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Heth and Jed perform at the Whitehall Street terminal in 2010.

(Staten Island Advance/Jan Somma-Hammel)

STATEN ISLAND, N.Y. -- Let the music play on!

Two Manhattan brothers, who have been singing for their supper on the Staten Island Ferry and in the subway are playing a happy tune after settling their federal lawsuit with the city and a cop from Staten Island, who, they alleged, threatened them and prevented them from performing.

Heth and Jed Weinstein will receive $15,000 -- $7,500 each -- to settle a lawsuit they filed two years ago in Manhattan federal court against the city and Police Officer Isaac Valdez.

"We hope that this case will put the city and the NYPD on notice that playing music in public spaces is not a crime, nor should a single police officer's taste in music affect the constitutional right [to] rock out in public," wrote the brothers, in an e-mail.

The duo, who are in their 40s and perform as Heth and Jed Community Rockers, said they intend to purchase "many new Marshall Stacks [amplifiers] courtesy of the NYPD" with the cash.

The city and Valdez admitted no liability or wrongdoing in agreeing to the settlement, said court filings.

A city Law Department spokesman said the settlement "was in the best interest of all parties."

The Weinsteins allege Valdez began harassing them in 2010, while they were playing on the mezzanine at Grand Central Station.

He disparaged and taunted them, calling them "dirty," and telling them they "dress like [garbage]," and were "too old to make it in the music business," court papers allege.

They contended he prevented them from playing in Grand Central Station despite their having permission to do so.

According to court papers, the Weinsteins are "buskers," musicians who make their living performing for tips. The duo primarily plays in subway stations and contend they make up to $400 per session, but usually less than $20,000 per year.

To keep the peace among the musicians, public and police, the Metropolitan Transit Authority created "Music Under New York," (MUNY) which regulates the time and place when buskers can play at certain subway-station mezzanines, said court papers.

The MTA website identifies the Weinsteins as permitted musicians, and lists them as "Heth," a guitar duo and vocals.

The Weinsteins maintain Valdez was biased against Jed Weinstein because he wore a "gay-pride, rainbow-colored" T-shirt.

When the Weinsteins challenged him, Valdez grabbed his badge and told the brothers, "That's the law right there," according to court papers and a YouTube video.





Afterward, Valdez complained to MUNY, alleging the pair had cursed at pedestrians in the subway, legal papers state.

The Weinsteins met with MUNY officials afterward and were allowed to keep their permit, but were asked to "take a break" from performing, said court papers.

They contended the unwanted hiatus cost them cash.