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Profane Concert Spews A Tempest
St. Petersburg Times ^ | 11/11/03 | Carrie Johnson

Posted on 11/11/2003 11:00:32 AM PST by marshmallow

St. Petersburg leaders review their concert policies after noise and profanity at a show anger residents.

ST. PETERSBURG - The first thing Brion Kerlin heard was the thump of the bass, so loud it shook the sides of his 34-foot trawler.

Then came the lyrics.

Kerlin is no prude, and he admits using the occasional curse word. But the string of obscenities flowing from the Nov. 2 concert at Vinoy Park offended him.

"This concert was way out of bounds by anyone's standards," said Kerlin, 57, who lives on his boat at the city's marina, about a half-mile from the park. "There's no question that everyone could hear this."

Performing that day was the Urban Car Show tour, featuring rapper 50 Cent. The event was cosponsored by the city of St. Petersburg and drew more than 5,300 people to the park.

Like many others that day, Kerlin called the police to complain about the noise and the vulgarity. He was told officers would check into the situation, but neither the music nor the profanities stopped.

City Council members said they were besieged with calls and e-mails complaining about the noise and profanity from the event. Now they're exploring ways to prevent a similar situation.

"I don't want to create a citywide censor," council member Bill Foster said at a council meeting Thursday. "But we do need a mechanism where we can cut the power when this type of activity goes on."

Local promoter John Claude Bodziak, 31, organized the St. Petersburg stop on the Urban Car Tour. While many hip-hop artists are known for using off-color language, Bodziak said he wasn't prepared for what he heard.

Dismayed by the profanity and concerned it could affect his relationship with the city, Bodziak told the tour manager at one point he was going to cut the electricity.

"He told me, "You do that and you're going to have a riot on your hands,' " Bodziak said.

The tour's managers were traveling, Bodziak said, and could not be reached for comment.

Bill Proffitt, a spokesman for the St. Petersburg Police Department, said officers could do nothing about the vulgarities.

"We see that as a free speech matter," he said.

The city has a noise ordinance, but it can be difficult to enforce. Because the concert was held in the afternoon, police weren't expecting many complaints and didn't have a noise meter to measure decibel levels, Proffitt said.

The department has now decided to equip the supervisor on duty at such events with a meter, Proffitt said. Violating the noise ordinance could result in a 60-day jail sentence and a $500 fine.

Council member Virginia Littrell, whose district includes Vinoy Park, also wants to give police the ability to halt performances that feature profanity. She has asked the city's legal department to explore different options.

"It wasn't just the music itself," Littrell said. "It was also the language in between the songs."

Florida has a vague obscenity law that would be difficult to apply to the words spoken or sung at a concert, City Attorney John Wolfe said.

A park is typically considered a public forum, where it would be difficult to restrict freedom of speech. But because the city usually cosponsors these events and fences them off from the rest of the park, Wolfe said an exception could be made.

"We're creating something other than a traditional public forum," he said.

Wolfe plans to draft an ordinance to present to council members within the next few weeks.

Meanwhile, he's also working on a set of standards that could be used when the City Council decides which events it will cosponsor. Wolfe said the goal would be to attract acts appropriate for a "family and tourist" destination.

Local promoter Dave Hundley said the fault really lies with those who allowed the act to perform.

"It's 50 Cent," he said. "What were people expecting? This is what the artists do and this is what the people who pay to see them expect."

Hundley said cursing is common in many concerts, from rock to hip-hop to punk. And while he's no fan of profanity, and has chastisedbands who swear during all-ages shows, the language can be part of an artist's message.

"Even though I may not like what they're doing, it is art. Sometimes it is supposed to shock or to raise eyebrows," he said. Council member Rene Flowers said she was familiar with the acts in the Urban Car Show tour and was afraid there would be problems. She urged her colleagues to be more vigilant when screening acts that will be held in a city park.

Said Flowers: "Some things just aren't appropriate to have outside like that."


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Bill Proffitt, a spokesman for the St. Petersburg Police Department, said officers could do nothing about the vulgarities.

"We see that as a free speech matter," he said.

Great news, officer.

So if I approach you and call you "a fat mother-f*!!#%", it will be considered a "free-speech issue" and nothing will happen to me. Cool.

1 posted on 11/11/2003 11:00:33 AM PST by marshmallow
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To: marshmallow
Isn't 50 Cent supposed to be the biggest rap star going? And all he could draw was 5,300 people.
2 posted on 11/11/2003 11:05:48 AM PST by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: Phantom Lord
Profanity? At a rap concert? I can't see that happening.
3 posted on 11/11/2003 11:10:57 AM PST by AppyPappy (Pittsburgh beat Virginia Tech 31-28. Panthers rule!!".)
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To: marshmallow
So if I approach you and call you "a fat mother-f*!!#%", it will be considered a "free-speech issue" and nothing will happen to me. Cool.

Actually you probably could. Some state courts have ruled in favor of this (although the cop might deck you if nobody was looking). However, if you tried this on a member of the American aristocracy (state and federal judges) you would likely find yourself behind bars.

