules and regs from the mall. That's the first thing a lawyer will need. The next is this, and I'm curious anyway... just what did he say? If he can get a video, exactly what he said can be determined. Otherwise, his word against the cops. Predictable outcome.

[Butterfly Man]

I just received this from Ned (Flathead):

His advise:

Get precise records of the incidents
names of people, dates, times, witnesses, history
is it private or public space
(perhaps public space, licensed to a management company - in this case
you would retain civil rights)
has he been ticketed, or warned off
is he operating under a city permit or is there no city permit, or a
contract (agreement with management)
what is the reason given for stopping him now
are these reasons written or witnessed
are there any witnesses to the event (warning/ticketing)
are there other performers allowed to work, while he is not
have you contacted the press - they love this sort of thing

••• send me the answers, i will forward them to someone local and see
if they have any thoughts

-- thoughts:
If it is Privately Owned land you have no case, unless you want to
challenge the private ownership of publicly accessible areas, which is
a big issue in and of itself. The owners generally have a right to
restrict behaviors on their property.

If it is public space:::::

DOCUMENT EVERYTHING THAT YOU DO - time, date, who, what, everything

Part of it is Legal - but a big part is political

Don't let anyone be a LOOSE CANON, keep everyone on message (this is
hard to do with Street performers)

This may seem like a WEIRD idea, but pull a reverse move and go to the
police dept.'s public relations officer, explain the situation,
indicate support for police efforts, express that tension and
frustration of the current events and moment lead to the comments, but
defend and explain that it is the role of artists in a free society to
place before the public views which reflect and focus ideas about
current events - no matter how unpopular they may be. Try to get them
on board with this concept. Document this contact...!!! It will help
diffuse the US against THEM aspect of what you are doing and give
political cover for those who want to support you. Keep them in the
loop regarding your actions.

paint the issue as bigger than "I wanna play and they won't let me, i
am losing a lot of money, poor me" Make it so that by helping you -
others will be helped, then you will gain support

federal law allows for cities to pay attorneys fees in constitutional
cases, but you need to find an attorney who knows about this stuff -
with federal Court experience, as it will likely move beyond the local
(municipal) courts. (they usually back local authorities) The ACLU is a
great resource and may wish to be involved, but they can be hard to get
the attention of, as they are under-paid and they are a lot of big
civil rights cases right now ( can you say,"Arrests without due
process, for thousands of Muslims)- but they could give you contacts,
and maybe - who knows,....

If it is public space that is licensed by a management company, there
are questions that have never been resolved as to whether the
management company is able to ignore your civil rights. the courts are
much more conservative than they once were (meaning that they might
rule you have no rights) - but the management company could probably be
bluffed into re-instating him if they were threatened with a lawsuit -
as it would be horrible publicity. (repeat_ the PRESSSSS)
Often a management company will try to set up a system to restrict
access to only a location or two - THE THREAT IS , that if they push
the issue, they could have their entire system thrown out the window
and be forced to take any and all performers. this would represent a
loss of control for them, WHICH THESE TYPES OF PEOPLE HATE (which would
not be such a bad thing, anyway - this IS America, you know)
(unfortunately many "better" performers buy into this discrimination as
it gives them exclusive access - BUT that is selling your soul - as
you can see the nasty results when it turns out you are the next ones
to be discriminated against)

you should try to get all the other performers in the area to get on
board and support any action you may take - handouts, signs, work
stoppages, parades, organized moments of silence (everyone for ten
minutes at the beginning of the hour) It is often because Performers
are so eager to SLIT EACH OTHERS THROAT that individuals, or the group
can get picked on, and they gain no respect from the City or
management.( let the Press know you are doing this)

It would appear from what you are saying, this is a case where a
certain behavior was acceptable until someone expressed a certain
political point of view, in what is commonly thought of as a public
space
-- That's First amendment (Speech) and 14th amendment (equal protection)
-- Federal Law US 1982 allows for suing individuals (police, City
Attorneys, etc.) who operate under "color of law" who violate your
constitutional protections, as they are sworn by their oath of office
to uphold those rights. (ala. Rodney King)

you need to create a clear case that he was operating for years and you
need to have evidence that it was the speech violation that cased the
issue. You need to "paint" this picture very clearly and then get the
press and an attorney interested.
or::::::
you need to challenge the system, or lack there of, that allows the
police, or City, or management company to discriminate against certain
types of Speech in a public place. The issue may be that the CIty is
passing on the attority to the management company to discriminate what
can be said in Public Spaces, which would allow you to sue BOTH.

