25 Mar 2014
Tyler the Creator, a rap artist performing at Scoot Inn in Austin as part of a South by Southwest (SXSW) concert, was charged with inciting a riot at the concert. He was later arrested at Austin-Bergstrom International Airport. After being released on bond, he performed at a sold out show in Dallas.
The police issued a statement saying that the arrest was due to the fact that the encouragement of “unruly and unlawful behavior” is illegal. Well, that’s an interesting statement, but it ignores the law.
Here’s what we’ve been able to piece together from the news reports. Police claim that Tyler told concert-goers, during the concert, to continue to push through the entry gates. That’s it, really. The police then apparently went on the hunt to justify the arrest by interviewing some of those in attendance. A bartender allegedly told the officers that he held fans back to avoid injury to one girl who fell to the ground; the same man said he was punched in the resulting chaos.
The efforts of the police to locate someone who claims to have been endangered or injured in the fracas were likely prompted because of the definition of the crime of “riot”, set forth in section 42.02 of the Texas Penal Code. It defines riot as an assemblage of seven or more people leading to conduct which (a) creates an immediate danger of property damage or personal injury, (b) substantially obstructs law enforcement or governmental operations, or (c) causes, through force or threat, the deprivation of a legal right. Being “unruly”, or causing behavior which is unruly, is not riot under Texas law.
All of which brings us to wonder: Would there have been an arrest if the performer had been someone more along the lines of Frank Sinatra? Some might conclude that what happened here is sadly reminiscent of the police activity at Lenny Bruce concerts in the 50’s and 60’s, where a mammoth amount of law enforcement resources were devoted to trying to silence a comedian whose repertoire included political commentary that many of the power elite did not like.
In any event, the charges are pending, and we’ll watch for developments.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
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