students arrested for celebrating America

Here’s a letter from the daughter of a friend about her experience last night after the presidential election results were made clear. The daughter is a student at The Eastman School of Music.

“As I watched Barack Obama’s electoral vote count rise beyond 270 at 11:00 pm, tears came to my eyes. Not even an hour later, Obama was speaking to this country as our future President. Some friends were coloring the already dominated blue map or our 50 states and I decided to head home, looking forward to a good night’s sleep, contently anticipating my dreams about what my role would be in order to answer Obama’s call for change. As I was heading to my car, my friend said, “Hey, listen to the music.” As we walked towards the Eastman dorms down Gibbs street, I heard the anthem of our country pouring out of 60 some students and a small band. We cheered and sang, clapping and dancing. I joined hands and cried. I felt the pulse of our patriotic songs like never before. As the band began marching up and down the streets, we all willingly followed. I watched from behind. For the first time, I saw my classmates passionate about something other than music.

“As we headed down Main Street two cop cars pulled up. Students looked around wanting to bolt, searching for protection. A cop told us to be quiet, a “paddy wagon” was on its way, and he had no problem putting all of us in jail. “But we’re celebrating!” one of the players glowed. “If I hear another instrument or shouting of any kind, you’ll all be taken in.” “We’ll just walk then,” I retorted as I stepped past the officer, waiving, urging all to keep moving forward. As the sixty of us tried to remain hush-hush, I heard, “We shall overcome…we have overcome today.” And as we all joined together in song, I couldn’t help but think of my parents. Although they walked out of necessity for the freedoms of all Americans, I walked this night in joy, celebrating those freedoms.

“But we are Eastman music students and regardless of our emotional state we want to make music. So, the guys suggested returning to the Hyatt where the DNC of Rochester was hosting their party. We all marched in, clapping and dancing to the music, entertaining the remaining guests. As we paraded onto the streets, I sensed that not a one of us was considering the threats of the authorities, how could we on such a night! But like a flash, three police cars pulled up, and immediately we saw cops demanding the guys with instruments to sit down on the ground. “And if the rest of you don’t get going, you’ll be arrested too.” As our group quickly dispersed, I walked over to the guys sitting on the pavement…torn. Should I sit or not?? Instead, I walked over and intently gave each of them a hug of gratitude and empathy. With a handful of others, I decided to stand and watch at the corner for an hour and a half as seven police cars arrived. Ten or so officers frisked, cuffed and loaded my friends into a van. As they tossed the instruments into a car, one officer began jingling the tambourine. “Hey! You’re disturbing the peace!” As the police shot glares, we just stood and waited.

“Unlawful assembly was the charge. Apparently a gathering of four or more in the streets without a permit is considered an unauthorized congregation. As I was being told this at the city jail last night, images of city streets all over the country were flashing through my mind. All of America was assembling. All were celebrating. They spent the night in a holding cell because we were not permitted to post their bail for another 3 hours. As I watched 8 of my classmates go through the docket court this morning, all I could think was that they were held for disturbing the peace, when in actuality it was peace we were celebrating.

“I am glad to report that Eastman not only sent a lawyer to represent their students, but Eastman was prepared to post bail. I watched as the Judge and lawyers looked over the charges. As they smirked in disbelief that these students were even picked up, the charges were dropped and my classmates dismissed.

“But, Obama is our President.”

3 thoughts on “students arrested for celebrating America

  1. They had to plead guilty to Unlawful Assembly in order to receive ‘Adjournment in Contemplation of Dismissal.’ ACD is very common for first time offenders arrested for a minor crime. So they did break the law, the judge is not “throwing it out.”

    I’m so embarrassed for my city and this citizen of Rochester offers an apology to the students. Play on.

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