Find the 'Most Liberal" City Council Member and - once you get your
story together - send him/her emails and phone messages, try to set up
a quick meeting - perhaps before a council meeting, or other event that
they regularly attend - to explain your situation and what you want.
Council members are the police's BOSSES and THEY MAKE THE CONTRACTS
with the management companies. They tell the City Attorneys what to do.

If you have a liberal Mayor, contact the mayor's office.
If you have a liberal City Attorney, contact that office.

once you have connected with one council member, get the information to
the entire council - you will then see things start to happen behind
the scenes. Work the connections.

Making all of these moves and actions may seem like a lot and you might
feel that you just are "scratching the surface or the system" BUT, they
are what get you noticed and make you look like you are not going to
back down. most of the time, this is enough to get what you want,
without spending years in court - which is how long it can take - as
these people have a lot invested in their current established order.


CHECK OUT THESE GUYS....!!!!!!! they have and are fighting all the same
fights.
http://www.openair.org/alerts/artist/nyc.html
http://communityartsadvocates.org/streetartsintro.html

Let me know
Best of luck

Ned

[HiveQueen]

[quote]Originally posted by Mr.Taxi Trix:
<strong>

I like what you write, Hive Queen, and respect your viewpoint, but if you see the morality of major PR firms as a basis for your choices, you be part of the problem. </strong><hr></blockquote>

Irony, darling, irony. I think the sort of PR firms that employ those (and far nastier) sorts of tactics are BAD, BAD people who are betraying the public trust in exchange for very large sums of money.

However, you will find that these bad people tend to get exactly what they want. This guy's objective is to get his gig back. (As I understand it, he was functioning as an employee of the shopping district's management company, yes?) Since his situation involves dealing with a large, corporate company, it seems that using the tactics employed by large corporate companies might be effective.

Sure, he could set up a little booth outside of the company's property line handing out fliers and collecting signatures, but word of that would get to the powers that be real fast, he would be branded a troublemaker for drawing negative public attention to the "wholesome, family-oriented shopping district," and his chances of getting his gig back would drop to nil (though if his lawsuit case is good he could get a settlement.) They just don't want the bad press.

If, instead, he can show (or make it appear) that retaining his services has a direct positive financial impact on the company (backed up, if possible, by a solid contract or other legalness showing that they don't actually have a choice,) they can hire him back while keeping up their public appearance which, after all, is what this is all about.


The system is an unpleasant, nasty thing. You can ignore it, you can bash your head in against it, or you can make it work for you.

--hq

ps: There's a wonderful book that will make you angry, called

Toxic Sludge Is Good For You!
Lies, Damn Lies and the Public Relations Industry

Your local independent bookstore should have it (or be willing to order it) or you can order it directly from PRWatch.org at
http://www.prwatch.org/books/tsigfy.html

[ 10-28-2002: Message edited by: HiveQueen ]</p>

[Jim]

Ned for President.

[ALAKAZAM]

Hi
Very sorry to hear about this and offer full support for anything we can do for the dude.Maybe we all could do a collection like we did for flying bob.Everyone just send him money orders,i don't know,it might help while he isn't working.
Whattdya think
AL. cool.gif

[Triona]

He also might try contacting the ACLU as this might be construde (sp?) as an infringement on his first amendment rights.

What did he say that pissed the cop off so bad? The other side of this coin is someone the cop knew may have been a victim and any joke made about it would not sit well. You'd have gotten lynched in Washington Square if you made poor taste jokes about 9/11 last year.

[Butterfly Man]

I composed this non-threating letter so I could maybe get an interview with this lady on behalf of Jerry ... I will send it off tomorrow... any changes?


October 30, 2002

Adair Fogarty
Director of Marketing
Harborplace, Baltimore
200 East Pratt St. 4th Level
Baltimore, MD 21202

Dear Ms Fogarty,

My name is Robert Nelson. I am a Baltimore native, currently based in Los Angeles, CA. I am an active member of the Community Arts Advocates Program, an organization dedicated to expanding the public awareness, participation in and support of the street arts through performances, publicity, educational forums, consultation services, and collaborative projects.

