Drive past the Carrollton Avenue neutral ground between Costco and Xavier University, and you're likely to see Memphis Mike. You can't miss him: He's the guy playing music by himself.
But on Sept. 13, Memphis got booted from his spot.
According to Memphis and as evidenced in a photo of the incident, two NOPD officers approached the musician and told him to pack up his things and move along. The officers, Memphis said, told him he was violating City Ordinance 14:1, and that he needed a permit to play his drums there.
"After discussions with the City Attorney's Office, we have determined this individual must obtain a permit to play on the neutral ground," NOPD spokeswoman Ambria Washington wrote in an email about the incident.
Memphis, who is homeless and makes his way to his usual Carrollton spot almost daily, shrugged it all off and showed back up the next day with his bass guitar, ready to keep playing along with his accompaniment: a small radio tuned to 95.7 FM.
The ordinance, Memphis said, "is a real big bulls-- law."
The ordinance -- which makes it "unlawful to keep any piano, organ or other musical instrument whatsoever" in a "public park or place of public resort or recreation," including a "licensed theatre or restaurant," without a permit -- was adopted in New Orleans 100 years ago. Back then, some powerful folks in the city tried to buckle down on vice. Storyville was notably shut down just months after 14:1 was enacted.
The ordinance "can have no other aim than to hold the ground already gained in the stricter regulation of the saloon and the expulsion of the cabaret, which had become a stench in the nostrils of the community and whose removal earned for the city government the gratitude of every self-respecting man and woman in the community," reads a March 30, 1917, Daily States news item regarding challenges to the ordinance.
I don't doubt anything about the stench of the cabaret; I've walked down Bourbon Street. But, 100 years later, when we've come to appreciate live music in our bars, throw down cash for performers busking in Jackson Square and actively sell the image of New Orleans as a place of music and culture -- what does this ordinance actually do?
The Music and Culture Coalition of New Orleans' Guide to New Orleans Street Performance notes that permits aren't required for buskers to perform on the street, though there are guidelines about the specifics. You can't, for example, block any public rights of way, nor can you perform on Bourbon Street between 8 p.m. and 6 a.m. There are also some noise level restrictions, and performers can't aggressively ask for tips.
Ordinance 14:1 is not only vague -- what does "keep" an instrument mean? -- but read it one way, and it makes it illegal for any performer to actually have a music instrument without a permit.
"Calling it hypocritical is too kind," said MACCNO spokeswoman and co-founder Hannah Kreiger-Benson. "It's an incredibly, stunningly clear example of the ways the laws in the books in the city are deeply hostile to culture."
The law isn't often enforced, Kreiger-Benson said, but when it is, it's detrimental and confusing to performers.
The ordinance "not being enforced is sort of the norm, but ... what the city values, the laws on the book kind of go beneath the lip service that everybody pays."
"The fact that it ever existed and still exists -- it's that continuum of deeply unfriendly laws, which are occasionally pulled out as weapons," she said.
A request for clarification on 14:1 was sent to the Mayor Mitch Landrieu's office, but it has yet to be answered.
Memphis, for one, isn't worried. His bass doesn't even get plugged into anything, and he uses hunks of wood for make-believe pedals. His whole act is just for fun, and sometimes he gets a couple bucks out of the deal.
"I entertain people, and if they want to give me money, they can, and if they don't that's fine," he said. "I guess you didn't like it."
Memphis has been playing the drums for about 25 years. He started playing after injuring his hand in a motorcycle accident made his dexterity on the bass strings more difficult. He said he's played in reggae bands, country bands, gospel groups, and even a hip-hop group.
And he's got a plan if police show up again to move him along.
"If they say something about the bass, guess what?" he said. "I've got a harmonica."

#1: GrandIsland To: Deckard (#0)
There, I fixed your yella article.
GrandIsland posted on 2017-11-24 20:55:20 Reply Private Reply
#2: Deckard To: GrandIsland (#1)
"If they say something about the bass, guess what?" he said. "I've got a harmonica."
Deckard posted on 2017-11-24 22:27:45 Reply Private Reply
#3: Gatlin To: Deckard, GrandIsland (#2)
Uh how is a harmonica exempt for the ordinance which makes it "unlawful to keep any piano, organ or other musical instrument whatsoever?"
How can the harmonica not be considered a musical instrument? Can you please explain that?
