The fresh faces of anarchy? Photo by Jeff Marini.
Dave Goebel knows when it all went bad.
It was after the pick-up band had charmed the party faithful at the Hyatt and had the clubbers pouring out of the bars and dancing in the streets. The guys - most musicians at the Eastman School of Music - headed over to Abilene's on Liberty Pole Way.
"We got everybody really pumped in the bar. Then we watched the speech and did the national anthem again, and left," Goebel says. "And that's probably when we should've called it quits. But we didn't."
The speech Gobel mentioned is President-Elect Obama's victory speech at Grant Park in Chicago. The guys - friends and Obama supporters - made a spontaneous decision to take their euphoria out on to the streets after the race was called for Obama. They grabbed their instruments, including trombones, cornet, clarinet, guitars, snare drum, and cymbals and hit the pavement, playing a patriotic medley to a procession of about 100 people as they moved along Main and adjoining streets.
"It was one of the few times in recent memory that I've played music and there was just such an immediate good reaction that was just pouring out of people," says Stephen Lecik. "There was just so much good energy - an immediate connection between everybody."
Well, not everybody. The Rochester Police Department was decidedly unmoved. The guys said they tried to keep it down after being warned by police once, but the electricity of the moment was too much for them.
"It was my fault. I just started playing," Goebel says. "It was just overwhelming. We tried our best to be civil. We had 100 people following us; what are you going to do?"
Police arrested 10 members of the group - a few left before things boiled over - and confiscated their instruments.
"It's just surprising that would all happen - that 10 squad cards would have the time to come and check out a bunch of kids with instruments," says Amos Rosenstein.
Police spokesman Sgt. Mark Beaudrault says that police had gotten a complaint about the noise and the crowd.
"We have duty to uphold the law, especially when it pertains to public order and quality-of-life issues," he says. "You get 100 people in the street and everybody's in a celebratory mood; God knows what could have happened."
The friends, ranging in age from 18 to 24, were charged with unlawful assembly and kept in jail overnight. They were arraigned the following morning. All were represented by an attorney from Nixon Peabody - arranged by the University of Rochester. They were let off clean, provided they stay out of trouble for the next six months.
The jail experience - as uncomfortable as it was - is not what's eating at the group; it's the unlawful assembly charge. The law says that a person is guilty of unlawful assembly when gathering four or more people for the purpose of engaging in "tumultuous and violent conduct likely to cause public alarm."
"We would've been OK with a charge of disturbing the peace," Rosenstein says. "But the charge that they gave us was unlawful assembly - which implies violence."
Beaudrault says that the size of the group may have led to the more serious charge.
Unlawful assembly is a misdemeanor. If convicted, a person could serve up to a year in jail.
Scott Forsyth, an attorney with the Genesee Valley Civil Liberties Union, says that it sounds like the group was overcharged.
"Here we are on election eve, celebrating the election of our first black American president. These kids are part of the celebration and suddenly they're spending the night in the pokey," Forsyth says. "Probably for some of these kids, it's the first time they've every voted in a presidential election. It's not the message we want to communicate to our young folks."
Comments for "Election-night arrests: Eastman musicians speak out" (11)
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David J. Champagne said on Nov. 12, 2008 at 4:51pm
Wow! An historical event, and our law enforcement has to turn a group of young individuals, displaying their organs of music and playing them in celebration of such an historic event . A little common sense would or should have been used, with at least a second warning. Than maybe, marching them home, with their musical organs silent. Where have all the peace keepers gone, that we have law enforcement using a fear tactic (tumultuous and violent conduct!?) to criminalize these young men. With so many laws on the books a little discretion; maybe?
urban explorer said on Nov. 13, 2008 at 11:25am
This makes me ashamed of my city. A gross over-reaction by the police and a dubious charge of "unlawful assembly." I wish Eastman would slap a counter-suit on the city and the police department.
But this points to a larger problem with Rochester. It claims to want to be the type of vibrant, active city that will attract and keep young people here. But it seems that every time new infill development is proposed (i.e. the townhouses proposed for Fairmont and Atlantic, or Park and Barrington) or an attractive new business wants to open up (the proposed wine bar at Merriman and University), the neighbors come out and act like old cranks: "Shhhh!!!! No noise after 9PM!!!! We're sleeping!!!" Well, jeez, we're a CITY for crying out loud! Cities have people. Cities are dense. Cities have noise. That's a by-product of an active, vibrant, city. If you want quiet, move to Mendon.