By way of introduction, I have helped start several street performing programs throughout the United States, including Quincy Market in Boston, Pier 39 in San Francisco and Universal Citywalk, here in Los Angeles. Since the early '70's, I have worked closely with the Tom Gilmore and the Rouse Corporation setting up programs in Baltimore (Harborplace), Miami (Bayside) as well as the short-lived programs in Tampa & Nashville. In the past, I have worked with Jane Powell, Joan Davidson and John Pezzulla on special projects for Harborplace, so I am quite familiar with your superlative program and your standards of excellence.

I have recently received a copy of a letter from your office, addressed to Jerry Rowan (October 21st), notifying him of his termination from your Street Performers Program. Since I am familiar with Jerry and his work, I am taking it upon myself to see if there is anything I can do to remedy this unfortunate situation. My intention is not to compromise anyone's authority, only to facilitate artist and management communication. It is my belief that a mutual understanding between the artistic and corporate communities can benefit everyone and create a safe, exciting and entertaining environment for the public to enjoy.

I will be arriving in Baltimore on Nov. 6th and will be staying through the 10th, I would appreciate a short meeting with you during this time, at your convienience, in an attempt to better understand and perhaps resolve this matter equitably.


Sincerely,

Robert A. Nelson
PO Box 2732
Venice, CA 90294-2732
Telephone: 310 827-3692
cell: 310-251-8896


Cc. Community Arts Advocates
Stephen H. Baird, Executive Director
PO Box 112, Jamaica Plain, MA 02130
Telephone: 617-522-3407
E-mail: mail@communityartsadvocates.org
Web site: http://communityartsadvocates.org

[HiveQueen]

Looks great. Rather than waiting for her call, though, I'd tell her you'll be making a follow-up call early next week (or in a few days) to schedule your meeting.

Also, take out "perhaps" before "resolved" in the last paragraph, and change the comma after "10th" (same paragraph) to a full stop.

Good luck!

[Butterfly Man]

HiveQueen,
Thank you ever so much ... here are the implemented changes;

I will be arriving in Baltimore on Nov. 6th, and will be staying through the 10th. I would appreciate a short meeting with you during this time, at your convenience, in an attempt to better understand and resolve this matter equitably. I will give your office a call to schedule an appointment. Thank you, in advance, for your kind cooperation.

I hope she bites and my wig don't fall off!

[HiveQueen]

And remember, if she doesn't cooperate it's okay to kill her pet bunny and leave it in the office microwave -- major PR firms do it all the time!

Oh, wait, no, that was something else.

-hq

[scot]

Jerry should have kept the pity money I gave him.

[Butterfly Man]

Ms Fogarty just called ... she R-E-F-U-S-E-D to meet with me ... bitch!

I have to go eastward ... out of touch, but here's what Stephain said:

******* Stephen for President! ***********

Butterfly Man:

Great to hear from you. The web site at http://communityartsadvocates.org
has an extensive Street Artists Court Case Citation listing plus historical
references.

Rouse Company malls have been sued in civil court numerous times for First
Amendment violations. The case in Boston was decided in Federal Court on
August 27, 1990 (Citizens to End Animal Suffering v. Faneuil Hall
Marketplace, Inc., US District Court, CA No. 90-10722-T) and determined that
animal rights activists had a right to picket and protest at Faneuil Hall
Marketplace They were arrested for passing out leaflets to restaurant
patrons to not eat veal). Judge Tauro stated Faneuil Hall Marketplace must
be considered within its historical context and cannot be considered private
property.

The redevelopment agreements by Rouse Company with various cities usually
have clauses that retain these areas as "public-right-of-ways" which also
means they retain public property status as a First Amendment Forum (Unlike
an enclosed mall with doors or an amusement park that charges admission).

Technically the audition systems at these urban malls are illegally content
based allotment for times at a public space. The First Amendment does not
say "one has to be good" or "professional" to speak at a public space.
Space can be given and shared on a lottery or first-come and first-serve
content neutral basis. (My opinion of how the marketplaces need to schedule
spots is that they can do an audition and pay small honorariums plus
guarantee pass-the-hat rights to the schedule artists, but must always leave
a space open on a "first-come, first serve basis" so folks who are
traveling through or new people who are developing their craft still have a
forum.)

