Featured Actor Joined: 3/1/10
But he’s a tourist attraction. Lol. We need tourism back in NYC.
Broadway Legend Joined: 3/21/05
ArtMan said: "That's probably because many tourists, including those from the US, think it is okay to take his picture and not tip. I mean ....the guy is standing there in his drawers. If you want to take his picture, give at least a $1. I see it all the time at Freemont Street in Las Vegas. Cheap as hell people. Don't blame it on other cultures. Most countries have the same type of situation."
He's in a public place, where there is no right to privacy. He's not entitled to any compensation for having his picture taken in a public place (or place of public accommodation).
Nyc laws regarding the rights of street performers have always confused me. I've heard conflicting rules from different people who have had minor or major careers as street performers. My hunch is it largely depends on whether the police in the particular space like you or not.
Updated On: 3/17/21 at 02:41 PMBroadway Legend Joined: 9/10/08
Fosse76 said: "ArtMan said: "That's probably because many tourists, including those from the US, think it is okay to take his picture and not tip. I mean ....the guy is standing there in his drawers. If you want to take his picture, give at least a $1. I see it all the time at Freemont Street in Las Vegas. Cheap as hell people. Don't blame it on other cultures. Most countries have the same type of situation."
He's in a public place, where there is no right toprivacy. He's not entitled to any compensation for having his picture taken in a public place (or place of public accommodation)."
He's a "street performer". That is why they are out there. They survive on tips. I DON"T take their pictures, so I'm not obligated to tip. If I took a picture, then I would give them a dollar. Of course, I'm not obligated, but it's the right thing to do. It's a f***n dollar. Jeesh!
Broadway Legend Joined: 3/21/05
John Adams said: ""Panhandling" or "Plying One's Trade"?
Panhandle:
verb (used without object),pan·han·dled,pan·han·dling.
to accost passers-by on the street and beg from them.
Ply One's Trade:
formal
: to do one's particular kind of work
Is it relevant whether/not anyone agrees/disagrees with his politics, or approves/disapproves of how he chooses to make $150,000/year? Only in regards to forming moral judgements/opinions.
The officer saysthat The Naked Cowboy was panhandling. There areunknown facts (unknown by me, at least) regarding Daytona's legal definition of "panhandling" that raise doubt.
Superficially, it appears that the Cowboy was plying his trade. He was wearing his trademarked work uniform, including his guitar. It *seems* more likely that he was arrested for working at his job; a job he is famous (infamous?) for legally performing."
A dictionary definition is not equal to a legal definition. There are laws (whether generic or specific) that regulate businesses and individuals who are "Plying their trade." I guarantee none of those costumed creeps are not "plying a trade," otherwise they'd be able to legally charge money, instead of demanding legally optional tips.
But that is neither here nor there. He's out in the open in a public place and therefore cannot enforce any privacy rights to his image. And while panhandling is Constitutionally protected under Supreme Court precedent, aggressive panhandling is not. In Daytona, the statute forbids "repetitive requests for donations of money despite refusals, the use of abusive or profane language, unwanted physical contact, and the intentional, or as incident to the aggressive panhandling and begging, blocking of pedestrian and vehicular traffic." I'm sure at least two of those apply to the Naked Cowboy, since I've seen him engage in some of this type of behavior repeatedly in Times Square.
Broadway Legend Joined: 9/10/08
And yet I've never seen any of that enforced by police in Times Square, Las Vegas, New Orleans, London, Paris...............................It is possible that the Daytona Police had a bigger problem that he was drawing a crowd of unmasked, nonsocial distanced people during a pandemic. They chose the usually nonenforced law of panhandling to eliminate the situation. I personally have never had a problem with a panhandler. I ignore them and don't engage. Easy.
The precise laws vary by jurisdiction but the basic standard is based on threatening behavior which is evaluated (by a jury or other fact-finder) based on what a reasonable person would feel. under the circumstances. That may not be the same in NYC as it is in Daytona Beach, even if the laws themselves are identical.
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