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June 29, 2007


....on these damn classical-flute-players.

(Thanks to Jon Harris)


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Oh that kind of flute player. Sorry.

And first again?

Try for second.

Can he do the hat trick?

Yay me!

Ok how come I never got the memo that we were all going home early on Friday afternoon?

So, the First Amendment doesn't apply to instrumental numbers?

now could they just go round up all those damn mimes?

Maybe the police were exercising their role of protecting the general public because his playing was too bad.


But how do you tell a mime that he/she has the right to remain silent?


Mikey, with a Glock and a silencer.

Mikey, with a Glock and a silencer.

Mikey, you just tie up their hands ;-)

that'll shut 'em up!

And yet, the dammed mimes were left unharmed, unfortunately.

Hey, they booed Santa, right? So why the surprise?

Kill the mimes!


I heard you the first time.:)

Ah ah, Dave is that a swear word. You wouldn't want to lose that PG rating, would you.

well...the flute players can be in your face annoying and it can go on and on, whereas drug dealers mostly just stand on the corner and mind their own business, bank robbers get it over with quickly and burglars work quietly at night.

Clearly flute players are the problem

sorry Mikey, didn't mean to imply that you were deaf. been bot bit yet again.

You can have my flute when you pry it out of my cold dead hand.

Is there a statute of limitations on this ordinance? Because I distinctly remember Bruce "The Boss" Springsteen walking along the streets of Philadelphia while singing "The Streets of Philadelphia" in the video....

If they ask nicely, I'm sure he would be glad to turn himself in....

When they take flutes away from people, only criminals will have flutes!

Mark my words! Next they will go after string instruments (Watch out Dave!) Then the brasses...

"And this one time, at Rittenhouse, I stuck a-

The balance of this post has been censored, in order to preserve this blog's PG rating. Thank you for your cooperation. Do not try it again.

Flautist = its fault. 'Nuf said.

Mikey--And finally the Bag Pipes.

Not the bagpipes!! And please don't take my accordion!

On the one hand, this does seem to be a pretty cut-and-dried First Amendment case. On the other hand, I've suffered through some pretty awful buskers' performances. On the other other hand, this sounds like a case of "not in my back yard" - or on the sidewalk outside of my house, as it were.

can I still play with the organ?

um...can I still play with the organ??

I'm not sure that an accordion is an instrument in that it is more of a joke.

stoopid bot!!

Apparently I play in stereo.

That or with someone with an unusual anatomical gift, Siouxie.

*tosses CH an extra hand*

As long as nobody messes with Jazz flute..

/Stay Classy

Uh... Siouxie, are you sure that the fellow was done with this hand?

Make sure that's a CLEAN hand, Sioux! Just so it matches.


CH, you didn't honestly think I'd take it from a live person, did ya???

so yeah...I'm sure he was done with it ;-P


"Congress shall make no law abridging...," so the First Amendment has zero to do with what States or municipalities may do or not do. Applies just as nicely to any aspect of the Constitution; it limits the Fed, not us....

Everybody Polka!

Hey! That's MY line!

As I understand it, CJ, the XIVth amendment has been understood to have extended the Constitution's limits on gov't action to all levels of gov't. No?

Slowly backs away.

"Except for you,of course, Diva"




Since it's Friday...

As I walked out on the streets of old Philly
As I walked out in old Philly one day
I spied a poor flautist handcuffed by policemen
Handcuffed by policemen; his flute he dared play

“I see by your laptop that you are a blogger”
These words he did say as I slowly stepped by
“Come sit down beside me and hear my sad story
They took my flute cuz I hit notes Verdi high

“Just once on the sidewalk Beethoven I’m playing
Once on the sidewalk Beethoven I play
That brought cops runnin’, and then I’m arrested
They baroque my flute; now they’ll cart me away

“Let six free speech lawyers come Handel my lawsuit
Let six reporters come Liszten to my tale
Throw me in the hoosegow for public flute-tootin’
The ACLU will send funds to make bail

“Don’t beat the drum slowly, don’t play the fife lowly
Don’t play Sousa marches; they’ll halt your sweet song
Take my flute away from me--I’ll sue your fair city
My tunes I’m not Haydn because I’ve done no wrong”

They hauled him off quickly
His smile looked quite sickly
We bitterly wept as the jail door did lock
For we all loved that flautist, in his shirt of Scarlatti
We all loved that flautist; we hope he’ll be Bach.