Generally the artists who are on the roster of approved participants will
not support challenges to the Rouse Company Management for fear of losing
income. The Rouse Company lawyers would also note Jerry Rowen accepted the
preferred treatment when other artists were excluded. This means Jerry Rowen
and all the other artists who have performed at the Marketplace have at
least tacitly accepted the Marketplace right to exclude artists. This
history and political reality will make any "Pure First Amendment" challenge
difficult.


Strategies?

1. Jerry might consider offering an apology for the remarks through an
attorney and ask to be reinstated with only the unstated threat that he is
making the apology through a lawyer.

2. Jerry might consider offering an apology for the remarks, but assert that
they are "protected speech" through an attorney and ask to be reinstated.

3. Jerry might consider a full challenge to the Marketplace with the help of
the Maryland ACLU.

Resources for and ramifications of these options need to be explored
carefully with folks in the Baltimore area. I do not know what legal
challenges that have been made previously against the Harbor Marketplace. I
do not know if the Maryland State Constitution gives more First Amendment
protection than the Federal Constitution or how the recent Maryland state
and federal courts have ruled.

Good luck with the challenge and keep me posted. I would be happy to be an
expert witness if it reaches that level of confrontation.

My best,

Stephen H. Baird
Executive Director
Community Arts Advocates, Inc.
PO Box 112
Jamaica Plain, MA 02130
617-522-3407
mail@communityartsadvocates.org
http://communityartsadvocates.org


----------
&gt;From: ButManJug@aol.com
&gt;To: mail@communityartsadvocates.org
&gt;Subject: legal issue for Stephan Baird
&gt;Date: Mon, Oct 28, 2002, 3:40 PM
&gt;

[Jim]

I want to know WHAT Jerry said.

I don't know Jerry and I've never met him or seen his show, but I have been a part of the Faneuil Hall Street Performers program and I know they have never kicked anyone out of the program for ONE slip of the tongue. (Hell, Gazzo is in the program!)

I am not taking sides, but being the Devil's advocate, I find it hard to believe that this is the ONLY reason he was kicked out of the program. Did he have previous warnings for other comments? Was this a third strike? I'm just trying to understand the whole picture. Can anyone tell us the entire story???

[Butterfly Man]

Hey Jim et al,

Just to let you know I am still going to have a go at this lady once more before resorting to my dastardly tactics ... the jokes he apparently made about the sniper and the Balt.PD pissed off the beat cops ... but this did happen before in April (that time is was just donut shop jokes and some stupid cop who tried to make him wear a helmet before he rode on his mini mini bike (a la Alakazam)) ... Jerry has an excellent act and while some of his humor is not entirely PC, my feeling is that this whole deal stems from a lady who felt threatened that she could not put a guy who has worked the pitch longer than dirt has existed, under he thumb ...it's all politics mate ... I will give you more on this debacle as it develops ...
I am in NYC tomorrow to work the clubs with Master Lee then I will see you all in Connecticut on Monday if the yellow dog cuts me loose and I survive the unhygienic environ.

P.S. Tell Gazzo he is a still a tea bag toting twit!

[le pire]

I've met Adaire on several occasions... She asked me to do my show in the shopping areas of harbouplace, although I would not be allowed to pass the hat nor would I be paid.

She said I should do it for my art.

yeah, right.


etienne

[ 11-04-2002: Message edited by: le pire ]</p>

[Jonathan Park]

test

[Jonathan Park]

Harborplace will react to bad press. You need to get tv stories and newspapers stories going. You need to paint this as David vs. Goliath.

I believe that all other performers should stop working at harborplace till Jerry is reinstated and Start picketing immediately. This will make for great tv footage;

In my opinion the performers should formally form a union. Unions prevent this kind of thing.

good luck. If Bill Maher got kicked off Politicaly Incorrect for being... Politically Incorrect, then I don't know what chance Jerry has a "family attraction." But I hope he is reinstated and soon.

[Jonathan Park]

correction:

I don't know what chance Jerry has of being reinstated at a "Family Attraction" such as Harborplace. But I hope it all resolves well for Jerrry and soon.

[Jonathan Park]

I would also suggest a writer from JUGGLE magazine do a story on this soon and call harborplace for comment, as well as Genii and Magic magazine.

Plus, if all the IJA members emailed harbor place and wrote them as well, we could start an "amnesty international" type of action.

[Michael Rosman]

A previous post here implied I have certain feelings towards management at Harborplace. That post was inappropriate and its implications inaccurate.

