Here is my video response to “The Department of Homeland Security says live music is illegal”

By on July 26, 2013
Screen Shot 2013-07-26 at 4.03.00 PM

About Michael Martin

5 Comments

  1. Bill Bevington

    July 27, 2013 at 12:21 am

    Hitler did it a bit differently. He had all musicians register for a permit. (as apposed to venues) Here is a quote from an article: “After the race laws of 1933, the Reichsmusikkammer (Reich Music Chamber) required a registry of all German musicians. As a result, hundreds of talented composers had their work deliberately suppressed and careers ended simply because their race or style of music offended the Third Reich. By 1938, examples of degenerate music were on display at the Entarte Musik Exhibit for the public to view. Famous works by Mendelssohn, Mahler, and Schoenberg were used as examples of unacceptable music. A generation of incredibly innovative and promising musicians was virtually excluded from its place in music history.” The article can be found here –> http://fcit.usf.edu/holocaust/arts/musDegen.htm

  2. Nick Walker (@GodLovesUgly22)

    July 28, 2013 at 2:32 am

    So, you admit that DHS won’t let you play music in your PUBLIC restaurant without a permit required for PUBLIC performance of music. It’s not that you just want to do it once. You’re trying to skirt the rules and they won’t let you.

    I don’t see what the issue is here. This is literally the definition of a mountain out of a molehill. As libertarians often do, you’re taking a normal requirement for the rest of us and, since it applies to you and you don’t like it, it must be an example of leadership overreaching. See: Joe Rogan’s friend who was on TEDtalks. God forbid the government zone for and protect your restaurant, then ask you for different requirements when you want to change your business from ONLY a restaurant to a restaurant with music.

    Please. Take it to court. See how well it holds up. Also, generally, if you took the time to read the “definitions” part of your IN law book, a public place (and this holds for a majority of the state) is anywhere the public is allowed to go. It’s usually applied in either public intoxication cases (probably what they’re watching out for with your venue) or in regards to battery (hitting someone) to decrease fights in public places. It does indeed apply to everywhere except private homes; however, this includes your restaurant.

  3. Carrie Marsh

    July 28, 2013 at 6:10 pm

    Nick,
    Obviously you didn’t listen to the whole video. When the Fire Marshal comes into his building, while they are playing karioke (sp?), and cites him for a potential violation (only because he has two microphones on his stage) without any proof that there will be any “live music” being played, he has overstepped his authority. If Homeland Security has begun enforcing a law that was put on the books six years ago (obviously without the people knowing about it) and is asking for information that the Government has no reason to ask for unless it is beginning to collect even more information about US citizens, then yes, there is a serious problem! Did you read the post above you, where Bill B. was discussing German law under Hitler? According to our Constitution, we are free to live our lives without “unnecessary and undo influence of government intrusion”.
    From what this business owner says, he has been allowing live music to be played at his restaurant for a while now. It’s not something he has suddenly decided to do. The Fire Marshal coming in and citing him, not for what he was doing at the time but for what the Fire Marshal perceives is the “potential” to do something in the future, should be of extreme concern to us as citizens of this country. If this is allowed to occur, how long before you’re arrested and thrown into jail for the idea that you might “potentially” commit murder sometime in the future?
    As a business owner (luckily one that has nothing to do with music) the thought of our government wanting the type of information they’re asking for in this case is a concern to all business owners. If allowed to continue, it will grow to include every type of business over time. Do I want the government telling me how I can run my small business? NO! And any other business owner will tell you the same.
    Also, by wanting the information requested concerning live music, red flags should be flying behind everyone’s eyes. There are certain questions I have to ask myself at the news that HS wants to control live music venues. How soon will it be before they begin saying who can and cannot be allowed to play at these venues? Is HS going to start trying to control what music we listen to? And if that comes to pass, what will happen to venue owners who allow a musician to play at their venue only to find out that the government (i.e.- Homeland Security) has suddenly decided this person isn’t allowed to play their music in this country?
    You may consider that to be jumping the gun, but from the incidences that have occurred in this country already since the Office of Homeland Security was created, it is not all that farfetched. Many other questions come to mind, but those three top the list, and seem to me to be of the utmost importance.
    You may consider it making a mountain out of a molehill, but if nothing is done now to curb this overreaching of governmental control, who knows what things will be like in twenty years? Do you want to live in a country that tells you what you can and cannot see and hear? Do you want to live in a country where every aspect of your life is controlled by the government? We already have unnecessary intrusions into our lives with the NSA collecting information on every email and phone call, and all internet browsing we do. How soon before the government decides that they have to control the content of what we see and hear?
    Nick, you may think this is an overblown incident, but you would be wrong. Our Founding Fathers warned us that we needed to be vigilant in our freedoms so that our government wouldn’t legislate them away from us. It is OUR job as citizens to make sure they don’t take away our rights and freedoms in the name of “Security” or “convenience” or whatever name they want to call it!

  4. Jaymes

    July 28, 2013 at 10:40 pm

    Hey Mike,
    Yes, Stand up for your rights. I’ve not heard of that law…it is ridiculous and ought to be stopped and struck down immediately.

    You have my support. Good luck Aug 2nd.

  5. Tom Arico

    July 28, 2013 at 11:32 pm

    This is a blatent violation of the first amendment. It should be thrown out, the entire law should be scrapped and the writers of the law ought to be asked what they were thinking when they wrote such a law.

    I’d like to say this is a no brainier and would be thrown out in a heartbeat, but, these days, Americans have accepted so many unconstitutional infringements on their rights I can’t predict what will happen.

    I appreciate you fighting the good fight.