The original idea for the site was to make legal information about busking accessible online. But, it didn’t take long to see that a jumble of miscellaneous ideas about arrests, complaints, rules, and so forth wouldn’t attract very much traffic, and would consequently be difficult to find through Google, negating the original purpose.
Hence the blog idea — and indeed, I’ve been having a lot of fun sharing stories from underground. (There are so many!) But, it’s time to keep working on the legal aspect, especially now that we have a bit of an audience. We’ll also soon be adding a list of legal posts on the sidebar, so these notes are easily findable for newcomers.
So here’s an important update. Yesterday, I went to the Civilian Complaint Review Board at 40 Rector St., to do an interview in follow-up to a complaint I had filed after my arrest on June 18th.
It’s easy to file a complaint, by the way. Go to this link, and fill out the form or call. You’ll see below why that might be important.
I had actually filed two complaints after the arrest. The first was for wrongful arrest. Essentially, went my complaint, it’s legal to perform, but I was nonetheless arrested for it.
The second was about what the CCRB calls “Abuse of Authority.” When I went back to the Transit District 1 Stationhouse after I was released from Midtown Criminal Court on the 19th, I asked to file a complaint about the arrest. I was told not only that I could not file a complaint there, but in fact that there was no complaint form at all! (As you can see on the CCRB page, that information is not only false, but stationhouses are in fact mandated to accept complaints in person). That conversation ended at that point, because I was threatened with arrest if I didn’t leave the stationhouse.
The CCRB has two ways to pursue complaints. One is to schedule a “Mediation” meeting with the officer in question, and the other is to investigate. However, only certain complaints are in CCRB jurisdiction; the others are referred to other offices like Internal Affairs and the Office of the Chief of Department. (This is, at least, what I was told. I was not the only complainant in the office to experience bureaucracy-induced disorientation!)
When I met with the investigator assigned to my complaint, she immediately knew that the wrongful arrest complaint couldn’t be pursued by the CCRB, because it falls outside their jurisdiction. More on that later.
We did however decide that the abuse of authority complaint could be pursued within the CCRB. So, we did a tape-recorded interview about what happened, and then investigator then asked if I wanted the complaint to go to mediation or to investigation. The process of investigation is outlined in this article by a former investigator that I read last year. The gist of it (as I hazily recall — would that I had more time for this post before getting out the door) is that CCRB investigators make a valiant attempt to substantiate charges, but because they ultimately have no power to impose sanctions, the process is more or less moot.
Point being, I opted for mediation, because it will hopefully lead to a face-to-face meeting with the sergeant who told me I had no way to complain. I have a lot of thinking to do about how to handle that, but my hope is that it could be productive.
And if not, the complaint can always proceed to investigation following the mediation meeting. So, while the CCRB may be unable to impose any kind of sanction, this process still feels tentatively promising with regards to Abuse of Authority.
Now, back to the question of wrongful arrest. My investigator does not make decisions on referrals, and she was not initially able to provide many details on where the complaint could go. (Strange, right? Can I be the only person in NYC to file a complaint over wrongful arrest? Somehow I doubt it).
However, I really worked to advocate for myself and for other buskers who experience harassment. I told her on the record that arrest, harassment, and ignorance of the rules are all widespread problems, as per what I’ve heard in the grassroots, and that I’d like to be heard on that topic, not just about my own arrest. Further, I told her that the NYPD might well be interested in seeking a solution, i.e. reducing the amount of harassment, if the issue is brought to their attention through the right channels.
The end result is ambiguous: my complaint will be reviewed and referred, hopefully within the next two months. The theory I fleshed out with the investigator is that my personal wrongful arrest claim will go to the bureau responsible for those complaints, I believe the Office of the Chief of Department, and that follow-up on performers’ rights may, fingers crossed, be brought to the notice of Internal Affairs for a meeting.
So, touch wood on that one. I do hope this post outlines many reasons why the CCRB can help us with self-advocacy, and would love to hear from performers who have had experiences with CCRB in the past. And, I’ll keep the updates coming about all of these threads — especially the possibility of Internal Affairs!