Michael

[Jim]

Jerry Got Press....

http://www.sunspot.net/news/local/bal-md.rodricks04nov04,0,1968485.column?co ll=bal-local-headlines (http://www.sunspot.net/news/local/bal-md.rodricks04nov04,0,1968485.column?coll=bal-local-headlines)

(Thanks to mnozzolio for the link.)

Here's the text of the article...


Harborplace comic's jokes no laughing matter to some
Dan Rodricks
------------------------------------------------------------------------
Originally published Nov 4, 2002

Dan Rodricks
------------------------------------------------------------------------
THE COMPANY that manages Harborplace has told Jerry Rowan, its most popular and interesting performer over the last two decades, to pack up his unicycle, flaming torches and snappy one-liners, and find another place to do his act.

Rowan, a juggler-comic who frequently draws the biggest crowds to Harborplace's outdoor amphitheater, complains that he's a victim of corporate overreaction to his sometimes biting, New York wise-guy comedy. (He thinks a couple of cracks about law enforcement's efforts to catch the Beltway sniper angered some police officers who were watching a recent performance.)

The Rouse Co., which dropped Rowan from its list of street performers for Harborplace, says the juggler cracked too many offensive jokes in the last year or so, and that warnings to tone down his act were ignored.

Having seen Rowan's act, as thousands of Harborplace visitors have over the years, you can understand how this talented and funny guy might have provoked a few phone calls and letters to the Harborplace management.

Rowan juggles while standing. He juggles while riding a unicycle. He juggles while riding one of those tiny circus bikes. He'll put a 5-year-old boy on his shoulders and unicycle while blindfolded. I believe I saw the man balance a full-sized adult bicycle on his nose.

Rowan is wired -- boy, is he wired! -- with a microphone and almost never stops talking. He pokes fun at people in the audience and makes sometimes stinging comments about passers-by -- especially people who are ignoring him or heckling him. Anyone who strolls by is fair game.

Some people find that hilarious and charming. Nine years ago, a Rouse Co. official wrote Rowan a letter of appreciation for his "moxie" and his "outrageousness" at Harborplace. The letter wished Rowan well as he set out to entertain corporate clients who "can sure use some of the freeing up your wit will bring."

But some people have found the words coming out of Rowan's mouth offensive. They apparently have complained to the Rouse Co., too.

In February, as the new street-performer season was about to begin, Rowan and other acts received a letter from Harborplace management that warned that "jokes that make reference to an individuals (sic) race, gender or sexual preference are NOT permitted, specifically in reference to the events of September 11. ... The use of off-color humor or profanity will not be permitted as part of any performance."

The letter threatened suspension of any of the unpaid-working-for-tips performers who violate the policy, and Rowan received a personal warning from Harborplace's marketing coordinator.

But, of course, the judgment about what constitutes an offensive remark is highly subjective -- especially in the context of public comedy -- and apparently that judgment is in the hands of the Rouse Co.

To find out, from Harborplace management's view, what Rowan did to warrant his termination from the program, I called three people at Rouse on Friday before being referred to a fourth -- David Tripp, vice president of investor relations and corporate communications. Tripp wasn't exactly helpful in the pursuit of truth.

What did Jerry Rowan do or say to get the hook?

"I'm not going to discuss it," Tripp said.

You can't tell us what Rowan said that was so offensive that you had to ban him from performing in the amphitheater?

"We've had numerous complaints about Jerry, and they're all documented," Tripp said. "We warned him. He went too far."

OK, but what's "too far"?

"I'm not going to discuss it," Tripp said, "Jerry can tell you. He can explain it in the newspaper if he wants. We're not going to get into it."

I asked Tripp if Harborplace had a contractual relationship with Rowan, and he refused to get into that, either. I was trying to determine what legal basis the Rouse Co. has for removing a street performer and generally controlling what goes on in the amphitheater. I told Tripp I didn't understand why he didn't want to explain this.

"I don't care that you don't understand," he said, and that was about when I gave up.

Tripp called back the next day to say: "I would offer you one thought: Since we don't pay Harborplace street performers -- they simply perform and collect whatever they can -- what do you suppose would be our motivation not wanting Jerry Rowan to perform? Wouldn't it seem logical that there must be some good reason and that reason is we've had a lot of complaints? We don't want to drag Jerry through the mud; he's been a long, loyal performer. But in the past year or so it's really gone downhill and we can't put up with these kind of complaints in a family environment."

