Norfolk walking a fine line in rights of rapper cited for cursing

Posted to: Kerry Dougherty Norfolk Opinion

Kerry Dougherty
Virginian-Pilot columnist
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Kerry's blog

This is rich.

In a desperate attempt to explain what went wrong at the Bayou Boogaloo and Cajun Festival in Norfolk on Saturday night - where rapper Raymond "Boots" Riley let loose with some blue language -

organizers are accusing the performer of not doing his homework before he accepted the gig.

"I would ask Boots why didn't he do his research?" Festevents' Karen Scherberger was quoted in Wednesday's Virginian-Pilot. "All he had to do was go on our Web site and he would have understood that not one of our programs is oriented just toward adults."

Please.

You don't hand a microphone to a rapper who's notorious for edgy Marxist-tinged lyrics and trash talk and then have a coronary when he uses the F-word.

As it stands now, the 37-year-old singer faces a charge of profane swearing in public and has a court date in July.

Norfolk will eventually lose this First Amendment battle. It should surrender now.

Here's what happened: Riley took the Town Point Park stage and used a bad word. Several times. The language caused some in the audience to head for the exits, so Festevents pulled the plug.

Kudos to those who exercised their right not to listen to amplified filth. Let's hope they also exercised their right to complain to festival promoters, whose lax oversight led to Riley being on stage in the first place.

Instead of just issuing a mea culpa and vowing to include "PG performance" clauses in future public park contracts, Festevents demanded that the police cite Riley for his potty mouth.

I caught up by phone with Riley on Wednesday in Winnipeg, capital of the Canadian province of Manitoba, and the singer told me that Norfolk police seemed indifferent to his performance. They charged him with a crime only after Scherberger insisted, he said.

"It took them like 20 minutes to figure out what to charge me under," Riley said. "They kept making phone calls and asking if they could use this ordinance or that one."

When I talked to her Wednesday, Scherberger confirmed that she was the one who'd been adamant that the police take action.

You ended the concert, why not just let it go? I asked. Why insist Riley be charged with a crime?

"I felt it was severe enough and offensive enough," she said, noting that Riley

"deliberately and consciously" used foul language at a

family event.

The rapper said he'd never take his own three kids to a nighttime event where alcohol is served and vowed to fight the misdemeanor charges in court.

This is going to be both embarrassing and expensive.

Look, I'm not here to defend R-rated rap music. I don't like it. But anyone who thinks profanity is restricted to rap doesn't get out much.

If Norfolk is going to punish Riley for using the

F-word, why not punish everyone else? The police could start corralling profanity-prone teens and 20-somethings in movie theaters and malls around town.

There's absolutely nothing wrong with asking vulgar loudmouths to watch their language. But prosecuting profanity treads dangerously close to the First Amendment.

Remember, just because these statutes are on the books doesn't mean they're constitutional.

Fact is, 30 seconds on Google would have told Fest-events all anyone needed to know about Boots Riley, who was appearing with the band Galactic.

Scherberger admitted she was caught off guard and relied too heavily on her national booking agents. It won't happen again, she said.

Good.

Time to drop those criminal charges and move on.

 

Kerry Dougherty, (757) 446-2306, kerry.dougherty@cox.net



Hey, Kerry, they forgot the link to Mike Gruss's column today!

So I will use your space to say that I think Mike had the funniest Boogaloo incident response I have read. I usually enjoy you (Kerry) much more than him, but on this one, he hit it right out of the park! Cheers, MGM

sorry guys

but the first amendment was not created to protect tame speech, but offensive speech. this will never hold up in court, the city of norfolk is wasting your tax dollars on this one.

"The rapper said he'd never

"The rapper said he'd never take his own three kids to a nighttime event where alcohol is served and vowed to fight the misdemeanor charges in court."

That is the most logical statement made about the entire thing. People either need to get a baby-sitter or realize that a rap concert is not the place for their 3 year old if they don't want him/her to hear bad language.

Common sense....

I really don't care who supposedly dropped the ball or should have researched the other, the simple fact is, Boots has two eyes and could easily see that the venue was not an enclosed arena where filthly language will not penetrate the neighborhood. He knew exactly what he was doing and thought is was funny. It is probably a stretch for citing him but this idea that the 1st amendment allows us to scream vulgarities whenever and wherever we choose is a bit ludicrous. I cannot stand thumping potty mouth rap openly forced upon me and my little children. Let's be adults with common sense and keep it to yourself.

