The following little historical references are just a glimpse of the depth and breadth of the creative spirit of the human race that blossoms on the street corners, market places, subway platforms and any other place people gather.

New York City has been alive with street music since the time Native Peoples were caretakers of the island. There are many diaries with early accounts of street performers in the 1700s. Newspapers started to print articles on street performer and street entertainers in the mid 1700s. Laws about noise and complaints about vendor songs and cries, also document the flourishing sounds of street music.

The waves of immigrant migrations to New York City filled the city with music of every style and tradition. Out of this melting pot came artists like Eddie Cantor, George Burns and Irving Berlin.

The Siberian born Jew who was to become to popular song writing what Heinz was to pickles arrived on the Lower East Side before his fifth birthday. Four years latter his father, a part-time cantor. died, and the boy went to work on the streets, singing for pennies. (Irving Berlin original name Isidore Baline)

Burns began his performing career at age seven as the tenor in a street singing group called the Peewee Quartet which performed in virtually every Lower East Side bar and cafe, and on occasion on the decks of the Staton Island ferry. (George Burns original name Nathan Birnbaum)

Live & Be Well: A Celebration of Yiddish Culture in America - From the First Immigrants to the Second World War, by Richard F. Shepard & Vicki Gold Levi, Ballantine Books, NY, 1982, pages 24 and 33

Mayor LaGuadia started a street performers ban in 1935 and the total ban went into effect on January 1, 1936. The New York Times had many articles on the public out cry over the ban. NBC Radio did a live broadcast in support of street performers. Judges dismissed cases, but the ban remained in effect until 1970, when Mayor Lindsey lifted the street performance ban.

The ban in NYC hurt the whole country because many instruments including street "Hurdy Gurdy" organs were bought and repaired there.

The "Beat" movement of the 1950s and early 1960s "Folk Revival" exploded with the Washington Square Riots in April 1961. Federal Court cases by poet Allen Ginzberg and folk singers started the First Amendment legal challenge of the street music ban.

Mayor Lindsey finally lifted the street performance ban in 1970.

The troubles did not end. Technically people are allowed to perform with out a license anywhere in the city if no amplification is being used. However, without a license to perform, many street entertainers are asked to "move on." The court case below highlight the ongoing issues.

• Turley v. NYC 988 F.Supp, 667 & 675 (1997). See US 2nd Cir Appeal 98-7114 (1999) (Amplification)
• Bery v. New York, 97 F. 3d 684 (2d Cir. 1996) (Visual Art)
• Carew-Reid v. Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990) (Subway)
• 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) (Vendors)
• The last case was appealed to the Second Circuit and was reversed in January 2006, Additional appeals are being considered.
• Josh Weiner "Juggler Josh" jugglrjosh@aol.com was arrested in Times Square in May 2005. Some balloon artists were arrested in 2006.  The criminal case against Josh was dismissed and Josh won damages in civil action against the city for the false arrest with the support of Attorney Robert Perry (Attorney Robert Perry also worked on the Turley case).   Details can be read in his email at the end of this page.

Susie Tanenbaum who wrote Underground Harmonies - Music & Politics in the Subways of New York (Cornell University Press 1995) also published a 40 page phamplet Know Your Rights in 1996 through City Lore, 72 East 1st Street, New York, NY 10003 Telephone: 212-529-1955 Email: steve@citylore.org It has pages in both Spanish and Russian. It does not include the new court cases.

Current web site version published in 2004 at: http://www.citylore.org/citylore_links-guide.html

