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Penley filed a second set of papers when the department set a limit of 70 decibels at 50 feet for the show. "Just turning on the sound system puts you over that level," Penley says.
Following a hearing, the judge accepted the city's argument, and let the 70 decibel limit stand, but suggested the protesters had a legitimate claim of selective enforcement.
Friday's protest was supposed to be about "police brutality." About 150 people were there along with a very large police contingent.
Leftover Crack played one song, and Cashman was immediately warned by the police that they were over the noise limit. The band started its second song, "Burn the Prisons," and again, they were over the limit. Cashman cut the sound himself to prevent the police from confiscating their equipment.
Cashman says the police are applying a double standard to Leftover Crack, and effectively taking away their freedom of speech. "For them, they strictly enforce the rules," he says. "But for other performances, they don't. The Charlie Parker Jazz Festival, the Theater for a New City, the recent performance by the Undead, were all way louder. No one was there from the police enforcing it. They just want to keep our shows quiet."
Star Fucking Hipsters are planning a record release party on September 27 at Tompkins Square Park, and, as ever, they expect the cops will be there, too. "I don't want anymore problems for anyone," said Cashman. "I've contacted my lawyer and I don't want to talk about it anymore."