Times Herald Record

-Thursday, Oct 13, 1994

Street Singer Fights to keep colorful lyrics

by Richard A. D'errico and John Milgrim

WOODSTOCK - John the Baker is fighting for his right to swear in public. Doggone it. The Baker was singing songs from his self promoted release, "She Hates My Music." Apparently, so do the Woodstock police. The Baker was charged Oct. 2nd with disorderly conduct for singing songs laced with swear words and sexual references on the Woodstock Village Green. Ironically, one of the songs, "Woodstock Punks ", criticizes people who hang out on Woodstocks Village Green doing drugs. He had his day in court last night and pleaded not guilty. The case has been adjourned for sometime later this month.

The accounts of what happened that autumn day vary. Police say The Baker was warned twice to stop singing vulgar lyrics before being arrested by mounted police Officer Shawn Ost. Ost warned The Baker twice to stop singing. "He was like, Oh My God you can't sing that!" John the Baker recounted. "And I go, What is it I can or can't sing?"

And Ost said, "You know the words I mean." And so it went back and forth. The Baker sang another tune, attempting to edit out the profanities - missing a few. He was then arrested. "In the world we live in, people talk that way. And they're allowed to," The Baker said. "If I want to cuss you out right now, its legal" Ost said he was protecting the public. "When you start singing obsenities in front of kids, thats where I draw the line," Ost said. "He just totally did not think he did anything wrong."

________________________ N.J.Town Bans Cursing: page 8 ______________________________

John the Baker said there were no children present when he first began singing but once police showed up, so did the children. Ost said there were about 8 children around. But the issue comes down to this-Do police have a right to arrest someone for using vulgarity in a public place? Under the disorderly conduct statute, they do. Under section 240.20 part three of the penal code, a person is guilty of disorderly conduct if: "In a public place, he uses abusive or obscene language, or makes an obscene gesture." Cussing was outlawed on Tuesday in Raritan, NJ, where a borough council approved an ordinance that would prohibit profanity. The law gained national publicity and Raritan Mayor Anthony DeCicco has been critisized. "Naturally we have people saying, Mayor, you're taking away our rights'. What I'm trying to do is provide civility, tranquility and peace. People don't have to be subjected to this obscenity and vulgarity." Decicco, who has drawn the wrath of civil libertarians, said it was right that John the Baker was arrested. "They've said, we're going to financially take you apart," DeCicco said. And the New York Civil Liberties Union was not happy about John the Bakers arrest. "I think that the arrest, in our opinion, is unconstitutional, " said NYCLU executive director Norman Siegel. "If the guy called us, we'd represent him." "Of all places, the last place one would imagine this would happen would be Woodstock, internationally known as the community of freedom."

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