•  The following is from the Performance Locations web page:
  • New York City: SP, M, SUB. Central Park, Washington Square, Greenwich Village and Broadway show lines. Still many police hassles, city has lost recent court cases and may be friendlier. See Turley vs NYC, May 1997, included a substantial financial settlement 988 F.Supp, 667 & 675 (1997). Also see US 2nd Cir Appeal 98-7114 (1999) web site decision. Subways are both scheduled and open. Court case for visual artists United States Court of Appeals for the Second Circuit, Bery V City of NY Decided: October 10, 1996. Josh Weiner "Juggler Josh" jugglrjosh@aol.com was arrested in Times Square in May 2005.  He received a $12,000 settlement from city for the false arrest in January 2007. Susie Tanebaum who wrote Underground Harmonies - Music & Politics in the Subways of New York (Cornell University Press 1995) also published a 40 page phamplet Know Your Rights in 1996 through City Lore, 72 East 1st Street, New York, NY 10003 Telephone: 212-529-1955 Email: steve@citylore.org It has pages in both Spanish and Russian. It does not include the new court cases. Current web site version published in 2004 at: http://www.citylore.org/citylore_links-guide.html
    • http://groups.yahoo.com/group/NYCStreetArtists/ or http://www.openair.org/alerts/artist/nyc.html Robert Lederman, President of A.R.T.I.S.T. (Artists' Response To Illegal State Tactics), Ph: 201 896-1686 Email: artistpres@comcast.net Site on visual and vendors artists fight in New York City
    • Some farmers markets allow unamplified performances see: http://webtunes.com/streetfair.cfm.
    • http://newmedia.jrn.columbia.edu/2003/issue2/story2/index.html Site on New York City subway perfomances done as Columbia University Graduate School of Journalism project
    • Schedule spots and festival at South Street Seaport Marketplace, 19 Fulton St., New York, NY 10038-2196 212/SEA-PORT There was an attempt to impose a $500 license fee in the spring of 2004 at South Street Seaport. See this page HERE for details of the petition drive and work to repeal this fee by Josh Weiner.
    • http://www.mta.nyc.ny.us/mta/aft/muny.htm Site on New York City MTA Music Under New York (MUNY) program which is auditioned and scheduled
• From the History and Cultural Impact of Street Performing in America:
  • Reverend Gary Davis performed on the street of New York for over a decade. He was a most remarkable and inventive guitar player. Tony Schwartz recorded a live street performance by Rev Gary Davis on the 1957 Folkways (FD 5581) record "New York Street Music," which still shines as a brilliant virtuoso guitar work. Notes on a later Biograph recording by Rev. Gary Davis speak on the harsh realities of street performing.
    • 1944 he began playing for street audiences. "Not so much that I liked it, but that's the best I could do. I was glad to get away from it (street singing). Cause there's too many different kinds of people you meet up with in the street, and it its not recognized, too... They call it beggin', pan handlin'."
      • Rev Gary Davis, Blues and Gospel Vol 1, Biograph Record BLP 12030 reviewed by Stephen Cult.
• See these web sites:

  http://www.streetmusicny.com "Street Music" documentary film which focuses on NY street and subway artists by JD Marlow. Completed in July 2003.Site and dvd film includes historical and legal references, interviews with Susie J. Tanenbaum (Underground Harmonies), Robert Turley (Street bass player who filed Federal law suit against NYC) a host of other street perfomers, Music under New York administrators, Fred Kent from Project for Public Spaces, historical film clips by Willim H. Whyte, film clip of arrests. Comprehensive documentary explores performances in public spaces.

• http://www.downtownlocals.com Two NYC premieres. "Downtown Locals" follows the lives of six unique subway performers as they struggle to earn a living and defend their right to perform in NYC's underground. You can check out our website and watch our trailer on My Space.
  http://www.myspace.com/downtownlocals
  
  Tuesday, September 12, 7:00PM
  The Pioneer Theatre
  155 East 3rd Street (between Avenues A and B) - New York, New York
  (212) 591-0434
  Performers and directors in attendance, reception to follow
  http://www.twoboots.com/pioneer/
  
  Friday, September 15, 8:30PM- Live performance/ 9:00PM- Showtime
  Rooftop Film Festival
  On the lawn of Automotive High School
  50 Bedford Ave, between N. 12th and Lorimer, Williamsburg, Brooklyn
  In the event of rain the show is indoors at the same location.
  Live performances before the show!
  http://www.rooftopfilms.com/show_06-downtown.html
  
  Both events should be loads of fun. We'll be there along with performers featured in the film.

  http://groups.yahoo.com/group/NYCStreetArtists/ or http://www.openair.org/alerts/artist/nyc.html Robert Lederman, President of A.R.T.I.S.T. (Artists' Response To Illegal State Tactics), Ph: 201 896-1686 Email: artistpres@comcast.net Site on visual and vendors artists fight in New York City

  http://www.preservewashingtonsquarepark.com Preserving Washington Square Park site in New York City by Ray Brizzi. Be sure to read study by Project for Pubic Spaces on the uses of the park. Also link to photogapher H. J. Steed web site http://www.pbase.com/hjsteed/washington_square is wonderful gallery of street musicians and other artists http://www.pbase.com/hjsteed/wsp_musicians

  http://a.parsons.edu/~sis/stephanie/final/intro.html Stephanie Ormston school multi-media web site project on Street Performers in Washington Square Park.