You are such a simpleton
Gatlin posted on 2017-11-25 07:56:40 Reply Private Reply
#4: A K A Stone To: GrandIsland (#1)
A K A Stone posted on 2017-11-25 08:01:16 Reply Private Reply
#5: A K A Stone To: Gatlin (#3)
A K A Stone posted on 2017-11-25 08:02:33 Reply Private Reply
#6: Willie Green To: Deckard (#0)
Willie Green posted on 2017-11-25 09:51:44 Reply Private Reply
#7: GrandIsland To: A K A Stone (#4)
Unfortunately, he won't do "pretend" time or pay a "pretend" fine. I'm sure the law would stand the constitutional test. There have been millions of laws from millions of municipalities... regulating the sheeps ability to be the most important person they know... like subjecting other people in PUBLIC to their noise, smell and filth... just because they like it.
You are on the cusp of normal thinking. Goldie was similar... but would cater to the internet FR kooks, because she wanted to keep her posting base. Someone needs to create a home for the CT, drug loving antifa kooks, after they get banned from the bigger, more normal forums.
We are a nation of laws. When you pick and choose which one you will obey, you live on a slippery slope... and most likely, the filth that caused the laws you don't agree with, to be made.
I personally loath those that cause laws to be made. They are kinda like those few cops I use to work with that did such outrageous things, they caused new POLICY... and in most cases reduced some sort of freedom in the why you could perform the job.
If you worked in my department and created new policies because you felt you could pick and choose what policy you'd follow or do stupid shit (because you're the most important person you know)... I'd take care of your problem, behind the scenes.
GrandIsland posted on 2017-11-25 09:57:09 Reply Private Reply
#8: buckeroo To: GrandIsland (#7)
ROTFL
buckeroo posted on 2017-11-25 10:04:11 Reply Private Reply
#9: Deckard To: Gatlin (#3)
It's not exempt - that's the point.
This guy refuses to be cowed by a bullshit law like this, and surprise surprise - here you are cheering just such a law by displaying your submissive fetish for authority.
A law against playing a harmonica ! Can a law possibly be any more petty than that?
How about a slide whistle - should he be cited for that if he chooses to play one?
I knew when I posted this you would be one of the first statist pricks to respond.
Deckard posted on 2017-11-25 10:05:11 Reply Private Reply
#10: GrandIsland To: A K A Stone (#5)
How self important of you... to choose what should and shouldn't bother the other sheep. Liberals think the same way about other people's money. You turning a little liberal... because socialist and racist Willie Green doesn't agree with the law... and you two are running elbows on this subject quite the same.
You're starting to worry me Stone. I think you've been acclimated to the liberal filth that post here, too much. It's probably like being forced to watch CNN 24/7... running this forum.
GrandIsland posted on 2017-11-25 10:07:54 Reply Private Reply
#11: GrandIsland To: Deckard (#9)
The definition of criminal cock sucker... a guy that refuses to be cowed by a bullshit law
GrandIsland posted on 2017-11-25 10:09:22 Reply Private Reply
#12: buckeroo To: GrandIsland, A K A Stone (#10)
ROTFL
buckeroo posted on 2017-11-25 10:11:30 Reply Private Reply
#13: Gatlin To: Deckard (#9)
Gatlin posted on 2017-11-25 11:48:30 Reply Private Reply
#14: Gatlin To: Deckard (#9)
Gatlin posted on 2017-11-25 11:54:26 Reply Private Reply
#15: buckeroo To: Gatlin, Deckard (#14)
buckeroo posted on 2017-11-25 12:10:20 Reply Private Reply
#16: Gatlin To: buckeroo (#15)
I predict you had Rose take your mug shot looking picture off her FB page after my post to you about it.
Gatlin posted on 2017-11-25 12:40:39 Reply Private Reply
#17: Deckard To: Gatlin (#13)
He wasn't "panhandling".
"I entertain people, and if they want to give me money, they can, and if they don't that's fine," he said. "I guess you didn't like it."
It's hilarious watching the statists on this thread doing what they do best - cheerleading for their god, the State.
The law isn't often enforced, Kreiger-Benson said, but when it is, it's detrimental and confusing to performers.
The ordinance "not being enforced is sort of the norm, but ... what the city values, the laws on the book kind of go beneath the lip service that everybody pays."
"The fact that it ever existed and still exists -- it's that continuum of deeply unfriendly laws, which are occasionally pulled out as weapons," she said.
