Providence to pay ACLU attorneys $21,610 over saxophone player suit

July 12, 2016 8:32 pm

A court magistrate has ordered the city of Providence to pay $21,610 dollars in legal fees to the lawyers of the saxophone player who sued over the treatment he received on city streets.

Manuel Pombo was arrested and threatened with arrest on multiple occasions for playing the saxophone and soliciting money. With the help of the ACLU he sued the city claiming he was unconstitutionally harassed. Back in January they reached a settlement allowing him to continue to play.

"I’m glad they got compensated,” said Pombo after learning that his attorney’s would be getting a pay check from the city. "What I do is called busking a 2,000 year old tradition. I’m not saying can you give me some money I’m playing music which takes time to learn and play this 8 or 9 hours a day in 28 degree or 95 degrees and tell me if it ain’t a job."

ACLU Rhode Island Executive Director Steven Brown tells ABC 6 News he is pleased with Tuesday’s news.

"As a result of that lawsuit we were able to settle with the city and the city acknowledged that Mr. Pombo would have the right to perform music on the street on the sidewalks without facing fear of arrest,” said Brown.

Some city residents worry that this case could set a bad precedent, pointing to the sheer number of people who panhandle on city streets. It is important to note that back in February the mayor halted enforcement of an anti-panhandling ordinance.

Former Mayor Joe Paolino worries what kind of message the settlement in Pombo’s case sends.

"Is it a first amendment right for someone to sleep on the sidewalk, is it a first amendment right for a person to bring their blankets and towels and lie down on a sidewalk in the middle of a business day. I don’t think that’s a first amendment right. That’s what is happening in Providence. This panhandling thing has mushroomed,” said Paolino.

The ACLU is hoping that as a result of the settlement with Pombo other communities will recognize the same first amendment rights of people in similar circumstances.