  http://newmedia.jrn.columbia.edu/2003/issue2/story2/index.html Site on New York City subway perfomances done as Columbia University Graduate School of Journalism project.

  http://www.streetvendor.org Street Vendor Project works to correct the social and economic injustice faced by these hardworking entrepreneurs. Reaching out to vendors on the street, we hold clinics to educate vendors about their legal rights. Working to support a local vendors' rights movement, we organize vendors to participate in the political process that determines their fate. Finally, we engage in systemic advocacy to help policy makers and the public understand the important role street vendors play in the life of our city. Urban Justice Center, 666 Broadway, 10th Floor, New York, NY 10012, Sean Basinski, Coordinator, Phone 646.602.5600

  http://webtunes.com/streetfair.cfm New York City Street Fairs & Markets -- some farmers markets allow street performances

• Also see the Books and References.
  • Campbell, Patricia. Passing the Hat: Street Performers in America. New York: Delacorte, 1981.
  • Harrison-Pepper, Sally. Drawing a Circle in the Square: Street Performing in New York's Washington Square Park. Mississippi: University of Mississippi Press, 1990
  • Tanenbaum, Susie. Underground Harmonies: Music and Politics in the Subways of New York. Ithaca: Cornell University Press, 1995
  • Rediscovering the Center City (Doubleday 1988) by William H. WhyteThe author, William H. Whyte, was an expert architect witness in favor of street performances in the Davenport v. Alexandria, Virginia and the Friedrich v. Chicago, Illinois federal court cases. He provided important testimony to rebut the exaggerated and bogus public safety issues often presented by city officials to suppress and ban street performances. Details of this issue can be found in the third chapter. William H. Whyte also wrote an earlier book titled The Social Life of Small Urban Spaces which documented street performances and pedestrian behavior (See: Project for Public Spaces, 700 Broadway, New York, NY 10003-9536 Fred Kent, President, Phone: 212 620-5660, Fax: 212 620-3821 Email: pps@pps.org. Web site: http://www.pps.org/).
• I am writing a book on the history of street performances. The web site has lots of information and this information and other information on Hurdy Gurdy Street Organs will be posted soon. Links are approved for most requests and please give credit to Stephen H. Baird, Community Arts Advocates and a link to: http://CommunityArtsAdvocates.org/StreetArts.html

•  
• New York City 1900 to 1934

  Selected references -- References are from the New York Times unless noted differently.

  • 12/11/1915, 22:3 -- Street organ grinders and vendors have to move 250 feet when complaints issued.
  • July 1, 1923, section VII -- "Comic and Queer and Old Ordinances of NYC," New York Times, Article states 1,600 licensed street performers in 1923
  • 4/4/1926 -- II, pg 3 -- "ExSoldiers Grind Organs"

    Only a few Italians play in London now, due to Facistis ban--

    Unemployed exservicemen have supplemented Italian organ grinders in the streets of London. A Fascist edict withholds passports because such means of livelihoods derogates from the prestige of fascist Italy.

    "There were nearly 1000 Italians cranking organs in London before the war. Now there are only three or four says Luigi Pesaresi who made instruments for 50 years --still 400 played. Ex Officers would wear black mask while wife and children collect pennies.

  • 1/26/1930, V, 17:4 -- organ grinders

   

• New York City Bans Street Music and Street Entertainers 1935

  1935

  • 3/8/1935 -- Only 14 issued, no more will be licensed (51 issued previous year). Organ grinders licenses abolished, welfare department issued.
  • 3/9 -- licenses, ban issued
  • 3/10, VII, pg 201:12 -- Globe editorial and picture
  • 4/14, VII, pg 201:12 -- Swan song of hurdy gurdies
  • 4/16, 23:7 -- lost popularity musicians talk
  • 4/28 -- Limited licenses so S. Lupicon can get one (Previously arrested), played at city hall and turned away
  • 9/23, 19:7 -- freed by court for singing
  • 11/27, 10:3 -- Greece -- organ grinder ban lifted.

