In November 2015, eight Ocean City Boardwalk street performers filed suit in U.S. District Court seeking $1 million in punitive and compensatory damages and injunctive relief from the town’s revised ordinance regulating buskers. On two occasions, the plaintiffs’ suit was rejected by the court, largely over procedural issues, but the third amended complaint filed last September, while still rife with procedural issues, does have merit and will continue, U.S. District Court Judge William Nickerson ruled last week, essentially denying the town’s motion to dismiss the case.
“It is clear that the plaintiffs’ action arises under the First Amendment of the United States Constitution, which can be enforced against municipalities through the 14th Amendment’s due process clause,” the opinion reads.
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3 comments:
This is Bullsh!t. Those clowns are not paying rent for that space on the boardwalk where the business owners are. This is wrong because they don't deserve a free spot on the boardwalk to make money at the tax payers expense.
Of COURSE it's BS.
These "buskers" are just finding loopholes to ply their so-called entertainment - rent-free on the busiest thoroughfares in the State.
My question is this: Why doesn't Bethany, Rehoboth, etc., have this problem?
I hate the spray painters. If I wanted to smell that toxic crap I would paint my house. this is not something that belongs on the boardwalk. It is a nuisance and harmful to the public.
Ghetto carnie acts.
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