Police are Now Confiscating DJ Laptops as “Evidence’ for Illegal Parties-What’s next?


I wanna make sure that every DJ reading this pays close attention and doesn’t dismiss this. Its all about setting legal precedent so police can take things a step further. This is pointed out in the article.

Every DJ reading this needs to realize that this so-called collection of evidence will eventually start happening when the RIAA and the organizations it backs  (I.e. Music First Coalition, Sound Exchange etc) began tracking down DJs who aren’t paying licensing fees for their music, especially if they are rocking at these ‘underground’ parties. This will really happen if they manage to push John Conyers bill HR 848 and make that into law.

For those who don’t know, HR 848 is a performance tax they want to charge radio. Play a song on the air and the artist (translation really the label using the artists as fronts) should get some money. This talk about playing songs for promotional purposes has fallen on def ears as far as the labels are concerned. Once this bill passes they will then use this argument of  ‘precedent’ and  make the case that since radio is paying a performance license so should deejays and club venues. This argument of ‘precendence‘ is the same scurrilous tactic they are using now to try and pass HR 848, except they are pointing to the highly contested bill that made internet and satellite radio pay similar fees as justification. They are likely to argue that the DJ is making living off the backs of hardworking artists and that there would be no career if it wasn’t for the artist thus an artist should share in a percentage of the revenues.  Keep your eyes open..

Lastly I will remind people if you recall when the RIAA started cracking down on mixtapes being sold in open markets they were able to do something that almost every business I know of has not and can not. They been able to come along with law enforcement on those RAIDS as if they were the police themselves. I also want folks to check to see if some sort of tracking devices or software are not being added to the laptops when they are returned.

-Davey D-

 Controversial tactic of taking laptops even when DJs not charged with crime  reportedly condoned by San Francisco’s new chief of police. EEF attorney steps in to help protect DJs privacy, get computers back.

San Francisco Bay Guardian

Police seize DJs’ laptops
New police chief apparently condones policy that critics call illegal and punitive

By Joshua Emerson Smith


San Francisco Police Department officers have added a controversial tactic to their aggressive raids on house parties (see “Fun under siege,” 4/22/09): they’re seizing laptop computers from DJs at the events.

While SFPD officials deny the laptop seizures is a new policy, they admit it has been condoned by Police Chief George Gascón, who took over in August and last month told the Guardian’s editorial board he wants to make the SFPD more transparent and accountable to the public (see “New coach, new approach,” 10/14/09).

“The police chief is aware that officers are being proactive in gathering evidence,” Sgt. Lyn Tomioka told the Guardian when asked about a string of laptop seizures by undercover cops over the last 10 months, most of them in cases in which the DJs weren’t even charged with a crime.

Many of the raids have occurred in SoMa, and were spearheaded by undercover officers who penetrated the parties and were followed by uniformed officers. San Francisco Entertainment Commission member Terrance Alan called the crackdown a “disappointing and dangerous trend.”

Tomioka said it’s a judgment call for officers to seize laptops as evidence of an illegal party, but Alan said the tactic is a punitive measure that proves nothing: “Taking laptops [is] not necessary to prove the underlying crime, and in many cases damages people’s ability to earn a living.”

One of the most recent raids happened on Halloween. It was about 2:30 a.m. and music was pumping out of a warehouse party on Sixth Street. The people throwing the party had hired a doorman, and attendee Eric Dunn was standing in line waiting to get in.

“We were right at the front of the line,” Dunn told the Guardian, when, he said, two plainclothes officers drove up on the sidewalk, jumped out of an unmarked car, and rushed up to the doorman. “[The officers] pretty much started demanding entry right away. The doorman was really polite. He basically told them that you have to know somebody to get into the party.”

Dunn said the officers waited until an exiting guest opened the door from the inside and then made their move. “One guy barged in, and the other guy followed. They never asked permission or received permission to enter the building,” Dunn said.

SF Chief George Gascon is allowing his officers to confiscate laptops from DJs as 'evidence'

Inside, the two undercover officers immediately shut down the event. Justin Miller, a DJ at the event, said she remembers it very clearly. “The cops at that point were telling everybody to leave the party, telling me to turn the music off. I turned the music off. Everyone was quietly leaving.”

