We Remember The Magic Café We Remember
Username:
Password:
[ Lost Password ]
  [ Forgot Username ]
The Magic Cafe Forum Index » » The side walk shuffle » » Laws regarding performing (Not for money?) (2 Likes) Printer Friendly Version

Head Case
View Profile
Inner circle
1138 Posts

Profile of Head Case
I'm curious, are there any laws about showing people magic? Let's say your in a mall, and you show someone a card trick, and crowd gathers around you, and you end up doing a small set for the crowd. No table, no elaborate props, you're just using a deck of cards and you're just doing stand up material for a group of people, and a security guard walks up and says you can't be doing "that".

As long as you're not asking for money, can they really tell you to stop? I thought I heard a long time ago that performing magic not for money, is basically freedom of speech. Not sure if I totally believe that.

What are your thoughts?
William Dee
View Profile
New user
99 Posts

Profile of William Dee
A mall is private property and mall employees, including security, are paid to oversee the property. The property owner has the right to conduct business in the way they see fit within reason of course.

The freedom of speech, or the first amendment, only applies to public property. This allows you to peaceably assemble and guards your freedom to speak on a topic of your choosing. It does only cover you against any government censorship in any form. This includes police, the court system, etc.

so in your example the security guards are well within the law as they are enforcing the owners policy on private property.

The money aspect only comes into play when determining if you're panhandling on public property. In recent years cities have realized that the number of panhandlers have gone though the roof as this can provide hundreds of dollars a day.

So cities have created ordinances to make panhandling illegal unfortunately street performers can be lumped into this because of police ignorance. The cities are now finding out that panhandling is covered under the first amendment and the ACLU is making large dollars defending people who panhandle and have had their right violated.
Hope that sheds a bit of light on it for you.
Dick Oslund
View Profile
Inner circle
8361 Posts

Profile of Dick Oslund
Thanks William!

You've stated that very clearly, briefly, and completely.
SNEAKY, UNDERHANDED, DEVIOUS,& SURREPTITIOUS ITINERANT MOUNTEBANK
MVoss
View Profile
Veteran user
Boston, MA
372 Posts

Profile of MVoss
Yeah William, that was perfect.
gallagher
View Profile
Inner circle
1109 Posts

Profile of gallagher
Hey William,
In 12 sentences,
.....you nailed that fly to the wall.

This should go to the top of the heap,
..and be 'locked'.

thanks for taking the time,
gallagher
cbguy
View Profile
Veteran user
350 Posts

Profile of cbguy
If you want to perform for free, contact any charity, there are tens of thousands of them. They love it when people are willing to work for free.
Head Case
View Profile
Inner circle
1138 Posts

Profile of Head Case
Quote:
On Sep 30, 2016, William Dee wrote:
A mall is private property and mall employees, including security, are paid to oversee the property. The property owner has the right to conduct business in the way they see fit within reason of course.

The freedom of speech, or the first amendment, only applies to public property. This allows you to peaceably assemble and guards your freedom to speak on a topic of your choosing. It does only cover you against any government censorship in any form. This includes police, the court system, etc.

so in your example the security guards are well within the law as they are enforcing the owners policy on private property.

The money aspect only comes into play when determining if you're panhandling on public property. In recent years cities have realized that the number of panhandlers have gone though the roof as this can provide hundreds of dollars a day.

So cities have created ordinances to make panhandling illegal unfortunately street performers can be lumped into this because of police ignorance. The cities are now finding out that panhandling is covered under the first amendment and the ACLU is making large dollars defending people who panhandle and have had their right violated.
Hope that sheds a bit of light on it for you.


Super informative! Thank you for taking the time to write that. And thank you for sharing!
Head Case
View Profile
Inner circle
1138 Posts

Profile of Head Case
Quote:
On Oct 9, 2016, cbguy wrote:
If you want to perform for free, contact any charity, there are tens of thousands of them. They love it when people are willing to work for free.



I plan on doing this, a lot actually. In about 2 months time. 😀
The Magic Cafe Forum Index » » The side walk shuffle » » Laws regarding performing (Not for money?) (2 Likes)
[ Top of Page ]
All content & postings Copyright © 2001-2021 Steve Brooks. All Rights Reserved.
This page was created in 0.19 seconds requiring 5 database queries.
The views and comments expressed on The Magic Café
are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic.
> Privacy Statement <

ROTFL Billions and billions served! ROTFL