Underground Policeman

So last night, after being let off early from a very slow night at work, dave and I decided to play in the subways for a couple of hours. So we headed to the Bedford stop subway in Williamsburg, where the money is a flowing, and played some songs for the people. It went over very well, and we even accumulated a good sized crowd all standing about 10 feet back from us as they waited for their train. A wave of clapping ended each song, and people even sang along once in a while. One little kid was dancing around his mother in excited circles to "Greensburg." I was relieved to know we could make people smile. Even when using words like "fuck" or singing about how life doesn't always pan out the way you might like. It helps that we look like we are actually enjoying ourselves in the process.

Well, after about an hour or so of playing for different waves of transit riders, a police officer came up behind us, and in between articulated bubblegum pops, said to us in a subdued voice, "Ok, wrap it up," and then swiftly closed our guitar case-modeled-as-tip jar with his foot. Before he could get away, we asked him what we are doing wrong, and how exactly were we breaking the law? He obviously had not had a lot of experience with subway musicians and started trying to quote some transit codes about soliciting and misusing the transit system and such. Then Dave, who has had numerous experiences quoting subway musician laws to cops in the past, politely, but firmly explained that actually officer, it is perfectly legal to play and receive "donations" as long as you are 25 feet from a token booth and not obstructing traffic as stated in a transit code. The officer seemed shocked at first, but kept his cool, popped his gum and walked away. We left anyway. But on our way out he seemed slightly apologetic and told us we may be right, but he was still skeptical about us accepting donations told us we were still misusing transit property. We replied that wasn't true and we were within our first and 14th amendment rights of free speech.
No one was upset, and we left politely. Maybe he'll be nicer to the next musician he comes across.