But Miller said it didn’t stop there. One of the undercover officers approached her and asked if she had a laptop. She said she did. “I was a little confused at this point because I didn’t know what my laptop had to do with anything. I was playing CDs.” She said she pulled her computer out from underneath a table and unzipped it from a case. The officer then “grabbed it from me.”

The undercover police officer — later identified by witnesses and the evidence receipt as Larry Bertrand — instructed Miller to follow him down to the street to get a property receipt for her laptop.

At this point there were uniformed officers on the scene as well. Miller started to cry. “I begged him. I said, ‘This is my livelihood. You’re talking my laptop. This is my livelihood. I hope you realize that.’ He said, ‘This is how you’re going to learn then, I guess.’”

Miller said Bertrand (who did not return Guardian calls for comment) then told her he was “going to take it upon himself to shut down every illegal party in San Francisco.”

She said he then opened the trunk of his car, revealing several other laptops. A person at the party pointed out that one of the laptops belonged to a friend of his, and asked if he could get the property receipt for the laptop. Miller said Bertrand turned to the inquiring person and said, “You will never see this laptop again.”

She continued: “He then looked at me and said, ‘I’m going to make sure your paperwork gets so tied up that maybe you won’t see this laptop until December, January, February, who knows when.’ I felt so violated.”

Miller has been working as a DJ in the Bay Area, under the name DJ Justincredible, for more than 10 years. She says she’s never had any of her equipment confiscated by the police before. But at that party, three DJs had their laptops confiscated, even though none were charged with a crime.

Shortly after the Halloween incident, Miller and the two other DJs who were at the party contacted the Electronic Frontier Foundation, a nonprofit advocacy group specializing in technology and privacy issues. Jennifer Granick, a civil liberties lawyer with EFF, said most people haven’t heard about this because few of these DJs, if any, ever get convicted of a crime.

“DJs and the police department know that sound equipment and laptops are being unlawfully seized. But the public and the courts haven’t heard much about it because every time a DJ asks for a hearing, the cops just give them their property back rather than show up and defend the practice in open court before a judge,” she said.

Sean Evans has been working as a DJ in San Francisco, under the name DJ 7, for more than 10 years. He said that over the summer he had his laptop seized by police during an after-hours party in SoMa. He was given no property receipt, and his case was dismissed. But it took him three months to get his computer back.

“To lose our sole means of income, it’s a huge setback. It puts us out of work. In this recession, we’re struggling, and we need our laptops to get by,” he said. Evans grew up in the Bay Area and he said has never had anything like this happen to him before.

Granick argued it is illegal for police to seize property without issuing citations or arrests. She also said there are serious privacy issues at stake. “If we were to find out that the police were doing something else with the laptops, like searching through them or copying the data, we would definitely go to court,” she said.

SFPD Sgt. Wilfred Williams said he could not say what was currently being done with the laptops. In general, he said, private events that emit “extraordinary amounts of sound” need permits. And if they don’t have the proper permits, he said, property can be seized as evidence, “be it the speakers, be it the laptops, be it a mixer.”

Both Tomioka and Williams say the seizures aren’t a new policy. “If you look back in time, laptops haven’t been used for music,” Williams said. “There used to be old types of equipment that was taken in the past. But now laptops are being used. So yes, today, laptops [are] being seized.”

Entertainment advocates have called on Mayor Gavin Newsom and Gascón to come forward with an explicit policy concerning these raids and seizures. The Mayor’s Office did not respond to Guardian inquiries. Critics of the policy say it’s having a chilling effect on nightlife in San Francisco.

Return to Davey D’s Hip Hop Corner

67 comments on “Police are Now Confiscating DJ Laptops as “Evidence’ for Illegal Parties-What’s next?

  1. I am so frustrated whilr reading this. I have so many friends that are D.J.’s & it is a honest way that they make a living!! It is disgusting that Law Enforcement is doing this & I hope that Lawsuits start being filed 4 Violations in many ways. Thanx 4 putting this out 4 everyone 2 know!!

  2. What’s next? Will I have to pay to play music in my car when it’s loud enough for others to hear? This is ridiculous! The backlash against the music industry is underway and this seems to be their pathetic attempt to create revenue when it’s their own greed that’s causing them to lose money. People are waking up and realizing that the record label is not necessary like it was 15 years ago and will eventually go the way of the dodo bird. These are the label’s last gasps.