Rowan, Tripp said, refused to understand that he can't use the same humor he'd use in a comedy club -- or on Late Night with David Letterman, where he once appeared -- as he would in the "family environment" of Harborplace.

I guess I understand that. My 12-year-old son reminds me that, two summers ago, when we caught Rowan's act, we thought he was hugely entertaining but maybe running on the edge of good taste a couple of times. But I don't remember it causing anyone to boo or walk away from Rowan's performance. In fact, the crowd was huge and roaring with laughter.

Maybe Rowan's brand of street performance -- spontaneous, fluid, sharp-witted -- doesn't work in such a contrived family environment. Maybe he just needs another location, free from corporate oversight.

I bet Jerry Rowan will draw a crowd wherever he throws flaming torches and one-liners.

Copyright © 2002, The Baltimore Sun

[ 11-06-2002: Message edited by: Jim ]</p>

[Jonathan Park]

Interesting column.

[Triona]

Well on the upside, if he was making jokes that pissed the Balt. PD off, at least he was protected by Harbourplace and didn't get arrested for something they trumped up. Most street performing venues he'd of been handcuffed in the back of a patrol car and his stuff conviscated (and perhaps lost in the system).

It doesn't look like Harbourplace will be backing down on this one. Like Steven and I said, he can try the ACLU, but I don't know if it will work. frown.gif

[Butterfly Man]

Just to keep you posted:

This letter (which is a cut and paste version of the same stuff I sent to Adair Fogarty) was published in the Baltimore City Paper ... sorry I don't have the link)... I deleted the last sentence before sending it as I didn't want them to know I'm just a scumbag street act like everyone else.

Baltimore City Paper "The Mail" section 12-6-2002

Although currently based in Los Angeles, I am a Baltimore native. Since the early '70's, I have worked closely with the Rouse Corporation setting up the street performing programs in Baltimore (Harborplace), Miami (Bayside), Boston (Faneuil Hall), as well as the short-lived programs in Tampa & Nashville. I have also helped start several performing programs throughout the United States, including Pier 39 in San Francisco and Universal Citywalk here in Los Angeles.

I’ve been familiar with Jerry Rowan’s act for over 20 years and feel lucky to have watched him grow into the marvelous comedic performer he is today. I have also had the opportunity to book Mr. Rowan at various times though out his career. Besides his obvious comedic talent he has always exhibited extreme professionalism, both onstage and off. He is a master of his craft and a superb comedy entertainer.

Upon hearing of Rowan’s dismissal, I flew to Baltimore in early Nov. to meet with Ms. Adair Fogarty. My intention was not to compromise her authority, only to facilitate artist and management communication. She refused to meet with me or to discuss the matter. She politely referred me to her legal department.

In my humble opinion, this is not a matter of political correctness or questionable comedy. It is simply a matter of power & politics. Ms. Fogarty found Mr. Rowan unmanageable and dismissed him, it’s as simple as that. She may have done it under the guise of being PC, but the reality is, she did it for herself. She is not out to protect anyone else, certainly not anyone in Mr. Rowan's audience.

There is an old saying, “if there is no victim, there is no comedy”. This certainly holds true, no matter what your ethnic persuasion might be. I’m sure it’s tough to do comedy and not offend anyone but I’m sure it’s even more difficult for a person not to abuse what little power they might possess. Instead of firing Jerry, perhaps Rouse should have fired that bitch for not doing her job properly.

[GlassHarper]

Re: Jerry Rowan's dismissal from his unpaid job --

"Freedom of the press is applicable only to the person who owns one." I don't know who said that, but I know that great anthropologist Tommy Smothers once suggested that he could tell how rich or poor a person was by the amount of clothes he/she wears. Poor people might, then, be called less-ons whereas rich people are....

[Keith Eveslage]

These are the Jokes. The first I read in a free weekly paper in Baltimore and have heard from several other people. The second joke is probably a regular in Jerry's show.

"Turns out they put a composite [of the D.C. area sniper]together from sightings, it seems he's a white guy who speaks Spanish and looks like an Arab."

The other joke: " I thought about being a cop, I even took the physical but it won't work out. Turns out I'm allergic to donuts."

only mildly amusing and utterly innocuous, IMHO.

Keith!

