Andrew Kalleen, who plays a guitar in a New York City subway for donations, was arrested at 1:30 a.m. last Friday.
According to InformationLiberation.com, Kalleen referred a NYPD officer to Section 1050.6c of the transit rules that states:
The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations; solicitation for religious or political causes.
The NYPD officer, who made the arrest, claimed that "permitted" artistic performances meant that a "permit" was needed to perform and arrested Kalleen.
The person who shot a video of the arrest (below) noted on YouTube that a crowd gathered and mocked the cop:
One of NYPD's finest arrests a man for playing in the subway after he recites the law word for word that allows him to perform for donations. He continues to sing as he is being handcuffed. A "f--- the police" chant subsequently follows.
However, the NYPD told The Gothamist that Kalleen was charged with loitering and claimed that Kalleen does need a "permit" to play music because he is a "transit recidivist."