  3. this is ridiculous. all dj’s are doing is HYPING UP ARTISTS. We’re promoting them by playing them. It’s all a big circle in the end. Artists make music, we play their music and get paid, people go and buy the music after hearing it and then the artists get paid.


  4. Well the real dj’s that spin that wax don’t have to worry about that …Stop being so lazy and pic up a crate or 2 or 6….and keep it real ,these damn fake ass computer dj’s

  5. Plus we are paying for the music before we are even playing it and they are getting paid from that! Stephanie, totally agree with the idea that it is a circle that cycles around. This is insane. It would kill our business if we had to “pay” everytime we played a song at an event.

  6. This cat louie must not spin at all. he obviously doesnt know his head from his ass. If you spin solely on wax, you will get left behind and loose $$ because all the newest shit is being released on mp3 well before it’s pressed on wax. That’s just how it is.

  7. @ Louie,

    Alot of the ish comin’ out now adayz isn’t being pressed on wax, and i think most are good and have carried more than the #’s you’ve stated, in the passed before serato. “Real” DJ’s? Don’t tell me, you’re like 15 right. HAHA!!

    Real talk, i think the whole thing is about money. I think the police may be lookin’ at finding ways to come up on extra cash for our laptops. Records have never been seized in the passed when we have performed at house parties. Seems kind of suspicious they’re only taking laptops and not the turntables, serato records, mixers… nope just laptops. Why? To profit at police auctions.
    Thats my two cents


  8. pure NAZI-ism welcome 2 america,and of course dildos say things like ur not a DJ u computer guy,WRONG!!!! Disc jockeys (wax disc,laser disc,CD disc,or HARD DISC we r ALL DJ’ING!!!

  9. Well Louie, I guess you have never heard of a thing called serato scratch live, numark cue?? all time coded stuff, same as carryin around crates and crates of music, or click of a button to load up a tune. you still do the mixing, so please know what your tlaking about before posting. I pay my fees in canada so this doesnt really effect me. but i feel it in the states.

    this is probablly a good thing for the cheap dj’s who dont pay their fees and pay for their music. if you dont then you dont desrve to be dj’ing as you do not respect the business. I pay my fees’, buy my music and only use legally bought stuff. So there for my gear is legal. if your gonna download and steal, good riddance to you. for the people who pay for their stuff and respect the profession they are in, they are the guys who deserve to make the money!


  10. Man…this is some bull#$%t. DJ’s actually help sell music…I mean If it wasn’t for DJ’s nobody would even really hear a lot of the cool music out…these mf’s just want to squeeze all the fun out the world.

  11. F the police seriously. This is so wrong what really is the purpose of taking laptops. Maybe the music industry is buying out the police to do the dirty this is America and nothing is as it seems

  12. People should pay more attention to the draconian legislation steadily being pushed by the facist house and senate.

    I guess no one here has read the patriot act. The govt already has access to all your emails and phone records without a warrant. Why wouldnt you expect them to confiscate laptops?? You can buy another.

    This is just one of the many police state laws the commies are working to pass. Welcome to the United Socialist States of America.

    Wait till yall get a load of health care reform. Cap and trade will be a great thing too. Welcome to Bush’s 3rd term.

  13. I have never heard of this. I am appalled. I believe that there has to be precedence on this that there was first DJ’s who played music without paying licensing fees. It is an American right. I truly feel that slowly our rights are be sequestered and the more rights we lose the easier it is to keep the ones they have taken.

    We have unalienable rights people. We have to take a stand, and this stand has to be nation wide and it has to be all inclusive. We The People must stand up to tyranny. It is how America was made and if necessary it should be how America is reborn.

    I am from St. Louis, MO. Here we are beginning to fight the policies and politics that keep our ‘black’ communites down trodden and always in despair. Our politics in this city have for a long time now kept the developers away from the places blacks live. There is a long history of this and I am seeking resolutions and if nothing else we will stand on our courthouse steps and declare to the world our situation. Please, keep hope alive.

  14. It’s such BS………99% of DJ are playing to about 500 persons or less on any given night.

    Take a DJ’s laptop, kill the party, nobody gets laid…..great idea….morons

  15. As an agent, the international laws concerning this have been in place since 1979 and will not change.

    I am not saying that I agree. Just that the Laptop is considered a third party medium. A way to download and record music including MP3’s without paying anything.

    Sure people pay for some of the music that is downloaded and used but there is no way for the int’l music org.’s such as GEMA, ASCAP, etc. to track and monitor. Our technology has far outgrown our organizations, unions and associations.

    The fight is with the producers, authors and artists, not the government. They would have to agree to waive their licensing fees in order for the LT dj’s to get a pass. Not one of them … from Lady Gaga to Berry Gordy will do this. Don’t believe me … ask Sean Combs.

  16. Maranatha, on December 5th, 2009 at 1:16 am Said:

    Wait till yall get a load of health care reform. Cap and trade will be a great thing too. Welcome to Bush’s 3rd term.


    the fuck you talkin bout? This is about pigs stealing lap tops from dj’s. Everybody’s got some kind of political agenda they want to sneak in.

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    3- See below.

    FYI Serato…the makers of scratch live, a very popular and widespread djing application, plan to release an update as apart of their 2.0 version which will save and send a history of the songs you played back to their website (to your profile).

    The record labels will have direct access to these profiles. They say for the purpose of ensure that djs get credit for the records that they BREAK…but that can work both ways for djs that wont just push music they are not feeling. For example if they are not feeling the fact that they you wont push particular product for them, whats to stop them from turning against djs and using this information to have you arrested.

    The american public has gotten way to complacent about its civil liberties and will lose everything under the guise of thinking these sort of tactics is what will cause the dollars value to improve. Stop supporting the machine and say something.

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  23. I feel for all dj’s in the bay, who cares if your a laptop dj or your still using vinyl…it doesnt matter. from what i read in the article the police are gonna take anything. Its not right to jeopardize peoples livelihood especially now in this recession…..this is a blow to the dj scene period!!!!

  24. Wow… They don’t know what songs we play, so they can’t prove that it’s illegal. I guess they’re hitting places that don’t pay ASCAP or BMI fees. Most clubs and bars do.

    Maybe we should all start playing independent music and have DJ rights free music groups.

    Back up your hard drives folks!!!

    It’s all STUPID… Almost can’t believe it’s true

  25. dj_protege…

    This isn’t about playing illegally downloaded songs (read carefully). They’re taking legally bought mp3’s and laptops… It’s about paying licensing fees that are associated with publishing rights. Businesses like radio stations, gyms, bars, clubs, etc that play music in or as part of their business to make money, have to pay ASCAP and BMI annually for the use of music (most people don’t know this). The issue has nothing to do with if people buy or steal the music, they’re saying DJs are making money using music that isn’t theirs (they don’t own the rights).

    As a DJ, I think it’s crazy that it’s come to this, and even crazier that cops are taking peoples laptops instead of labels trying to sue people… If you know publishing rights, then it makes legal sense for labels to try this… not good business though. There are a lot of grey areas that haven’t been pushed yet with licensing/publishing rights, and as technology advances, it’s a constant battle.

    Don’t get me wrong… I don’t agree with it, I just understand how the laws have made it an issue. Again, what really doesn’t make any sense is that cops are getting involved, and actually taking laptops as evidence… Evidence for what case???

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  27. @Luoie/Lui(however the fcuk u spell you’re name, you’re just an old bitter dumbass. The cops said they don’t just confiscate laptops, in the past the confiscated other equipment, meaning turntables, mixers or whatever else they feel like.

    This is not about Serato making u loose gigs, join the bandwagon or quit. U cannot and never will fight technology.

  28. I can’t even explain how pissed off I am right now!! This is soo stupid! If it wasint for us the Djs, artist would have never been heard. The “DJ” was the first element before the MC came out and took our shine. Now their trying to make money off our living. Who ever has info on how to stop this let me know. I’ll spread the word!!! Let’s keep our DJ Careers!!!!


  30. Well… I can say over the last 15 years I’ve been lucky enough to travel the globe playing music. I get many tunes from the artist themselves prior to releasing. Many of these tracks dont have a label or may never even get released. How is ASCAP, RIAA, Serato, BMI…ect plan on taking fees from this. Who are they really protecting? Look at the UK for example. There is a fee that has to be (or supposed) paid for using time coded vinyl called a digital dj license. Having this license allows you to copy your purchased files from laptop to cd and also permits you to use this for public performance up to 20,000 tracks. Problem solved and this cost a DJ 200 gbp or something like that, right? Thats something to get behind. It’s not like 90% are claiming money earned and paying income tax on it. Shit, you’ll be lucky if 5% even get a work visa when playing out of the country.

    I know I never have 😉

  31. This does not surprise me, these days law enforcement is often more like TAX ENFORCEMENT!

    I have a radio in my shop and have been told i need a performance licence to listen to it!

  32. Thank god I play Brazilian Funk and Do not have to deal with this! Oh but I live in Brazil but have travelled alot in the USA and confiscating somebodys is just wrong..

    Why dont the police write the organizers a “ticket” if they dont have a “permit” for their party?

    Why punish the Dj’s as they are just hired to spin..

  33. How about when you download those music to ITunes and Rhapsody….They can’t confiscate the laptop…We pay for those…I even transfer all my original cd and capture as mp3 so it will be lighter to carry…..I’ve been dj for 14 yrs I filed my dj income for taxes….I’m trying to minimized my equptment because they are to heave and starting with the CD & Vinyl convert all those to mp3. I can’t bring those CD & Vinyl by myself. Are they giving me any money to hire a extra person to carry my shit? The money we got from the gig is not even enough to the equiptment and music we paid. When you capture the song from my cd some of it it doesnt carry the actual title of the cd ….I will be pissed if they confiscate my laptop….what next you cannot sing their song too….

  34. Maybe now people will begin to understand what a fascist nation amerikkka really is and stop eating up the freedom and justice for all bullshit

  35. Let’s see, –
    -Illegal search and seizure (unconstitutional)
    -destruction of private property
    (Monetary Loss, and businesses destroyed, putting more people out of work, earning potential ruined{if any dj can calculate how much they would be making during the time of loss of equipment, and found a good lawyer then the police department would be responsible for the monetary loss to this individual. furthermore the tactics used to seize this equipment should be well documented by more than 10 attending individuals that are not law-enforcement personnel)
    -grand theft
    all actions that police are arresting individuals for… I believe These kinds of crimes are a good 10-15 years jail time. so why do we have to follow the rules when those enforcing the law are breaking them. We need to Police the police and throw them in jail for the actions that they were entrusted by the people and the peoples tax dollars pay for these criminals salaries and retirement plans. vote for this asshole to not get re-elected,and Bomb them with lawsuits and even if they give you your stuff back ride out the entire situation in a court of law so it is made aware to the courts that something is wrong… or you can call the hell out of the department of internal affairs giving viable reason for investigation. I’m sure the police like criminals hide their most dirty secrets. read your books kids you can learn a lot

  36. disc jockeys will get a lot better reviews from their clients if they participate in blogs like this more often! Sharing ideas in an open forum makes us all stronger and gets us better reviews as disc jockeys now and in the future! Keep up the good work bro!

  37. One other point, disc jockeys now and in the future and even in the past were too quick to settle for less than their best. When we do our thang, everybody in that room is lookin at us to give them the groove they need. Great reviews come from great efforts and ALWAYS doin our best. Every time, not just for the dime. We do it cause we love it. It’s in our blood.

  38. We all have to defend our rights or we can all lose them. Freedom is worth fightin for. disc jockeys get together and get free

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  40. Man it’s all about the money aint it? here it is May 9 2013, May 9 2013!! and we are still dealing with all this crazy stuff. it’s all about the money. All disc jockeys now and in the future have got to get it together like the man said.

  41. Disc Jockeys Now a days are too too quick to settle for less monay than they deserve. In the clubs and even mobiles we are what makes the party rock today here on 5092013 and a hundred years from now!

  42. Yes it’s true that disc jockeys now a days really are too quick to settle for less money than they deserve, I get that but some mobile guys like Tommy’s Tunes, Repeat Performance, discjockeysnow.com, Over the Top Dj’s and Project Party DJs, Photo Booths and Karaoke are just trying to help those folks who flat don’t have the jack. This economy blows. I been searching for a club gig for 3 months and things are getting tight on the budget ya know? Looking for ideas here on 6’27’2013…

  43. Forgot one thing: Clubs dont pay what they used to. Anybody else notice this or is it just me??? This post is dated 6’27’2013

  44. I don’t want to sound concieted but I am good and worth more than my last gig paid. Last post here on 6’27’2013

  45. Yes it’s true that disc jockeys now a days really are too quick to settle for less money than they deserve, I get that but some mobile guys like Tommy’s Tunes, Repeat Performance, discjockeysnow.com, Over the Top Dj’s and Project Party DJs, Photo Booths and Karaoke are just trying to help those folks who flat don’t have the jack. This economy blows. I been searching for a club gig for 3 months and things are getting tight on the budget ya know? Here’s my reply: Man if you are down, the gigs will come to you. If you ain’t fly, ain’t nuthin gonna fly for you. Dig it? Disc Jockeys Now a days ARE havin to work harder just to EAT!

  46. It’s all the economy! Always will be, never gonna change. Disc jockeys now havin to slave for minimum at some clubs. Miss the good old days. I was clubbin the discs in the way back. Watched the switch to cd’s now laptops rule. You can’t stop progress. discjockeysnow.com and Over the Top DJ’s are mobile giggers not clubbers. Don’t know about the others but Project Party sounds like a mobile crew to this homeboy. Clubs is where it’s at for me. Never did like the mobile scene. Good jack but I get tired luggin the gear these days. I want to walk into a booth and just spin. Let somebody else haul all that gear for Aunt Betsy’s second wedding. Clubs rule.

  47. Disc jockeys now a days getting paid too much. No way! We are worth every penny and more with what clubs are paying. Wow if you really break it down with all the prep a real pro has to do it comes out to a few bucks an hour to spin in a lot of clubs . It’s July 2, 2013 and we are still arguing over this/ Mobile companies like discjockeysnow.com and benny’s boys or party boys are making more than club jocks every weekend. Everybody knows that, it’s part of the deal for hauling all that stuff around. A lot of those guys use big trailers to haul all that gear. That’s my opinion here on July 2, 2013 to keep it current and kepp it real

  48. One more point: I feel really strong that we all need to keep it real and not tear each other down. Respect goes a long way. Respecting club jocks is what the mobile guys like discjockeysnow.com and partyprosdjandkaraoke.com do and we should return the favor. Clubs help mobiles and mobiles help clubs. We are all in this together. These comments were posted July 2, 2013

  49. oh and i forgot, my regulars at the club love me. They come out every weekend to give me my props. The club owner is finally noticing that when I am spinin the place is hoppin and that means more jack to him cause it’s all about the liquor sales with these club owners. They could care what we are spinin as long as the drinks are flowin. For party pro’s, benny’s mikey’s guys, dancin master djs’ and discjockeysnow.com reviews are not that important but my reviews from my fans are everything to me. I live for the rave reviews. I live for the cheers I hear when I hit em with a perfect mix. Love that feeling, nuthin better. I just had to add that to my post from July 2, 2013

  50. just got home from a club gig. Man what a wild night. These people know how to p a r t y.

  51. Boss liked me. My main club owner bumped my pay 20 bucks a night. Crowds have been good. Sales have been strong. Great energy at least on the nights I am there. Can’t say what happens the other nights because I never go to a club I work at on my days off. Need my time away ya know? This is working. Maybe club disc jockeys now will be paid what they are worth. Finally. I think if ya hang in there and do a good job they will eventually reward you. That’s my theory.

  52. Just checkin in to see whazup. It aint happenin for me tonight. Crowd is big and stoked. Who’s makin fun of disc jockeys now? But I aint into it like usual. Oh well playa gotta play.

  53. I don’t know if this is the right place for discjockeysnow.com reviews but I was very happy with their service and prices and I would use tham again! Thanks Disc Jockeys Now

  54. I might have messed up, does anybody know if this is the place to list discjockeysnow.com reviews ? My wedding was on July 4, 2013. I am not real computer savvy so I apologize

  55. My name is Jasmine. I want to comment on how happy I was with discjockeysnow.com and also my caterer at my wedding on July 4, 2013

  56. My caterer was really awesome. She brought the best barbeque I have ever had. All our guests loved it. We will use her for a family reunion we have coming up. Disc Jockeys Now and my caterer, Miss Johnston, were the best.

  57. Just standin up for my homeboy DJ’s. Yes Yes disc jockeys now a days are unpaid and everybody knows it. Even ones with rave reviews are starvin. The market is filled with guys who can spin. It makes it hard. Doin our best as usual.

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