By Abraham | 10/20/14| twentytwowords.com

In a bizarre incident on the platform of a New York Subway, street musician Andrew Kalleen was arrested even after the officer telling him to leave looked at the law explicitly saying Kalleen could be there. In fact, not only did the officer look at the law in writing, he actually read it aloud as if it aligned with his interpretation of the situation.

Granted, as a law, it is quite thorough with a lot of clauses and therefore potential confusion, but if you just take a moment to read the same text as the cop, you’ll see that busking is perfectly legal.

Here are the MTA’s Rules Section 1050.6(c)…

Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations…

Let’s look again at just the most relevant portion:

The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: …artistic performances, including the acceptance of donations.

Despite the law clearly being on Kalleen’s side here, this happened…

Unfortunately for Kalleen and buskers citywide who could have benefited from changes in procedure that might have come from this, Kalleen is what officials are calling a “transit recidivist.” This means he has an open ticket and as such the arrest is “justified.”

Even if nothing official comes of this mistake, is it too much to ask that officers learn the laws they’re enforcing, or — at the very least — learn to read them?