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March 08, 2017

Does cease and desist fall under George Thorgood neighbor whistle?

Neighbor Issued Cease And Desist After Continuous George Thorgood Whistling


Leonard Herwitz,a Los Angeles attorney has issued a cease and desist against neighbor Ramon Salazar’s continual whistling of George Thorgood’s Bad To The Bone.‘Incessant’ claims Herwitz. ‘Afternoons,nights,mid mornings,Jesus.’

Like many L.A. residents Herwitz,44 opens his windows to bring in the breeze and cut costs. ‘I get home from the office,I just want to relax,and there he is. Behind the fence. Lurking. Chirping. Asperger’s payola.’

Salazar,58 denies any wrongdoing but admits he sometimes whistles while tending his yard.‘I grow lettuce,epazote,tomatillo,chilles. Clears my head’, he said. ‘Inside with me esposa, no soy nada. Out here,I bad to the bone.’

But it isn’t just the pervasive whistling, Herwitz added. ‘It’s the blatant disregard of intellectual property’. Its George’s [Thorgood] music. You cant sell it, you cant publish it,you certainly cant whistle it.‘

California law adheres to strict civil and criminal penalties regarding unauthorized production, distribution and exhibition of copyrighted material.

Salazer claims he was unaware of the statute,until a fuming Herwitz showed up on his porch flailing paperwork.'He say he take me to court, but look around you. Nada. Can take me esposa. She available.’

Despite the turmoil Salazar vowed he’s not backing down.
‘You no want me whistle, I [go] whistle somewhere. Pull down your pants. – Until then I continue to whistle.’

Herwitz plans to file a temporary restraining order if the disturbance continues. ‘Sink or swim’, he warns.‘ Whatever the ruling,the bottom line is, it needs to stop. It’s the same song every day. For years. He’s relentless.’