Attempts by the street performer known as "Big Apple" to show that he was unconstitutionally blocked from plying his trade in Times Square were "fruitless," said Southern District Magistrate Judge James Francis IV (See Profile) last week.
Francis said Steven Mercier, who portrays Big Apple, failed in particular to provide sufficient proof that police chased him away from Times Square while they allowed a rival, the "Naked Cowboy," to perform for passersby without interference.
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