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Tuesday, May 15, 2018

Ocean City restrictions on boardwalk performances are unconstitutional, judge rules

Some restrictions on boardwalk performers in Ocean City have been deemed unconstitutional.

The Daily Times of Salisbury reports U.S. District Court Judge Richard D. Bennett ruled performers on the Ocean City Boardwalk will no longer have to sign up for spaces a week in advance. Performers are also no longer restricted to certain dedicated areas, and performances before 10 a.m. and advertising are now permitted.

The decision says Ocean City’s restrictions placed a “substantial burden” on harmless speech. Ocean City can still ban performances after 1 a.m., items bigger than 6 feet and performances on certain streets.

Ocean City Town Solicitor Guy Ayres says the town hasn’t decided whether to file an appeal.

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4 comments:

  1. A win for the little guy. Love it!

    ReplyDelete
  2. 7:45. Respectfully, you could not be more wrong.
    This isn't "the little guy", these are the scammers, and because of this ruling you will see an influx of con artists flooding the boardwalk this summer.
    The vast majority of these so-called artists are individuals that have found the loophole in our Constitution to be able to operate a tax-free, permit-free, rent-free, oversight-free business on the busiest summer thoroughfare in the State.
    I will agree that there is a handful of true "buskers" that are very entertaining and add to the carnival-type atmosphere of the boardwalk. They perform their unique acts and do very well with the tip cup in front of the show, as well they should.
    Now, with this ruling, those true entertainers will be pushed out by the profiteers - the ones that are just flat-out opening a "store" with no overhead and a 100% profit on their gross.
    "A win for the little guy"? No way. It's just the opposite. This "win" pushes the little guy right out of the picture.

    ReplyDelete
  3. 8:31 you are so right.

    I am not a big fan of the disgusting paint fumes I am forced to breathe from the spray paint dude. I should not have to be exposed to toxic fumes when all want is fresh air and french fries

    Cant smoke there but you can huff.

    ReplyDelete
  4. BINGO 831am. The door is now cracked, Guy Guy and City Hall know this while puckering in their chairs, everyone/thing will now barge through to stake their claim!

    Going to be a very interesting Summer. The WALL, parking meters and the show on the boardwalk!

    Couldn't happen to a better town - MY TOWN!!!!

    Ugh!

    ReplyDelete

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