[Byron Bertram]

Any new news on this situation with Jerry?

[Jim]

El Gleno Grande (Glen Singer) emailed this info to me... Looks like Jerry has gotten some press. --Jim

-----------------------------------------------------------

www.mddailyrecord.com (http://www.mddailyrecord.com)


Volume: 4 spam Number: 84_wednesday spam October 8, 2003
Comedian sues city after being barred from Inner Harbor

By EZRA K. FIESER
Daily Record Business Writer

The joke is on the city of Baltimore. It‚s been sued ˜ by a comedian. The
American Civil
Liberties Union has added street performer Jerry Rowan to a lawsuit
claiming the city‚s
rules governing the street performer program at the Inner Harbor violate
the First
Amendment.
- Ezra K. Fieser


www.sunspot.net/maryland (http://www.sunspot.net/maryland)

Comedian's wisecracks no cause for censorship
Dan Rodricks
------------------------------------------------------------------------
Originally published Oct 9, 2003

Dan Rodricks
------------------------------------------------------------------------

I‚M GLAD the American Civil Liberties Union is taking up for the
comic-juggler Jerry
Rowan. Remind me to send these people some money. I want to remain a
card-carrying
member of any organization that stands up for a standup comic's right to
balance a bicycle
on his nose and tell jokes in the town square -- in this case, the Inner
Harbor -- even if
someone in the crowd takes offense.

This is Baltimore, not Beijing.

This is the land of the free, where the first lady of Maryland can
announce she'd like to
shoot Britney Spears -- and not even apologize!

This is a great country!

Rush Limbaugh is an overrated talk-show host because the media in this
country have been
very desirous that a middle-aged white blowhard do well.

There, I said it!

Vive la liberte! (That's French. I used it just then to annoy the
French-haters out there.
Pretty funny, huh?)

But what we have here in Rowan vs. City of Baltimore is a comic being
deprived of a
livelihood -- and a public deprived of his humor -- because of some
arbitrary judgment that
a couple of jokes he delivered during his juggling act a year ago near the
Rouse Co.'s
Harborplace were offensive to persons unknown.

As one of the most popular performers at the Inner Harbor over the past
two decades,
Rowan, a New York wise guy and graduate of the Ringling Bros. and Barnum &
Bailey
Clown College, has told a million jokes while pedaling a unicycle and
juggling flaming
torches in the amphitheater between the Light and Pratt street pavilions.
He has a very
strong act, with lots of clever improv. He is blessed with great timing
and the instincts for
working a crowd into big laughs.

The jokes that got him into trouble with the Rouse Co. last October were
more wisecracks
than anything else -- the kind of thing you might get from sarcastic
deejays on FM rock
stations during morning drive time -- and they had to do with the sniper
shootings in the
Washington suburbs.

Now, a string of random killings might not have been a wise choice as
subject matter for
Rowan, but he has frequently spiced his act with a little edge and some
topical references.
That kind of comedy always generates complaints, and the Rouse Co. got
some. But
Rowan remained in place as the top act in the amphitheater.

Then, last October, he made some cracks about the snipings.

"I was driving downtown this morning," Rowan said, "and on the radio I
heard that they've
finally come out with a composite of the sniper, so there should be an
arrest forthcoming.
Apparently, he's a white guy that speaks Spanish and looks like he's Arab."

He thinks he might have then quipped: "Five thousand cops and they can't
find one guy."

As I said, wisecracks, and not even that funny -- in the world of
contemporary live comedy,
tame stuff. Rowan can't remember the crowd booing or grumbling about these
remarks.
What he heard was laughter.

But apparently some city police officers took offense and complained to
Harborplace
management. A short time later, the Rouse Co. removed Rowan from the list
of approved
street performers. He hasn't worked at Harborplace, his bread-and-butter
venue, since.

Harborplace was built on city parkland. The amphitheater is a public
space. But the Rouse
Co. generally controls what happens there -- as if it's Disney and the
amphitheater Disney
World. In administering the street-performer program, it holds public
auditions -- for
several years with its once-top performer, Jerry Rowan, as emcee -- and
apparently has
considerable authority over who gets to sing for their supper. (The
performers are not paid,
and work for tips.)

Rowan made plenty of tips but, more than that, his performances at
Harborplace generated
other jobs, including many corporate parties, at $1,000 a pop. All that
has dried up in the
year since he was blacklisted.