Bravo, Ducky!!!!

And the blog bar is officially open for a Killer Weekend.

*smiles sweetly*
*hides fangs*

I thought as much, Mikey.

*snork* @ Philly Mime!

CH, not to go all Constructionist, but it's Activist to take the clear statement '...No State shall enact or enforce...,' then apply that to local issues. Of course, Activists do it anyway, but the clear text states that States can't enact laws that deprive U.S. citizens of their Federal rights and privileges. Pretending it says something else (which people do) doesn't make that so and rates a paddlin'. Put it this way; do you think the States would have ratified the 14th, as clearly written, if they thought it meddled in affairs that were wholly local? R.B. Ginsburg would say that the 14th does stick it's nose in local affairs and she is always (when awake) a bellwether of ridiculous....

(end rant)

CJ - I checked with God. She says you're wrong.

*checks with personal militia*

Ok, we're ready.

Thanks, Med! Whatcha serving this evening?

Oh, and it DIDN'T RAIN today! I'm celebrating! A round for everyone, on me!

otis, I won't let just anyone play with my flute.

In honor of Dave and Ridley, Mystery Margs and DB Lager, of course. :0

JAZZZZIE!!!! How's it going?

Med, a Mysterita, please. With salt.

so ummm, today i watched a utube video of some arkansas cops roughing up some boys. it's against a city ordinance to ride skateboards in their town. i talked to a lady today freaked out about her dryer being broke who says the homeowner's association where she lives expressly forbids hanging your laundry out to dry. has everyone lost all sense of perspective?!

Here ya go, Ducky.

Jazzzie is playing hard ball. He says he won't let us play with his flute. *pouts*

*SNORK* @ Philly Mime!!!!

The problem with that, CJ, is that the Federal Constitution doesn't grant Federal rights and privileges, but rather lays out restrictions on what gov'ts can do. (This is why the typically ignored Xth Amendment is so very, very crucial.)

I don't really have an issue with an "activist" judiciary paring back how the gov't may meddle in my life. If that's judicial activism, well, sign me up.

I NEVER SAID THAT!!!! Reserved for girls and ladies of the female gender. "lady" is negotiable :-)

How's about, Lady in public, activist freak in the sheets?

Talk Constitutionally dirty to us, Med! :-D

No, uhhhh, Uh-uh. The US Constitution is Federal. The 14th says States can't enact laws which restrict Federal rights and privileges. States have their own Constitutions and they should be limited to State-wide issues, not local ones. Municipalities can enact ordinances locally and they are the most directly reachable by you as a voter. If you live in the house across from that park, you shouldn't have to put up with some jerk wailing away on a flute or singing, constantly. That is not Federally protected Free Speech. Public order requires the resident to seek relief through the municipality, rather than shooting the flautist. The government isn't meddling in your life when it responds to your legitimate complaints about the constant disturbance to you, in your own home. Basic principle of the right to life, liberty, and the pursuit of happiness that ends the moment you step over the line and attempt to deprive somebody of their life, liberty, and pursuit of happiness. I'm with the homeowners on this one; folks have the right to speech, but cannot oblige others to listen to their cr@p. The homeowners should be allowed the peace of working in their gardens or sitting on the porch without listening to the offending singer or flute player. Now, if I were dictator for life, they would just be allowed to shoot them, but then there would be that whole deprivation of life inconvenience, so, maybe it's just time for a frosty cold one (which I will not force anybody else to drink)....

CJ - we are trying to enjoy our libations and libidos. Please can the freedom talk or I'll sic (sic) Nancy Pelosi on you.

leaves trail of beer for cj

cg, there was a homeowners case in Charlotte in which the guy payed the contractor the neighborhood hired, but mowed his lawn before the guy could, cause he enjoyed it. Trimmed his bushes, planted flowers, etc. His yard looked better than theirs. The neighborhood sued him for breach of contract. They didn't want a resident to be seen working because it was beneath them.

So, to answer your question, perspective is long gone. That's why we have beer.

*clinks glass with CJ and ExMatt*

And that's why we have this blog.