Unfortunately I can't attribute the author (unknown) but I really like this analogy: "If NYC is the city that never sleeps, Rochester is the city that has a glass of warm milk and is in bed by 8." That about sums it up. The experience of these poor Eastman kids is just another manifestation of this.
Susan Zacharias said on Nov. 13, 2008 at 6:47pm
Change? I think not - how very, very sad! As a former resident of Rochester, I am stunned that this is how the city has chosen to embraced one of what will most certainly be the most incredible moments in our nation's history. Violence? I think not? Music - yes! Celebration, yes, indeed! Shame on you, RPD! And shame on the court system for not dismissing any and all charges...
ShawnO said on Nov. 15, 2008 at 11:29pm
Another reason why were leaving Rochester after graduating RIT.
Louis Richards said on Nov. 16, 2008 at 4:11pm
The RPD's Sgt. Mark Beaudrault stated: "We have duty to uphold the law, especially when it pertains to public order and quality-of-life issues", which is easy to say when RPD encounters unarmed musicians. I wish they applied that same philosophy, equally and throughout the city, when protecting us citizens from armed thugs.
LocalObserver said on Dec. 03, 2008 at 5:06pm
WOW, I haven't seen anything this cool since the sixties!
It's really sad that we complain that "kids today" don't care about anything but the latest video game and when they actually get excited about Politics we arrest them!
To bad the RPD doesn't put as much energy into arresting the people disturbing the peace with gunfire every other night.
Kaeri said on Dec. 17, 2008 at 11:21am
Right on guys... I'm glad you got arrested, frankly, not because you had to go through the hassle, but because it shows there's still some passion in people these days and we're not all soaked to the gills with tv apathy. Right on, men - nice work. I'm only sorry I missed the show... :D
mr. excitement said on Jan. 16, 2009 at 4:48pm
What do people expect? It was the artists and musicians who attracted people downtown in the first place. Then the old fogies and yuppies moved in, and immediately started complaining about things like the East End festivals. America is filled with dead, boring souls now, and it's sad these young musicians have to suffer for PLAYING MUSIC! Sadder still is I bet the people who called the cops were Democrats, but I'm pretty sure they were Hillary supporters, who are about as cranky a species as ever this nation produced.
Mike McKain said on Jan. 22, 2009 at 9:27pm
It's so great that we have again elected a president who inspires the youth of our nation. I'm so proud of these students to go out and just celebrate that night. If I had a tuba or a clarinet I'd a damn well joined them. And so should have the RPD. What a shame on our city.
Dirk Albanger said on Feb. 07, 2009 at 12:11pm
Shame on RPD for over-reacting, and for not issuing a public apology afterwards. God forbid that citizens go out and peacefully celebrate a historic moment in their own streets. Who pays for RPD's budget? Taxpayers. Who pays for the streets and sidewalks? Taxpayers. So RDP and City of Rochester, don't bite the hands that feed you! Maybe citizens in the Middle East have the right idea. Instead of celebrating by playing musical instruments, they discharge AK-47s into the air. I'm sure the police wouldn't be nearly so bold in bullying citizens if they knew those citizens were all packing.
Morgan B. said on Feb. 09, 2009 at 8:19pm
Are Right- Wing-Republican cops taking angry retribution on celebratory young democrats in possession of musical instruments? "UNLAWFUL ASSEMBLY" ...really IS it TOO MUCH TO ASK for Rochester police to use a little more intelligence in thinking before making such a RIDICULOUS CHARGE...maybe the police involved -ten squad cars worth- should lose their jobs because of their incompetence,lack of common sense, and MISUSE OF AUTHORITY to harass decent Eastman students who didn't support loser- warhorse obstructionist McCain. Respect and cooperation are needed from this community -BUT it's always a two way street. RPD you have a "PR" Problem and an unprofessional "Competency" problem. Quit shooting yourselves in the foot. You look ridiculous and lack serious credibility!!!!
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