I doubt such an ordinance is applicable. As I understand the parlance when the term public performance is invoked, it is meant for actual events where an audience or gathering is incited to attend to witness performance. Otherwise, simply taking ones relatives in a self-organized tour, shooting photos and the like could be considered public performances. Rather, ordinance against public performance exist because of the logistical problems associated with public performances: increased liklihood of damage, increased traffic and congestion, large scale noise and decreased access to national landmarks.
I don't necessarily agree with the purpose of their actions, but it doesn't mean that it citiable within the actual context of the ordinance allegedly being violated. They aren't causing any of the logistical problems (i.e. disruptions) associated with a "public performance" nor is it necessarily prudent to force an interpretation of their actions as a "public performance" just because what they are doing is being done specifically to try and frame officers in a certain light. LEOs are responsible for just that and only that; enforce the law both in spirit and letter.
I don't agree that any of the reasons give are good ones why they should stop and why they should be cited or ultimately arrested. Provocation of LEOs in a lawful manner isn't a reason to deflect the law and create a purpose for arresting someone.
Last edited by CheeseForSteeze; 06-03-2011 at 09:39 AM.