(Apologies to Annie)

So, CJ, what does it say about shooting the idiots that pull up next to me in their cars and blast their base so hard it fractures my ribs? That counts as physical assault right? Shooting's justified, right?

xmatt, i understand how things like this start, really i do and it all seems sane and reasonable, at first, like with the flutist, and maybe the skateboarders, except where they got choked and thrown around, but where it ends is what frightens me. got anymore of that beer, i laid mine out to distract cj.

CJ, I'll grant you that I probably misspoke in calling this a good Ist amendment case. It's a case of audio tresspass, and I agree with your basic position here.

However, would you really take the position that a state legislature could, say, establish an official religion, or compel self-incriminating testimony (assuming that their state constitution didn't bar it)?

Bring on Pelosi, Annie - I'd LOVE to have a crack at her. :-D

beer, clean?

Maybe we should move this discussion over to the Dreaded Trinity, so that Ms. Pelosi doesn't get all rabid on us and stuff. :-D

Gawd, I wish, cg. Still at work, though, and a hellish commute to face before I can get down to beer.

CH - you can't drink at work? No wonder you're so uptight. Beer solves everything.

agrees with annie. why do you think i enjoy my job so much?

Good point. I think maybe I should get a job at a brewery.

(I actually tried for such a job once... but the pay was crap compared to what I can make in technology.)

Wait a minute.... me, uptight? Earnest, maybe. But never uptight.

"Earnest" is Republi-speak for "uptight."

Thanks for the beer, cg. CH, they can and did, is my recollection of history, but my recollection is over in the Dreaded Trinity....

Okay, Annie. Them's fightin' words. I am a libertarian, not that other thing. Believe it or not, you and I would probably agree on more stuff than CJ and I do. :-D

I'll accept a malt-based apology at your convenience.

no more coat hangars fighting! drink your beers or we'll have to send you all to seperate threads.

*sidearm slider at CH*
Guinness is good for what ales ya.

Ahhhh! *smacks lips* Excellent. I'm off for the hellish commute, so that I can enjoy a real beer at home.

See y'all in the funny papers.

CH, I was in charge of the Y2K project for the company I was with. One of my duties was to handle the good faith letters flying around. I had one come in from the System Manager of the Windward and Leeward Brewing Company in the West Indes. They brew Heiniken (sp?). There's my dream job - technology, brewing beer, in paradise.

*grabs bottle of Tanquery, adds tsp of tonic, pours over ice and starts drinking* today was from h3ll.

(Drying out from last night's Jimmy Buffett concert)

Did someone say shoot a mime beer?

*waves at Hammie* LTNS!
*slides cold brew down the bar*

Oh Lordie, Lordie. Here I am, a parliamentarian, social science major, political junkie and argumentarian extraordinaire and I've missed out on an entire afternoon debate on the Constitution. I have got to figure out a way to live without working.

Hammie, a mime is a wonderful thing to waste.

pete, the answer is beer.

Annie, I have two words for Her: Tiki music...__)

*that's my symbol for a snorkel blowing bubbles*

I am a Republican (county chairman) but I consider myself much more of a conservative than a Republican. Historically they have been closer to my philosophy than anyone else. Lately I have been intensely disappointed in many of our (R)representatives failure to fight for conservative values.

I can't afford to buy beer if I'm not working, CG.

i've always relied on the kindness of strangers. course they're all male. that may not work for you.

I see that Diva and ex-Matt were here at the same time.

*starts to wipe steam off the blog windows*

Waves @ JD! Are you staying dry?

Hammie, I'm celebrating because it actually DIDN'T rain today. But Lake Travis is expected to rise to 705 ft at least (681 is FULL), even with 4 floodgates open, and there was more rain in the hill country today. More is forecast through the 4th. I have begun construction on Ducky's Ark.

JD, try to send some Atlanta's way. We're heading for a dustbowl. Lot's of towns around here have cancelled their fireworks because of the fire danger.

Isn't it funny how the Republicans all show up on the blog on Friday night?

The Dems all have dates. ;p

(for the record, I'm not either - just trying to heat up the weekend and keep CJ's mind off his incomplete tv project.)

Annie, we Republicans can't show up during the day. We have jobs.

*snork* @ fivver. Plus, you type slowly. And yo mama dresses you funny.

How can you not like a party with "pub" in the middle? ;-)

Sorry, fivver and pete. I'd be thrilled to slosh some of this rain your way! We tend to either have the feast or the famine around here.

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