| I have never told this story before. Not to the | | | | had already told him how this little harmless tool is |
| world anyway. A few years back I decided to | | | | used and that it was certainly not a weapon. |
| take a sabbatical from everything and just take | | | | At this point they announced that they were |
| my guitar on the road. I worked my way from | | | | going to arrest me for Violation of the Miami |
| Austin Texas down to Miami Beach. I would play | | | | Beach Ordinance against street performers. |
| around Ocean Drive and Lincoln Road. It's a tough | | | | "No you're not. I'm sitting here on a Sunday |
| gig to play guitar on the street. | | | | Morning minding my own business and I haven't |
| Technically at that time I guess I was considered | | | | broken any laws, and I can play a guitar |
| as homeless but I prefer residentially challenged. I | | | | anywhere I want. Can you give me back by capo |
| literally gave away all of my possessions when I | | | | please?" |
| left Texas and I don't know why. Maybe I just | | | | On the police report they wrote that I had, |
| wanted to know what it would feel like to have | | | | "lunged toward them", right about now. That was |
| nothing but the clothes on my back and my | | | | the moment when I held out my hand; palm up. |
| guitar. To this day I believe I was divinely inspired. | | | | The officer behind me promptly grabbed me |
| A man learns something from having nothing. No | | | | around my throat. The officer holding my capo |
| one who has never been in that position can ever | | | | took my left hand and begin to bend my fingers |
| understand. I truly feel thankful today for what I | | | | backward, and the other officer grabbed my right |
| have and empathize with anyone sleeping out | | | | arm and began to try an arm bar. Now I guess |
| doors today regardless of what situation may | | | | that when the police are trained in all of these |
| have put them there. | | | | maneuvers, that they are not trained in what |
| When in Miami Beach I would sleep sometimes | | | | happens if three officers are applying three |
| behind buildings and even right on the beach. I | | | | different methods simultaneously. Let me explain |
| always would chain my guitar to me along with | | | | that the human body can't bend in that many |
| my bag. In order to steal from me a thief would | | | | directions at one time. So resolutely I began to |
| have to wake me up and most thieves are too | | | | scream for help at the top of my lungs and |
| darn sneaky to want to go through all of that. I | | | | demand that they release me. I was in pain and |
| would take my shower every morning outside at | | | | couldn't cooperate because which ever direction I |
| the public shower on the beach. Then play a few | | | | turned the other would think I was in defiance. |
| hours. Later I would sit outside the Starbucks and | | | | What followed is that the officer behind me |
| have coffee and make pleasant conversation with | | | | applied deadly force with a choke hold and I could |
| the super rich. It was almost like I was living the | | | | actually feel that my air passage was blocked and |
| lifestyle of the rich and famous but on a budget. | | | | I was being strangled. I blacked out for a moment |
| Other people on the street who knew who I was | | | | and hit the ground face first with my arms still |
| felt a feeling of safety when I was around. | | | | being held by the other officers. First I hit my |
| Sometimes I would sleep on a life guard tower | | | | knees and then straight to my face. At this point |
| and I would notice a few of the same faces | | | | the officer behind me who had applied the choke |
| would sleep nearby. Bag ladies, male hustlers who | | | | hold decided that despite the fact that I was face |
| had just gone crazy from a life of prostitution, | | | | down on the pavement I was still struggling. What |
| illegals who were trying to keep a low profile, | | | | he did was grab me by my forehead and pull my |
| basically people who would not harm anyone and | | | | head up and backward and sprayed mace directly |
| were tired of being harmed. | | | | into my eyes from a distance of one inch. They |
| They knew that around me there was no drugs | | | | then cuffed me bleeding and battered and pulled |
| or alcohol, and we spoke little to each other but I | | | | me to my knees, and left me sitting for abut |
| could tell that a certain type of person would | | | | thirty minutes while they wrote their report. The |
| migrate near my presence. It's funny even when | | | | whole time they taunted me about the snot and |
| someone doesn't have a home they migrate to | | | | blood on my face and my overall condition. They |
| the same familiar spots. The same places to | | | | asked me over and over while laughing, |
| camp. Familiarity is good. These people live a daily | | | | "How does that mace feel?" |
| life of isolation even though they are surrounded | | | | They even told me they were going to toss my |
| by many. | | | | guitar into the garbage. |