  1936

  • 1/1/36 34:2 -- Ban and arrest of street performers by Mayor LaGuadia, NBC radio broadcast to support street performers. LaGuardia says "He will not license begging on the streets" $8ooo collected for fees, 5000 sign petition to keep music on street.
  • 1/3, 21:8 --German band leader arrested
  • 1/4, 17:4 -- released
  • 1/11, 17:3 -- organ grinders on radio to appeal
  • 1/17, 21:3 -- Mayor will continue ban
  • 1/23, 25:5 -- Opera singers send letter to Mayor
  • 1/24, 18:7 -- Letters plead
  • 1/25, 14:4 -- Editorial
  • 1/26, 3:5 -- NBC makes Mayor's ban letter public
  • 4/16, 20:4 -- Editorial against ban, loved by children
  • 4/20, 12:7 -- Letter deplores disappearance
  • 4/21, IV, 8:6 -- Boston Globe sent editorial opposing abolishing street musicians
  • 5/9, 17:7 -- 4 freed despite ban
  • 5/11, 18:4 -- Editorial
  • 5/17, 38:1 -- suspended sentence of 2
  • 8/11 -- Arrested, Suspended sentence, judge likes music, $1 fine
  • 8/12, 8:5 -- hand organist arrested and freed

  1939-1945

  • 4/15/1939, 18:7 -- Letter on ban
  • 3/13/1942, 18:4 -- Editorial urging return of street players

• Folk Singes Riot in Washington Square Park -- New York City Bans Folk Singers in Washington Square Park 1961

  1961

  • 3/28/1961, page 37 -- City Acts to Silence Minstrels' Playing in Wasington Square
  • 4/10/1961. page 1 -- Folk Singers Riot in Washington Sq.
  • 4/20/1961 Village Voice I, 13 -- "Right to Sing Rally" Scores Ban by Morris : Ready to Fight
  • 4/27/1961 Village Voice I, 6 -- Morris Ban on Singers in Square Divides Village
  • 5/1/1961, page 1 -- Folk Singing Arrest Stirs 2,000
  • 5/5/1961 page I, 19 -- Court Backs, Folk-Singing Ban by City in Washington Square
  • 5/8/1961 page I, 41 -- 600 Sing in Square but without Guitars
  • 5/13/1961 page I, II -- Folk Singers Get Another Chance
  • 5/15/1961 page 27 -- Singers Return to Park in Peace
  • 7/7/1961 section II -- Folk Singing Ban Upset on Appeal

  1966

  • 4/30/1966, page 47 -- Henry Percikov won law suit to read poetry in Washington Square Park
  • 8/29/1966, 38:4 -- Alan Ginsberg states Mayor Lindsey was more receptive to the arts
  • 8/30/1966, 19:40 --Editorial: finger printing of cabaret workers stopped and Park Department would stop restricting poetry readings

  ---

  From: jugglrjosh@aol.com
  Date: Wed Aug 30, 2006  11:44:46 AM US/Eastern
  To: stephenbaird@surfglobal.net
  Cc: JugglrJosh@aol.com
  Subject: MUNY False Arrest Lawsuit
  
  Dear Mr. Baird,
  
  My name is Josh Weiner, a Street Performer here in NYC since 1990. Thanks again for your support with the South Street Seaport busker's fee that was resolved in our favor. The program continues to support street performers at the Historic Seaport with annual auditions and the performers work for tips, although recieve no salary of other benefits. Last year our festival was included in the River to River Festival thanks to your generous support. Thanks for sharing this information at Community Arts Advocates.
  
  Last year in May, I was arrested working with my Music Under New York permit in Times Square and detained for the weekend. I missed other work and was charged with disorderly conduct, resisting arrest, and reckless endangerment. the charges were dismissed due to eyewitness accouts, letters of support from work and MUNY, and a good Legal Aid lawyer Ms. Bella.
  
  I have filed suit against the City of New York due to the false arrest and detainment, and lost work. I have a lawyer Mr. Perry here in New York. I'll keep you posted on the outcome.
  
  Since the arrest, other performers have approached me with similar stories this 2006. Two indepentently working Balloon Artists were arrested because they had a "machine" that "looked like a bomb." When explaining to the Police that it was used to "Blow Up" latex balloons for the public, as part of their craft, they were arrested and detained. One of the artists, Sasha, was taken from his bicycle and the officers arrested him with guns drawn. In both instances, the machines, metallic black boxes, were torn apart as possible bombs, to check the contents. The machines, I was told, cost $850. They were given no compensation for the arrests.
  