4 posted on 11/11/2003 11:14:16 AM PST by Hacksaw
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To: Phantom Lord
All I know is that he isn't worth a nickel to me.
5 posted on 11/11/2003 11:15:29 AM PST by Callahan
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To: marshmallow
Actually probably nothing would, as long as you used the exclamation points and percent symbols instead of the actual word. He might be more confused than anything. ;)
6 posted on 11/11/2003 11:16:14 AM PST by TheBigB (We are a NEWSPAPER! We are supposed to print THE NEWS! -- Carl Kolchak)
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To: Hacksaw
What if the person really is an obese man who routinely has sex with his mother? I want to know in case I ever run into to Jerry Nadler.
7 posted on 11/11/2003 11:18:12 AM PST by Callahan
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To: AppyPappy; Phantom Lord
Rappers Sing Vulgar Lyrics at Half-Time of Atlanta Falcons Football Game

To be fair, some falcon's fans have been quite vulgar in describing their teams play this season, including me.

8 posted on 11/11/2003 11:20:43 AM PST by Vigilantcitizen
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To: marshmallow
Groovy. Just Groovy.
9 posted on 11/11/2003 11:21:05 AM PST by Hatteras (Some mornings, it's just not worth chewing through the leather straps...)
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To: marshmallow
"It's 50 Cent," he said. "What were people expecting? This is what the artists do .....

Putting this thug in the company of Rembrandt and Mozart is a bit much.

10 posted on 11/11/2003 11:21:55 AM PST by Skooz (All Hail the Mighty Kansas City Chiefs: 9-0 baby)
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To: Callahan
Speaking of Fat Jerrys. . .has anybody gotten a load of Jerry Lewis lately?? What, in the name of God, has happened to him? He is hugh mon gous.
11 posted on 11/11/2003 11:23:42 AM PST by McBuff
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To: marshmallow
Dismayed by the profanity and concerned it could affect his relationship with the city, Bodziak told the tour manager at one point he was going to cut the electricity. "He told me, "You do that and you're going to have a riot on your hands,' " Bodziak said.

So now good people are going to live in fear of riots, foresaking decency?

Looks like rap's "thug life" image is well deserved.

12 posted on 11/11/2003 11:24:09 AM PST by ItsOurTimeNow ("Forth now, and fear no darkness!")
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To: McBuff
Speaking of Fat Jerrys. . .has anybody gotten a load of Jerry Lewis lately?? What, in the name of God, has happened to him? He is hugh mon gous.

I don't have the details but I understand it's a side effect from medications that he's taking for a chronic condition.

13 posted on 11/11/2003 11:35:13 AM PST by Bob
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To: McBuff
It's because of medication he is taking to control pulmonary fibrosis.
14 posted on 11/11/2003 11:36:46 AM PST by PogySailor
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To: McBuff
Metabolism change from some of the medications he is taking (I think for diabetes in addition to back pain). He's now been talking a lot about the treatment he got for his backpain (an improved technology of inserting a device into his nervous system so he can send controlled shocks to block out the pain signals along his spinal column).

Jerry wasn't getting relief from his pain medications and was on the brink of suicide as a way of stopping the pain. He swears by the treatment now and tries to share the news with anyone suffering from such problems. I don't know if this technology worked this well several years ago when Rush Limbaugh decided against further surgery as a means of ending his back pain. Maybe he should consider this technology now.

15 posted on 11/11/2003 11:37:07 AM PST by weegee
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To: Vigilantcitizen
i understand, but i'd guess your decibel level is much lower.
16 posted on 11/11/2003 11:47:41 AM PST by kallisti
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To: McBuff
Speaking of Fat Jerrys. . .has anybody gotten a load of Jerry Lewis lately?? What, in the name of God, has happened to him?

Deathly ill. The medication caused the apperance.

17 posted on 11/11/2003 11:51:41 AM PST by Protagoras (Hating Democrats doesn't make you a conservative.)
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To: marshmallow
Because the concert was held in the afternoon, police weren't expecting many complaints and didn't have a noise meter to measure decibel levels, Proffitt said.

Doesn't this sound like a load of hooey? Vulgarity as free speech? More hooey. A riot? Why couldn't the sound at least be turned down? People would have then been able to leave and find relief if they were offended.

Isn't St. Pete something of a retirement town? This city council was downright dumb in their decision to book this act.

18 posted on 11/11/2003 12:02:50 PM PST by Ruth A.
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To: marshmallow
How about a little sampling of 50 Cent's art?

From the song "P.I.M.P.":

The last nigga she was with put stitches in her head
Get your hoe out of pocket, I'll put a charge on a bitch
Cause I need 4 TVs and AMGs for the six
Hoe make a pimp rich, I ain't paying bitch
Catch a date, suck a dick, shiiit, TRICK

19 posted on 11/11/2003 12:03:35 PM PST by the_devils_advocate_666
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To: the_devils_advocate_666
Wow, that really is artistry..
20 posted on 11/11/2003 12:15:54 PM PST by bird4four4
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