Radical’s attorney Jay Ellwanger said in each incident, the charges were dropped.

October 16, 2019 Atlanta: An Atlanta police officer looks over street performer Eryk D. Radical, 26, a legally blind Georgia State University student, as he plays his trombone for pedestrians at Peachtree Street and Andrew Young International Boulevard. Radical is suing Atlanta police, MARTA police and the Fulton County Sheriff’s office alleging repeated harassment while playing on street corners. Curtis Compton/ccompton@ajc.com

Radical's lawsuit comes two months after three downtown Atlanta hotel managers complained to Mayor Keisha Lance Bottoms that panhandling has affected their business, The Atlanta Journal-Constitution previously reported.

Officers and Downtown Ambassadors had nearly 10,000 “encounters” with someone for panhandling in the downtown area this year through September, an increase of 28% percent compared to the same period last year, according to David Wardell, vice president of operations and public safety for Central Atlanta Progress, a community development organization that works to strengthen the downtown economy. The encounters can include anything from an arrest to asking a panhandler to stop.

The lawsuit also comes as the city works to close the Atlanta City Detention Center, which holds misdemeanor offenders for crimes such as panhandling. Many of Radical's interactions have been with Atlanta police, according to the lawsuit. In one instance, police dropped and damaged his trombone, which was passed down to him from his dad. He is now saving to replace the trombone while he uses a backup instrument.

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Radical’s attorney said they’ve tried working with Atlanta police’s internal affairs department to stop the misunderstandings, but the department has been unable to explain why they keep charging his client. “Police will run down a laundry list of what they can come up with to get him away from where he is and arrest him,” Ellwanger said, adding that Radical has been accused of panhandling, violating the city’s noise ordinance, and trespassing.

Radical has been a street performer since he was 16.

He was first arrested in 2013. Then known as Eryk McDaniel, he was performing on a street corner outside Turner Field, the Atlanta Journal-Constitution previously reported. At the time, Atlanta police claimed Radical was told he could not solicit money near the stadium. Radical insisted he didn't ask anyone directly for money, but officers said having his instrument case open nearby was a gesture intended to ask for money.

The city’s panhandling law explicitly prohibits people from asking for money, but Ellwanger said Radical didn’t ask for money in any of the instances in which he was arrested.

“He can’t solicit, but is free to put a case or can out to accept donations,” Ellwanger said.

Atlanta police investigated a 2018 arrest of Radical after he and his attorney raised concerns, found there was officer misconduct and took “corrective actions,” according to a letter the department’s Office of Professional Standards sent to Radical and Ellwanger.

Radical is asking for a jury trial and monetary damages, but just wants to be able to play on sidewalks without being arrested or detained: “The biggest thing is just that there’s no more harassment.”

October 16, 2019 Atlanta: Street performer Eryk D. Radical, 26, a legally blind Georgia State University student, plays his trombone on Peachtree Street at Andrew Young International Boulevard in Atlanta. Radical is suing Atlanta police, MARTA police and the Fulton County Sheriff’s office alleging repeated harassment while playing on street corners. Curtis Compton/ccompton@ajc.com

Atlanta’s anti-panhandling laws prohibit people from soliciting money in the following areas:

- Within 15 feet of a port-a-toilet, ATM, parking lot pay box, or payphone

- Within 15 feet of a public or privately owned building, including residences, businesses, venues, and athletic facilities

- Within 15 feet of city-owned and operated parking garages

- Within 15 feet of and on public transportation vehicles and platforms, including buses, taxi stands, train stations

Panhandling is also prohibited in the Midtown Theatre District, which includes parts of Spring Street, Ponce de Leon Avenue, North Avenue, and West Peachtree Street

The city also has a Restricted Monetary Solicitation Zone, which prohibits people from soliciting money at several intersecting streets in downtown Atlanta