Good one Kerry

Kudos! Only if it would fall on 'deaf ears' : )

This is not a fight for the police or courts to take up.

I too would like to live in a world where we didn't hear offensive things, but this isn't how to approach it. This is right up there with our "Droopy Doors" law and other attempts to legislate people to death. The only thing that will prevent any of us from hearing profanity is if we apply social pressure to those who are doing it, not legal pressure. I know not to take my 6 year-old son to a Tides game because the guy behind us will probably shout filthy things at the players or refs, and most people should be aware that if they attend a show given by a rapper the same thing will happen.
Since most people who live near the event said they did not hear offensive things we might want to ask whose delicate sensibilities are being trampled on here, and why is such a huge deal being made over something to the surprise of even those involved?

Right but nothing new

I agree with the column. Still nothing new illuminates. I know the rest of the country must be laughing at our backward issues. it is time to put this behind, way behind, I agree we need new leadership because if this takes hold and gets people cracking with opinion I wonder what the public would speak on if some real investigative journalism went into some more prevailing topical subject matter that would really put a magnifying glass on the more serious issues. There seem so many with Downtown Norfolk in general;untold stories there that Pilot refuses to actually tell

good work kerri!!!!!

Lets hope that those boots dont walk all over Norfolk and festevents..

Ok, so what was the real reason for the charge ???

Would it have anything to do with the new tax payer neighbors who like the idea of living in a downtown setting but don't like the noise that come from the festivals at waterside??

Don't blame the police too much because they were put on the spot by someone who demanded action. Those officers weren't on the street at the local theater or the mall where teens saying #$@%^@ and ^%# they were at the festival providing security. You can blame this issue on Festevents who didn't have it in their contract or at least explain the rule to the person or group, don't say they didn't read about it on their web site and want to charge them using the F bomb.

Excellent

Excellent column, Kerry!

Which way is the wind blowing?

Way to stand up for decency. Let's see you find a photo of a naked man, get offended, and turn it over to the police. Hmmm... but you won't stand behind city officials when they try to raise the bar on public decency?

The low-life got a ticket. You make it sound like he was thrown down on the hood of the police car. Typical liberal garbage.

Profanity in Public

Just because there is so much profanity in society does not mean it is right.
Profanity may be the way it is in society right now. That just means that we must work harder to re-educate people that it is wrong and that civilized people do not use it as everyday language. Profanity should not be accepted as the norm.
Festivents is absolutely right to prohibit profanity in its contracts.
It would be nice if the City could prohibit profanity in the park, but that would be too hard to enforce on an equal basis and might violate free speech guarantees in our great Constitution, but just being legal does not make it right.
Profanity in public is WRONG and in POOR TASTE, even if it is legal. Even stronf supoporters of our exceptional 1st Amendment should know that and therefore should work towards eliminating profanity through voluntary actions. There is absolutely no need for profanity as a part of a public act.
Users of profanity in this manner are exhibiting low class manners. Let us all clean up our acts and let us encourage others to do so also.

Opinion

Kerry, You are right on this one.

Karen was right to pull the plug, However, this charge will not stand in court.

The city should save time and money, and drop the charge.

Kerry!

I am disappointed in you. Usually I agree with much of what you say, but your column looks like a random churning of comments posted on Pilotonline these past three days. There was nothing original nor enlightening there--I expect much more of you and I usually get it.

The only thing I agree with you on is that the onus was on Ms. Scherberger to research the act, not on the act to research Boogaloo Festival and its standards.

Why can't you see there is a difference between someone's "right" to use profanity on the sidewalk (and my right to walk away) and the idea that someone being paid to perform can say anything they want until the plug is pulled? If he had started an altar call to try to bring people to Jesus Christ, right in the middle of Town Point Park, would we see this as First Amendment rights? Sincerely, Mary G. Martin

Well said

Well said and time for Sberger to move on as well. And she can get on the bus with Bfoot and together they can exit the Norfolk scene. Some things are obvious.


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