"I'm sitting here reading Inside Lacrosse magazine," Rowan said yesterday.

Rowan's wife is a physical therapist. He's a stay-at-home dad with two
little kids, and he
doesn't have much time during the week to promote himself or run out for
jobs, even if he
got them. The fabulous, good-weather weekends at Harborplace generated
most of his
annual income as a street performer, $20,000 to $30,000.

The hardship on Rowan might not be our concern.

But every fan of free speech should be outraged that, based on a couple of
complaints,
some fraidy-cat with a degree in marketing can ban the likes of Jerry
Rowan from a public
place.

"By allowing speech to be banned solely because of its content," said
Rajeev Goyle, the
ACLU attorney representing Rowan, "the city of Baltimore has transformed
the Inner
Harbor, a large public gathering place that is Baltimore's main public
square, into an area
where only approved speech is permitted, in direct violation of the First
Amendment."

The "Rousting" of this guy out of Harborplace is an outrage. I'm glad the
ACLU is suing
the city on Rowan's behalf.

But I'm a taxpayer of the old palatinate and I don't want to pay for a big
settlement.

So let's put the man back to work -- in Harborplace, in prime time, on
busy weekend
afternoons -- and let him work for laughs, and for his supper.

[ 10-19-2003: Message edited by: Jim ]</p>

[Jim]

Even More news (see post below, as well) Steven Baird wrote me the following email. --Jim

----------------------------------------------------------

Jim:

I've recently updated the legal section on Street Arts & Buskers Advocates web pages with two pages. The ACLU has just taken on Jerry Rowan's challenge and there were a number of articles and editorials this past week including one in the Washington Post. spamThe two pages are:


1. Tom Noddy emails and documents about his recent civil disobedience act of being arrested for juggling on the streets of Santa Cruz on June 26, 2003. http://communityartsadvocates.org/saalegalSantaCruz.html
2. Jerry Rowan documents and online references about the banning of his street performances from Baltimore Harborplace by the City of Baltimore and Rouse Company on October 21, 2002 for telling a joke about the DC sniper case. http://communityartsadvocates.org/saalegalbaltimore.html


Jerry asked me to urge folks to write letters to the editors to the Baltimore publications The Sun and City Paper. spamThanks to the Butterfly Man and Glenn Singer for past letters of support.

I am also preparing to sue the City of Boston in Federal court for limiting performances. spamAny artists who have been shut down for performing in Dock Square (front of Faneuil Hall by the Sam Admas statue) or other areas of the city should contact me asap.

Thanks


Stephen H. Baird
Street Arts and Buskers Advocates
Community Arts Advocates, Inc.
PO Box 112
Jamaica Plain, MA 02130
617-522-3407
mail@communityartsadvocates.org
http://communityartsadvocates.org

Street Arts and Buskers Advocates: Celebrating self-expression as a basic human right essential for the healthy growth of youth, individuals and communities

[Jim]

Here's an update on the latest in the Jerry Rowan/ Baltimore/ Harborplace saga...

I just spoke to Jerry on the phone. He's trying to stay warm and patiently waiting for the ACLU to get the time to look at his case.

This was taken from Steven Baird's web site (http://communityartsadvocates.org/saalegalbaltimore.html):
February 4, 2004 -- Thje City of Baltimore is considering a new street entertainers ordinance with an application fee of $75. See article in Baltimore City Paper http://www.citypaper.com/2004-02-04/mobs.html

February 5, 2004 -- Received call from Jerry Rowan with an update on the status of his legal case against the City of Baltimore. The joining of Jerry Rowan's case with the Woman in Black war protest case by the ACLU was challenged by the city and the court agreed the cases need to be argued separately. The ACLU and Jerry Rowan are actively seeking a large law firm to support a First Amendment federal court case. Jerry has been unable to perform in Baltimore for over 16 months.


More information will be here when it comes in.

Jim

[Butterfly Man]

Talked with Jerry Rowen today ... he reports steady progress has been made with the ACLU and his pending action against Harbourfront ... as he put's it:

"Never start a fight with an ugly man, Robert ... they've got nothin' to lose."


...words to live by!


P.S. That book Gazzo is selling has a bunch of Jerry's lines in it ... (amongst a host of others) ... no one gave him permission to use any of them ... Gazzo should be drawn and quartered.:mad: