MBTA-Radio
Threatens Subway Performances
INDEX:
Stop T-Radio Petition HERE
On-Line Petition http://www.PetitionOnline.com/TRADIO/petition.html
News and Meetings HERE
List of Subway Performers HERE
Newspaper and Mass Media
Articles HERE
Background and History
1976-2007 HERE
Letters and Comments HERE
NEWS:
THANK YOU! THANK YOU! to everyone who
signed petition and complained on MBTA web site "Feed Back" to Stop T-
Radio. The petition was receiving 300-400 signers every day and
was growing (expected over 10,000-20,000 signers by Thanksgiving and
50,000 or more through the holidays). The MBTA sited the 1800
mostly negative feed back comments as reason for suspending T-Radio
immediately.
October 27, 2007
The MBTA suddenly announced a suspension
of T-Radio around 12 noon on October 25th. Articles about the
suspension appeared on the internet sites immediately and many media
outlets the next day:
- Boston Globe "T-Radio Hits Wrong Note with Riders - Program
Shelved Amid a Crush of Complaints" by Noah Bierman (Web site shorter
version is second link)
- Boston Metro front page story "T-Radio Nowhere" by Christina Wallace
- Boston Herald "Riled riders derail T radio" by Maria Szaniszlo
- BostonNow "T-Radio Goes Off the Air" by Galen Moore
- AP Report that appeared on many TV, Radio stations and web sites: "MBTA Pulls T Radio After Negative Response"
October 23, 2007
BostonMetro Article with Pyramid Radio. "T-Radio Clears the Air" by Christina Wallace http://www.metrobostonnews.com/us/article/2007/10/23/02/0901-72/index.xml
The subway artists, Federal Courts and
public have all stated the T platforms are a public space. Public
spaces can not be controlled or monopolized by any single person, group
or corporation. Will T-Radio have blacked out spaces for the
public?
The T-Radio format does not reflect the diversity of Boston.
Subway artists are from all over the world from Mexico to South Africa
and India to China plus play styles from traditional music of Haiti to
classical violin to New Orleans jazz.
This issue is bigger then just the subway performers. The subway
artists are also extremely concerned about T-Radio's impact on the
riding public. We are T riders ourselves. Read the
diversity of comments of over 700 online petition signers to understand
the public's point of view. Please share this url with friends
and colleagues. http://www.PetitionOnline.com/TRADIO/petition.html
October 22, 2007
The On-Line Petiton has over 500
signers. View the signatures to read many great comments on the
issue. Subway performers are also collecting written signatures.
The Artists Foundation sent an action alert. A letter requesting support from the T-Riders Union was sent.
Sound levels were measured with a decibel
meter this past week at all three T-Radio locations: South
Station was
62-68 db from 200 speakers, North Station was 65-70 db from 500
speakers, Airport Station was 68-74 db from 200 speakers. No one
can escape the radio. It is everywhere. The Airport
Terminals at Logan with radio broadcast from the same company were at
similar sound level ranges.
Anyone who wants to "experience" the full
impact of T-Radio should to go to North Station and count the 500
speakers! Go to Airport Station or Terminal A at Logan Airport
where the volume is higher and listen to the radio from 200 speaker and see how it suppresses
conversations, people covering their ears to talk into their cell
phones, how it invades and degrades intimate greeting moments when
people are returning from long trips.
The speakers are in the 30-60 foot
ceilings and to be 70 db and higher at ground level the entire space is
saturated with a dense sound blanket that is abusive to everyone.
Boston Metro published article on Monday.
"Riders tuning out T-Radio Hundreds sign petition to stop new service"
by Christina Wallace http://www.metrobostonnews.com/us/article/2007/10/21/22/3157-72/index.xml
Boston Globe is doing interviews for story in City Weekly section.
Caleb Aronson will coordinate Open Public Meeting location and date.
Pyramid Radio requested meeting this week
with subway artists to present proposal and possible compromise.
-- Stephen Baird
October 17, 2007
Subway artists met to
form a
consensus and discuss the best strategies to challenge T-Radio.
Historical and background information was shared. Ideas and actions
discussed include:
- The T platforms and stations
are a public space. The subways are a vital forum for
artists. T-Radio will negatively impact the public and
artists.
- Additional outreach to the
subway artists about the issue is needed.
- Test performances is needed
by both
amplified and un-amplified artists at South Station, North Station and
Airport Station where T-Radio is currently being broadcast.
- A committee of artists will
meet with Pyramid Radio to respectfully listen to their proposal and
compromises.
- Stop T-Radio Petitions will
be circulated. On-line petiton will be developed
- Partnerships will be
explored with T riders unions and other community groups.
- A open public meeting will
be scheduled
to develop a comprehensive action plan and committees of artists and
concerned citizens to stop T-Radio:
- Political Committee to seek
support from
Governor; State Legislature; Boston, Cambridge, Somerville,
Medford City Councils.
- Communications Committee to
seek media coverage of issue and submit letters to editors, blogs, etc.
- Technical Committee to
document volume
of radio broadcast and other T equipment. Document T sound
system
speakers and clarity.
- Legal Committee to seek pro
bono support
from ACLU, Massachusetts Lawyers for the Arts, and law firms to
evaluate legal issues and options.
- Out-Reach Committee to seek
imput and support from riders, artists and community members.
October 10, 2007: Here we go
again! The MBTA has launched T-Radio. See
http://www.mbta.com/about_the_mbta/news_events/?id=13647&month=&year=
The MBTA is desperate for
cash. It
will abuse patrons and subway artists to get it. The new
program
violates many previous agreements with the subway
artists.
The negative impact on
subway performers
will be immediate. South Station, one of the pilot stations
for
T-Radio, is a favorite performance spot. The subway artists
were
not contacted in advance even though the MBTA has their addresses and
telephone numbers as required by the permit system.
I was caught off guard by
this new
program and will host a public meeting to discuss the opposition plan
after the subway artists have time to learn about the issue and form a
consensus on the best strategies to challenge this policy. -- Stephen
Baird
Newspaper
Articles, Multi-media articles, Blogs
- Boston Globe "T-Radio Hits Wrong Note with Riders - Program
Shelved Amid a Crush of Complaints" by Noah Bierman (Web site shorter
version is second link)
- Boston Metro front page story "T-Radio Nowhere" by Christina Wallace
- Boston Herald "Riled riders derail T radio" by Maria Szaniszlo
- BostonNow "T-Radio Goes Off the Air" by Galen Moore
- AP Report that appeared on many TV, Radio stations and web sites: "MBTA Pulls T Radio After Negative Response"
- The MBTA T-Radio press
release:
- BostonMetro Article with Pyramid Radio. "T-Radio Clears the Air" by Christina Wallace
- BostonMetro "Riders tuning out T-Radio -- Hundreds sign petition to stop new service" by Christina Wallace
-
BostonNOW multimedia article link:
-
Northeastern University News article: T tunes out live music by Derek Hawkins
-
Rob Noyes web blog:
-
Boston
Magazine:
Subway
Artists contact
information:
Caleb Aronson http://www.calebaronson.com caleb@calebaronson.com
Tom Bianchi tom@24hourtom.com
John Bigelow JonLorPro@aol.com
Bobby Bishop tastybeats@yahoo.com
Micheal Borkson nosanctions@yahoo.com
Aron Chas mailto:subtonejazz@yahoo.com
Gifrants gifrants@yahoo.com
Mike Hasting mikehastingsband@yahoo.com
David Holzman DaveyTClown@comcast.net
Lisa Housman lisahousman@hotmail.com
Meg Hutchinson info@meghutchinson.com
Ned Landin ned@flatworld.net
Daniel Lawrence danielkeithlawrence@gmail.com
Kevin McNamara harmonicakev@yahoo.com
Carlos Romero alro@rcn.com
Eric Royer ericroyer@msn.com
Molly Shira http://accidentalfiddler.blogspot.com/ triquetra13@gmail.com
Gonzalo Silva gogosilva@gmail.com
Mare Streetpeople mares02@rcn.com
Michael Sullivan http://www.myspace.com/buskersworld busker@myway.com
Roland Tumble 617-921-3223
Alfredo Velasquez alfredo_jv@yahoo.com
John Westerfield Bostonbanjo@aol.com
Sharrhan Williamson sharrhanw@yahoo.com
The Boston Accordion
Lady thebostonaccordionlady@yahoo.com
Stop
T-Radio Petition:
Click on images to download
high resolution printable version (One page)
Click for PDF printable two
page petition HERE
Background
and History:
Subways
in Boston
1980-2007
The history of subway performances in Boston and the
country could easily become an entire book. In fact, Susie Tanenbaum
wrote her graduate thesis on New York City subway artists and it was
published by Cornell University Press. It is a wonderful reference and
I recommend it highly. See Wesleyan
University Olin Fellowship Thesis by Maggie Starr for
her thesis on the Boston Subway Artists. Several other students have
written or developed multimedia thesis on subway art and performances.
Below are list of these sites and resources:
The short outline of
Boston subway performers:
- Not much documentation
before 1976, except the interview of Ernie Saunders by the Boston
Phoenix presented in the Boston Legal Battle page, which stated he had
performed in the subways during the 1940s. First Night Boston included
subway performances in the first event in 1976.
- 1977 -- Governor
Michael Dukakis, an arts and public transportation advocate, started
Music Under Boston during his first term. Members of the Boston
Symphony and other artist (including myself) were hired to perform
during rush hour at the major downtown T stations. The program was run
by the MBTA Public Relations Department.
- 1982 -- Around 1982,
Music Under Boston was contracted out to Articulture (latter became the
Cambridge Multicultural Arts Center). Artists were auditioned and
scheduled.
- 1985, July 18 --
Boston Globe page 69 "Boston's Subway Serenaders" by Wil Haygood
- 1986, April 1 -- The
Cambridge Multicultural Arts Center stopped scheduling and auditioning
artists because the MBTA no longer offered an administration contract
fee and the Cambridge Multicultural Arts Center was not able to raise
any funds to continue the program. CMAC Officially stopped the program
on April 1, 1986.
- 1986 -- Artists were
threatened with arrest and often shut down for performing on subway
platforms. There was even documentation of platform workers demanding
payments from street artist to be allowed to perform.
- 1987 -- Subway Artists
Guild was formed January 6, 1987. Numerous public meetings, media
coverage, petitions and demonstrations. Public hearing conducted with
MBTA at Senator Michael Barrett's office. demonstration model program
developed to allow performances without auditions, with the right to
sell own music cds/tapes and use of amplification.
Click on
image to view and download larger version
Members of the Subway Artists
Guild who all put in countless hours to improve
performance conditions for
artists from left to right:
Lorraine Saltre, Sharrahan
Williamson, Harvey Smith, Elliot Gibbons and John Bigelow
January
13, 1987 TAB article by E. Dennis; May 5, 1987 TAB article by Dennis
Gaffney
Click on
image to view and download larger version
- 1989 -- MBTA started
to play music over the public address system in November. This stopped
most performances during the peak performance times during the
holidays. Letter writing and media campaign stopped this practice in
mid December. Governor Michael Dukakis sent a nice letter of apology.
Click on
image to view and download larger version
- 1990 -- Formal
agreement between Subway Artist Guild and MBTA present by Attorney
Dianna Stallone after extensive negotiations and meetings mediated by
State Senator Michael Barrett.
- 1990, June 28 --
Boston Globe page 29 "Notes from the Underground" be Ellen O'Brien
- 1991, January 16 --
Colin Matthews, a violin player with a vaild permit, was stopped for
performing at Government Center Blue Line station. Letter sent to MBTA
by Attorney Dianna Stallone, Powers & Hall, to honor 1990
agreement without litigtion.
- 1993 -- MBTA starts to
install 400 TVs, up to 40 TVs on some of the central station platforms.
Another letter writing, media campaign, petition drive -- much of the
media against the street performers for economic reasons including ABC
(Channel 5) which had bought into the scheme and hoped to improve its
ratings and capitalize on the monopoly of TVs on all the platforms.
MBTA agrees not to have an audio signal from TVs. Other citizens groups
begin legal action
- 1995 -- Installation
stalls at about 40 TVs. Many do not work and are often in disrepair.
Cable company goes bankrupt and remaining TVs eventually vanish by 2001.
Click on
image to view and download larger version
"For many persons who do not have easy access to
television, radio, the major newspapers, and other forms of mass media,
the only way they can express themselves to a broad range of citizens
on issues of general public concern is to picket, or to handbill or to
utilize other free or relatively inexpensive means of communication.
The only hope that these people have to be able to communicate
effectively is to be permitted to speak in those areas in which most of
their fellow citizens can be found. One such area is the business
district of a city or town or its functional equivalent....
It would not be surprising in the future to see cities
rely more and more on private businesses to perform functions once
performed by governmental agencies. The advantages of reduced expenses
and increased tax base cannot be overstated. As governments rely on
private enterprise, public property decreases in favor of privately
owned property. It becomes harder and harder for citizens to find means
to communicate with other citizens. Only the wealthy may find effective
communication possible unless we adhere to Marsh v. Alabama and
continue to hold that "(t)he more an owner, for his advantage, opens up
his private property for use by the public in general, the more do his
rights become circumscribed by statutory and constitutional rights of
those who use it."
Justice Marshall from his dissenting
opinion in Lloyd Corp. v. Tanner:
The Legal Court Citations section refers to the New York City subway
Federal Court Cases and also includes a Boston subway Federal Court
Case: Carew-Reid v.
Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990) (Subway) Jews for Jesus v. Massachusetts Bay
Transportation Authority (1991) (Subway)
Subway
performing artist and supporters who went to the Massachusetts State
House to obtain political support from elected officials. Including:
Michael William Wright, Mare Streetpeople, Jamie McLaughlin, David Fox,
Pumla Bhungane, John Patton, Michael Sullivan, Dave Falk, Lisa Housman.
Photo taken by Lauren Ingram.
- November 2003: MBTA
enacted new guidelines developed in secret that eliminated all
electronic instruments, banned horn and horn like instruments
(Including flutes and wind instruments), banned all forms of
amplification, also restricted artists to very bizarre locations and
charged a $25 permit fee. The artists did not receive notice of these
new regulations until November 15th and the new regulations were
scheduled to go into effect on December 1st.
Resolved this issue
after a heated media, legal, email/internet, and political lobby
campaigns, plus a petition drive which received over 16,000 names in
eight days. Compromise guidelines still banned trumpets and all drums.
See this link for in-depth details:
December 2003 MBTA Restrictions
Battle
- MBTA web site
with the compromise guidelines: http://www.mbta.com/business_center/subway_performers/
- Transit Realty Associates, 20 Winthrop Square,
Boston, MA 02110
- Contact Jack Wolfson, Asset manager, 617-482-2525
jwolfson@transitrealty.com
- Two Boston Globe
article on September 5, 2004 with update on subway performances:
Street
Arts and Buskers Advocates
- Introduction,
Background and Services
- Street Arts
Advocates Email List
- Code of Ethics
- Legal
Issues
- Legal Court
Citations article by Stephen Baird
- Goldstein v. Town
of Nantucket, 477 F. Supp., 606, (1979)
- Davenport v
Alexandria, VA 683 F2d 853 (1983), 710 F2d 148 (1983), 748 F2d 208
(1984)
- Friedrich v
Chicago 619 F. Supp., 1129. (D.C. Ill 1985)
- Carew-Reid v.
Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990) (Subway)
- Jews for Jesus v.
Massachusetts Bay Transportation Authority (1991) (Subway)
- Bery v. New York,
97 F. 3d 684 (2d Cir. 1996)
- Turley v. NYC 988
F.Supp, 667 & 675 (1997). See US 2nd Cir Appeal 98-7114 (1999)
- Perry v. LAPD, US
9th Cir Appeals 96-55545 (1997)
- Horton v. St.
Augustine, Florida US 11th Cir Appeal No. 00-16220 (2001)
- Christopher
Mastrovincinzo (a.k.a. "MASTRO"), and Kevin Santos (a.k.a. "NAC" OR
"NAK") v NEW YORK CITY 313 F SUPP 2D 280 (2004)
- Boston
Legal Battle 1972-2004
- Boston MBTA
Subway Legal Battle 1986-2004
- Cambridge
Legal Battle 1973-2003
- Alexandria,
Virginia Legal Battle 1982-1984
- Baltimore,
Maryland Legal Battle 2002 on
- Chicago
Legal Battle 1982-1986
- New Orleans Legal
Battle
- New York City
Street Entertainers 1700 - 2005
- Provincetown,
Massachusetts Street Performers
- Saint Augustine,
Florida Legal Battle 1998 on
- Salt Lake City,
Utah Legal Battle 2001 on
- Santa Cruz,
California Legal Battle 1978-2003
- Seattle,
Washington, 1974 on
- Waikiki Street
Performers Win Lawsuit 2002
- The Malling of
America: The Selling of America's Public Parks and Streets--The
Economic Censorship and Suppression of First Amendment Rights article by
Stephen Baird
- Amplification
Ethics article by Stephen Baird
- Model Regulations introduction and
three samples
- Performance
Locations
- History
and Cultural Impact of Street Performing in America
- History
and Cultural Impact of Street Performing International
- Links and
References
- Street and Vaudeville Artists Directory
Data Base
- Street
Artists Photo-Journalism Project
- Stephen
Baird -- Street Performer with Music, Puppets & Lore
For translations into
different languages -- Arabic, Chinese, Italian, French, German,
Russian, Spanish or others visit the web site:
http://babel.altavista.com
Community
Arts Advocates Index
Copyright
©
1999-2007 by Stephen Baird