New Orleans IS a music town - tourists flock there for the MUSIC, whether it's being played in clubs and bars, or played on the street. You and the other totalitarian government worshipers would have any vestige of culture erased. Because he didn't "ask permission" from some petty bureaucrat.
Do you not see the utter pettiness here?
I have no doubts that you would praise the city for citing someone for whistling or even singing
The fact that this archaic law is arbitrarily enforced is lost on you clowns.
Deckard posted on 2017-11-25 12:46:43 Reply Private Reply
#18: Gatlin To: Deckard (#9)
Probably.
But if he did Mr. Bojangles a cappella [for your uneducated soul, that means without instrumental accompaniment] .that probably would be okay.
Just guessing .what do you think?
Gatlin posted on 2017-11-25 12:55:01 Reply Private Reply
#19: Deckard To: buckeroo (#15)
It's like predicting that the sun will rise in the east.
Deckard posted on 2017-11-25 12:55:13 Reply Private Reply
#20: Deckard To: Gatlin (#18)
That statement succinctly sums up your entire world-view.
What a colossal ass!
Deckard posted on 2017-11-25 12:56:39 Reply Private Reply
#21: Gatlin To: Deckard (#17)
Oh .hmmm.
I see
He just had his tin cup on the sidewalk where he was playing so tourists could throw money into it thinking they were throwing the money in the trash.
Gatlin posted on 2017-11-25 12:58:40 Reply Private Reply
#22: Deckard To: Gatlin (#21)
Ever seen a tip jar? Are all those coffee shops with tip jars on the counter "panhandling"?
The guy did NOT ask for money - you just can't seem to grasp the simple concept that passersby were entertained by his musical performances so they would give the money VOLUNTARILY.
Deckard posted on 2017-11-25 13:04:37 Reply Private Reply
#23: Gatlin To: Deckard (#17)
If the law is determined to be archaic by the citizens, then it should be either changed or abolished.
The should be no selective disregard for a current law .as there should also be no arbitrarily selective enforcement of a current law by LEOs.
If TFTP thinks City Ordinance 14:1 is so bad, then they should be doing their civic duty and making a move to have it changed or abolished instead of trying to embarrass cops for doing their job as dictated by city officials.
Nah, they dont want to do that .they want to get you bleeding heart libertarian assholes crying and stamping your wittle feet then rolling on the floor.
Gatlin posted on 2017-11-25 13:12:28 Reply Private Reply
#24: Gatlin To: Deckard (#22)
Gatlin posted on 2017-11-25 13:17:24 Reply Private Reply
#25: Gatlin To: Deckard (#22)
You dont verbally ASK for money to panhandle idiot.
A tin cup on the sidewalk while you play an instrument is PANHANDLING.
Gatlin posted on 2017-11-25 13:24:44 Reply Private Reply
#26: Deckard To: Gatlin (#25)
But it's not panhandling when the tip jar is in a coffee shop?
Good grief!
Deckard posted on 2017-11-25 13:41:05 Reply Private Reply
#27: misterwhite To: Deckard (#22)
He's that good, huh? People give him money because his musical performances are entertaining, not because he's begging on the street.
Well then, perhaps he should do as the rest of musicians do and perform at a theater.
misterwhite posted on 2017-11-25 13:54:37 Reply Private Reply
#28: misterwhite To: Deckard (#26)
panhandle: beg in the street
So, by definition, no.
misterwhite posted on 2017-11-25 13:57:25 Reply Private Reply
#29: Deckard To: misterwhite (#27)
Contributions are voluntary.
People CHOOSE to give him money for a service rendered.
Not panhandling.
Deckard posted on 2017-11-25 13:59:28 Reply Private Reply
#30: Gatlin To: Deckard (#29)
Gatlin posted on 2017-11-25 14:17:16 Reply Private Reply
#31: Deckard To: Gatlin (#30)
Panhandling is asking for money.
The drummer provided a service - people chose to give him money for entertaining them.
No matter how you and paulsen keep claiming that it's panhandling - it really isn't.
Panhandle
verb (used without object), panhandled, panhandling.
Deckard posted on 2017-11-25 14:23:05 Reply Private Reply
#32: Gatlin To: Deckard (#31)
By definition, he was not panhandling.
However, since you went to the dictionary .I will also go there.
By definition he was soliciting.
solicit
VERB
Ask for or try to obtain (something) from someone.
He didnt ask for, but he was definitely trying to obtain money since he had his tin cup on the sidewalk.
