Andrew David (not to be confused with the writer of this article) enjoys many aspects of being a street performer, including entertaining the masses. David has always been involved in entertaining, even traveling from the suburbs when he was younger to perform in public, including at karaoke bars. He was also a vocal-performance major for the two years he was at Columbia College Chicago.
However, there have been drawbacks to being a public performer as well, including a recent robbery and physical attack.
Now, he’s dealing with the latest of a string of arrests—but the unique aspect, according to David, is that he has only ever been handcuffed at the Wrigley Building. The latest run-in happened July 17 (with him being released a couple hours later), and that resulted in his equipment being taken. A motion to regain his equipment was heard on July 31—rescheduled from July 29 because of an incorrect courthouse address—but was denied.
David posted on Facebook that “the judge called city supervising attorney Jeff Allen and together they determined that unless I agreed to pay $100 or do 10 hours of court ordered community service (pleading liable to the noise violation), he wouldn’t release my property.” He refused to plead guilty. A court appearance regarding his alleged noise violation is slated to take place Sept. 3.
The arrests “started in 2017, I think,” David said. “Someone in the working area came out and waved their hands at me, saying, ‘What are you doing? You’re too loud. Do you have a license?’ I’m learning the ropes as I go at that point.” However, he added that volume control is among the rules of street performing in Chicago.
“Time and time again, the courts of public opinion and administrative law have upheld the rights afforded to street performers as it pertains to the regulations,” David said, adding that the legal courts have dismissed charges against him due to “a lack of evidence.”
David’s legal interactions have mostly involved the Department of Administrative Hearings—a forum that handles municipal code violations rather than a traditional criminal or civil court. However, he said there was one time when officers showed up at a hearing and—because of what David said was the possible “weight of the badge”—he was found guilty of seven citations and was ordered to pay $1,000 in fines. However, David said that after he appealed the ruling, the Circuit Court of Cook County vacated the lower body’s ruling.
David also said that he plans to follow up with the Civilian Office of Police Accountability (COPA) and the Bureau of Internal Affairs to reopen and track the closed false-arrest portion of his complaint and to confirm why his property is being held. However, he received a setback on July 30 when the American Civil Liberties Union (ACLU) declined to represent him, citing inadequate resources.
Fortunately for David, at least a couple things have fallen into place. He was able to get a new street-performance license for free. Also, his GoFundMe page allowed David to recoup the money he spent to purchase new equipment.
Regarding the legal entanglements, David feels that the Wrigley incidents are rooted in bias: “It’s hard not to think that when I’m dealing with the same officers and I’m on a first-name basis with two out of three of responding officers.”
With the constant arrests at only one location, one question persists: Why continue to perform at the Wrigley Building? For David, it’s about a fight that has given him an additional title: activist. “I guess expecting a different result can be considered overly optimistic. But, for me, it’s that important to me. … While I have tried to avoid the Wrigley Building for my own safety and protection, I’m not willing to completely give that up. And I don’t believe I should have to; actually, I know I shouldn’t have to.”
Through it all, David remains optimistic, stating, “I’m a pretty resilient individual. [There have been] trying moments, but I keep pushing on.” However, he added, “I’m just really at a point where I am on a mission to figure out how this will never be allowed to happen again.”
Note: Communication sent to the Wrigley Building was not answered.