Magician Makes Law Disappear

"But Sheehan said: "He's no more a philanthropist than Boeing. This is how he makes money, and that's fine if he's got the permits. But there are rules against selling things on public property."

In 1996 I tried to get licenses and permits from the City and Parks Department. They didn't have licenses and permits for performing and engineering wouldn't give a street use permit for it. So it was outside the system. Sheehan was blowing blue smoke and the paper inhaled.

But they rarely quoted me, or asked my side of the story before publishing the City's propaganda. Now, he is a City attorney who is either ignorant of the law and doesn't know that performers accepting money in a hat is protected 1st amendment rights, as is the performance, ... - or he is blatantly lying. What do you think? Why do you think there are lawyer jokes? I know I'm a big guy, but he can't tell the difference between me and a Boeing 747 and its tens of thousands of employees. I get a dollar donation and they get billions. hmm. Can't tell the difference. And why wouldn't they prosecute me on the FOUR criiminal citations they gave me on public property, and let a judge decide who was right!! Because I was!

And the people that complained I was vending wasn't the public, but the Seattle Center and Folklife officials and the balloon company that had a concession. They were trying to put commercial rights over people's rights. I just found a flyer someone was giving out in 1993, showing that every performer was threatened. The tried to make everyone think it was all an issue about ME! It's people, organizations, officials, and businesses like this that abuse our freedom of expression, that The Bill of Rights is to protect us from. You should stand up with me and say "No!"
If you know who made this flyer call me! - Magic Mike

Magician Makes Law Disappear

Christine Clarridge - Seattle Times Staff Reporter
Friday, October 3, 1997

"Magic Mike" Berger said all he ever wanted was for people to walk away from his street performance with a sense of awe, a smile and maybe even a balloon animal.

And if someone wanted to make a donation, well, that was fine. He said it's his right to perform with his hat out, and apparently, the city of Seattle reluctantly agrees.

In a mediation hearing yesterday, the city agreed to pay Berger $6,500 and to issue a memorandum guaranteeing the right of street performers to perform for donations.

"This decision shows I was right and will help other street performers even if I never perform again," said Berger.

On several occasions in the mid-1990s, city officials stopped Berger from performing at festivals and fairs, claiming the kind of show he performs is subject to laws regulating vending, trespassing and panhandling.

At the time, police claimed Berger was selling his balloon animals during his show and not giving them away.

Berger denied this and filed a claim against the city and the officers involved for $100,000 plus punitive damages, saying that stopping his show was a violation of his constitutional right to free expression.

"You have a First Amendment right to express yourself in public and you have a First Amendment right to ask the public for money. I believe a person should be able to do performance art and solicit money," said Berger.

In response to Berger's claim, the city and the officers

countersued, claiming that Berger's lawsuit was frivolous and constituted an abuse of the legal system.

"Everybody is eager to claim a constitutional right to do their own particular thing," said Assistant City Attorney Sean Sheehan.

Yesterday's mediation hearing was held at the behest of U.S. District Judge William Dwyer, who denied the city's request for a dismissal of the case.

"The judge feels the city and the magician should be able to find a way to live together," said Berger's lawyer, Peter Cogan, "and we just want to clear this up because we feel street performers add a lot to the city's colorful atmosphere. The main issue is whether you have the right to perform in public."

Berger said he was a well-known and respected street performer in Seattle for more than 15 years.

"I've been performing for people out of the niceness of my heart since I was 6 years old and taught myself how to do close-up magic. When I saw the sense of awe I could give people, I made a vow that this is what I would do," said Berger.

"If someone wanted to make a voluntary donation, that was fine, but I made it clear to people that they didn't have to pay to enjoy my magic," Berger said.

But Sheehan said: "He's no more a philanthropist than Boeing. This is how he makes money, and that's fine if he's got the permits. But there are rules against selling things on public property."

Sheehan said the city was acting on reports that only people who donated money got a balloon animal.

According to police Officer Michael Hargraves, who, along with Lt. Robin Clark, was named as a co-defendant in the suit, police would not have responded unless there had been several complaints.

"There were people who observed him that said getting a balloon depended on whether or not you put money in the hat. When he was aware he was being watched, his act changed," said Hargraves.

Berger claims the city's crackdown resulted from complaints by the Red Balloon company, which was issued a permit to sell balloons at the city's festivals. The Red Balloon Company could not be reached for comment.

Currently, Berger said he runs subscription sales for newspapers, trains salespeople and produces motivational videos featuring his magic act.

He said he will never perform on the street again.

"When I see the festivals now, they leave a bad taste in my mouth," he said.