He was definitely soliciting.
So instead of calling him a panhandler .I will in the future refer to him as a solicitor.
Gatlin posted on 2017-11-25 15:06:01 Reply Private Reply
#33: Deckard To: Gatlin (#32)
He was playing music.
The passersby enjoyed what he was doing and were entertained.
They were under NO OBLIGATION to give him any money.
Unless of course you believe that the mere act of performing music is solicitation.
In that case - anyone standing at an intersection or in a park whistling, singing or humming is also "soliciting"
Deckard posted on 2017-11-25 18:01:34 Reply Private Reply
#34: sneakypete To: Deckard (#0)
sneakypete posted on 2017-11-25 18:48:45 Reply Private Reply
#35: Gatlin To: A K A Stone (#5)
Just cut of their fucking heads like the other asshole barbarians do:
Go all the way against the heathen .lets dont be so shy.
Gatlin posted on 2017-11-25 21:26:00 Reply Private Reply
#36: Hondo68 To: Gatlin, Deckard, Willie Green (#35)
Entertainment envy is an ugly thing.
You can only dream of this kind of rockin' action including the kids, at your dilapidated "gated community". Memphis Mike won't be coming to your sleazy venue!
Eat your heart out.
Hondo68 posted on 2017-11-26 00:00:30 Reply Private Reply
#37: Gatlin To: hondo68 (#36)
***SNICKER***
There is nothing dilapidated in Scottsdale.
Scottsdale's wealthiest areas might surprise you.
A 7,000- square-foot home built into side of Black Mountain across from Boulders Resort. (Photo: The Republic)
Nah, tomorrow I will again be eating at one of the most essential restaurants in Scottsdale.
Now, peckerhead, you eat your envious heart out .and quit jealously cyber stalking me to continually post your asinine low-intelligence memes.
Gatlin posted on 2017-11-26 01:30:04 Reply Private Reply
#38: Deckard To: hondo68 (#36)
Pretty sure Gatlin would approve of beheading potheads.
Deckard posted on 2017-11-26 01:43:57 Reply Private Reply
#39: Deckard To: Gatlin (#37)
No one gives a shit where you eat.
Deckard posted on 2017-11-26 01:44:35 Reply Private Reply
#40: Gatlin To: Deckard (#38)
Hmmm
Man, high on pot candy, gets 30 years prison for killing wife
If the guillotine were the selected method of execution instead of a lethal injection and this pothead had been given the death penalty, then I could see it fulfilling its apparatus design for efficiently carrying out his execution by beheading.
Gatlin posted on 2017-11-26 01:59:33 Reply Private Reply
#41: Gatlin To: Deckard (#39)
Au contraire mon ami .I certainly do and it will be most enjoyable.
Gatlin posted on 2017-11-26 02:02:05 Reply Private Reply
#42: Gatlin To: Deckard (#40)
I could probably find a few potheads who caused traffic fatalities that were linked to marijuana in Colorado to drop the blade on also.
On a case by case basis of course.
Gatlin posted on 2017-11-26 02:09:06 Reply Private Reply
#43: Willie Green To: Gatlin (#35)
Willie Green posted on 2017-11-26 10:41:58 Reply Private Reply
#44: Gatlin To: A K A Stone (#5)
Forgive me for returning to this, but while reading on the Internet I came across a message that caused me to remember your post here and come back to it.I am sure being the Christian you are, you know the verse well that I am about to quote .as most all of us do, since it is virtually universally known and often times quoted.
So, if you will please now permit me, I would like to share John 8:7 with you .if for no other reason but to keep the sentiment behind it constantly in my own mind.
Here we go
Thank you.And you have a Blessed Sunday
Gatlin posted on 2017-11-26 12:02:11 Reply Private Reply
#45: goldilucky To: Willie Green (#6)
goldilucky posted on 2017-11-26 21:40:47 Reply Private Reply
#46: goldilucky To: Gatlin (#37)
I prefer something more exclusive than snobby.
https://www.castawayburbank.com/home-v2
goldilucky posted on 2017-11-26 21:47:58 Reply Private Reply
#47: Gatlin To: goldilucky (#46)
I have never eaten there .some friends have.
I could enjoy a prime rib meal there.
Gatlin posted on 2017-11-27 03:04:09 Reply Private Reply
#48: Willie Green To: goldilucky (#45)
Willie Green posted on 2017-11-27 12:29:56 Reply Private Reply