| The drunks, drug dealers and mean people, I just | | | | They took me to the hospital for a check up, left |
| stayed away from them. This period of time only | | | | me in the back of the cop car for an hour, |
| lasted a few months. I had found a job and was | | | | brought me in and I remember speaking to |
| actually working when the Police came upon me | | | | someone who refused to address any of my |
| one morning. Imagine working hard but still unable | | | | wounds or acknowledge I had any, and finally |
| to save enough for a residence. I wouldn't even | | | | processed me to a holding cell still in a state of |
| carry the money on my person. I would only | | | | blindness. |
| carry the money I made playing guitar and that | | | | I refused to plead guilty to either charge and they |
| was never more then say $75.00 to $100.00 on a | | | | would not release me until the trial because I had |
| good night. | | | | no legal residence. I spent a total of twenty-three |
| I was sitting in front of the Starbucks on a bench | | | | days in the Miami-Dade County Jail. While I was in |
| away from their terrace on the street. A public | | | | Jail I fell in with the Cubans who all seemed to like |
| bench not a bus stop. It was a Sunday morning, | | | | me. Probably because of their rich musical |
| about 9am just after a rain, and there wasn't a | | | | heritage. They couldn't understand what the heck |
| soul on Ocean Drive. I had been through a hard | | | | a guy was doing in jail for playing guitar. I am sure |
| night with the rain. I was really sitting on the | | | | they saw this as frightening, as they had all just |
| bench waiting for the sun to come out and dry | | | | fled Fidel. They gave me songs of freedom to |
| my bones. I opened my guitar case as it had | | | | play when I got out. One song in particular about |
| become wet and I was quietly strumming and | | | | the long raft trip someone makes when fleeing |
| tuning my guitar when the police rolled up. | | | | Cuba was called "Cancion del Balsero." I played |
| I did my best to just ignore them, but within a | | | | that for weeks afterward. I always drew a crowd |
| minute or two another car had arrived. I soon had | | | | with that one. I found out later I had the timing |
| three officers standing as tightly as they could | | | | and Spanish of the song all wrong, but people still |
| around me. I went through the usual preliminary | | | | liked it. |
| questions, showed my ID, and really was | | | | I was charged with resisting arrest and violation |
| expecting them to leave. I guess it was my turn | | | | of the Miami Street performing ordinance. Later |
| that morning. One of the officers grabbed my | | | | before a jury and with a wonderful team of public |
| capo which was on the bench next to me and | | | | defenders who truly cared about the US |
| begin to toss it around in his hand. | | | | Constitution, I was found to be Not-Guilty of both |
| "What's this", he asked? | | | | charges. I watched in the court room as all three |
| I explained how it is used to change the pitch on | | | | Police Officers tried to tell their fabricated story |
| my guitar, at least I was trying to explain when | | | | but the Judge and Jury did not buy any of it. |
| he interrupted me: | | | | Later after I walked from Jail I got my guitar |
| "It looks like a weapon to me", he said. | | | | back. I kept a copy of the trial transcript in my |
| I started to explain but he cut me off again and | | | | pocket just in case. From time to time I would |
| this time told me that because it looked like a | | | | have other street performers and artists thank |
| weapon that he was going to keep it. Too | | | | me for overturning the Miami Beach ordinance. |
| dangerous for me to be carrying around. I still | | | | The city fought it all the way to the Florida |
| remember him grinning at me holding my personal | | | | Supreme Court and lost again and again. The |
| possession which had about a $12.00 value, not to | | | | ACLU represented my case at the state level. |
| mention the fact that I would not be able to find | | | | People have asked me why I never sued the |
| one without taking three busses to North Miami to | | | | City. Why should I? Why would I want to take |
| find a music store. I knew all about that trip | | | | tax dollars from regular people just because of |
| having made that all day trip once before to get | | | | the corrupt laws of the City they live in? Why |
| some decent strings. | | | | should I hold every day people accountable for a |
| Well I had had just about enough so I made the | | | | Police Force that doesn't know that it is wrong to |
| big mistake, I stood up. After I was on my feet I | | | | threaten to kill a man for strumming a guitar on a |
| held out my hand, palm up, and very politely | | | | quiet Sunday morning? Victory doesn't always |
| asked the officer to please return my personal | | | | have to be about personal gain, and sometimes |
| possession to me. I tried explaining again that I | | | | victory comes with some pain. |