  Performing at the Seaport has been with few such instances. The regulations with Management and Property Security have been those of protocol and scheduling the appropriate performers. It has been a successful year for the Seaport with special events attendance and Tourist attendance in NYC.
  
  I performed a few times with MUNY after my arrest last May 2005. The performances were without incident, I worked with my permit and again with the MUNY guidelines. Independent performers are legal in the MTA, and most work without interruption.
  
  I hope all is peaceful in Boston.
  
  Sincerely, Josh Weiner

  NOTE: He won a court case and settlement against New York City in January 2007 for the false arrest.

• 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
    • Overview with articles and photographs
    • Police Rule 75
    • FLASH NEWS: Federal Law Suit to protect rights of street artists in Boston served on August 3, 2004
      • Complaint Motion
      • Preliminary Injunction Motion
      • Response From City of Boston
      • Reply and Second Memorandum
      • Federal Court Hearing December 17, 2004
      • Ciy Repeals Police Rules and Regulations determined Unconstitutional in Federal Court on December 23, 2004
      • Issues and timeline
      • Media articles
      • Petition
  • Boston MBTA Subway Legal Battle 1986-2004
    • Overview with articles and photographs
    • December 2003 MBTA Restrictions Battle
    • Wesleyan University Olin Fellowship Thesis by Maggie Starr
  • Cambridge Legal Battle 1973-2003
    • Overview with articles and photographs
    • Cambridge, MA Ordinance
  • Alexandria, Virginia Legal Battle 1982-1984
    • Overview with articles and photographs
    • Historical statement by Stephen Baird
    • Davenport v Alexandria, VA 683 F2d 853 (1983), 710 F2d 148 (1983), 748 F2d 208 (1984)
  • Baltimore, Maryland Legal Battle 2002 on
    • Overview with articles and photographs
  • Chicago Legal Battle 1982-1986
    • Overview with articles and photographs
    • Urban Studies Statement by Dr. Allan Schnaiberg, Professor of Sociology and Urban Affairs at Northwestern University
    • Friedrich v Chicago 619 F. Supp., 1129. (D.C. Ill 1985)
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  • New York City Street Entertainers 1700 - 2005
    • Mayor LaGuadia bans New York City street entertainers 1935
    • South Street Seaport
  • Provincetown, Massachusetts Street Performers
  • Saint Augustine, Florida Legal Battle 1998 on
    • Horton v. St. Augustine, Florida US 11th Cir Appeal No. 00-16220 (2001)
  • Salt Lake City, Utah Legal Battle 2001 on
    • Salt Lake City, Utah Ordinance
  • Santa Cruz, California Legal Battle 1978-2003
    • Santa Cruz Street Performance Voluntary Guidelines
  • Seattle, WA 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
    • Citizens to End Animal Suffering v Faneuil Hall Marketplace, Inc., 745 F. Supp. 65 (1990)
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• Model Regulations introduction and three samples
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  • Sidewalk Democracy: Municipalities and the Regulation of Public Space
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• History and Cultural Impact of Street Performing in America
  • Avenues of Self Expression article by Stephen Baird
  • Ben Franklin on the Streets of Boston in 1718
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  • Patrick Henry and Sam Adams on the Revolutionary Streets
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  • Boston Street Music 1869
  • Irving Berlin to George Burns--Immigrants Fill The Streets With Music
  • Bessie Smith, Blind Lemon Jefferson, Eubie Blake, Reverend Gary Davis, Louis Armstrong and the African American Diaspora on the Streets
  • Mayor La Guardia Bans Street Music in New York City in 1935
  • Hurdy-gurdy man Marino Persechini in Boston 1899-1974
  • Street Artists in Fine Arts Paintings, Photographs and Films
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    • Sidewalk Democracy: Municipalities and the Regulation of Public Space
  • Women Street Performers and Sexual Safety By Kirsten Anderberg
• History and Cultural Impact of Street Performing International
  • Germany 1990
  • "In Transit Railscapes" -- India's Street and Transit Music By Navin Thomas
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    • Sidewalk Democracy: Municipalities and the Regulation of Public Space
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