According to a statement from the city of Alexandria, the Commonwealth’s Attorney reviewed the case and determined that Clouse’s arrest was mishandled.
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Video of Clouse’s arrest shows her singing “Don’t Cry for Me Argentina” from the musical “Evita” as she was cuffed and put into a police vehicle as passersby cheered her on.
On Friday night around 9:45 p.m., Clouse said she was singing near the corner of King and Lee Streets in Old Town when an officer asked her if she had a permit for the speaker. The Commonwealth’s Attorney has told the city that the noise ordinance Clouse violated called for a written warning – not an arrest.
Clouse was released from jail on Saturday. Police failed to first address the noise violation with a civil notice of violation. If a written order to cease or abate was thereafter issued, and a person refused to comply with the written order, a criminal arrest would have been appropriate. The charge against her was dropped.
“The arrest should not have taken place at the time it did and the city manager has publicly apologized to Ms. Clouse”, said Craig Fifer, director of communications and public information for the City of Alexandria. The City’s goal is to ensure that performers’ rights are protected while also addressing neighborhood concerns and maintaining Alexandria’s active street performance scene. By mid-September, the City will issue clear guidelines to staff and the community regarding enforcement.
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Alexandria said it is reviewing its busking ordinances.
