Not longer after students were relieved from the stress of taking finals, Madison Police Officer Mike Edler responded May 29 to a complaint and issued a ticket to local figure Thomas Ryan, the piccolo playing, orange wearing musician who frequents Library Mall. Edler wrote the ticket, officially titled \person making unreasonable noise,"" after engaging in a few conversations with Ryan, and receiving complaints from local vendors.
Ryan performs in Library Mall several times a week, for around two to three hours a day. He said he enjoys making people happy by playing songs that they love and recognize, including ""Hey Jude,"" ""On Wisconsin,"" and many jazz favorites. Ryan is constantly learning new pieces, boasting ""I've recently added 'Leave it to Beaver' to my repertoire.""
Unaware of any objections until a short time before being ticketed, Ryan said he never held any ill feelings towards the street vendors that surround him.
""I believe that I'm good for their business and they're good for mine,"" he said.
Som Chai Namarsa, owner of the Thai House food cart, expressed hope that Ryan would play in other areas.
""I cannot go anywhere else, but he can. I can't stand it anymore,"" Namarsa said.
Beth Fatsis, of the Athenian Garden food cart, called in the complaint on May 29, claiming that the notes emanating from Ryan's piccolo were too loud and disturbing. Although Fatsis never had a conversation with Ryan, she wrote two anonymous letters asking him to play in other areas and left it for him in Library Mall.
""In a perfect world I would like a different musician each week ... it should be open for other musicians to perform,"" she said.
Going into the trial on Aug. 21, Ryan said he was optimistic about his chances.
""If the judge goes by the law, I don't see how I could lose,"" he said.
However, several days after the trial the judge made his decision. Ryan, who defended himself, did not win.
""I guess I wasn't too surprised ... I don't expect justice out of a municipal court, I expect them to rule in favor of economic interest,"" he said. ""My main argument is free speech and that's something the higher courts will take very seriously. I don't think the municipal court cares about constitutional issues.""
Ryan will now be forced to alternate between several locations, unable to remain in one area for more than an hour. ""No better system has been worked out,"" he said. ""I will very likely appeal.\
