Celebrating self-expression as a basic human right essential for the healthy growth of youth, individuals and communities COMMUNITY ARTS ADVOCATES, INC. Stephen H. Baird, Founder and Executive Director 39 Robeson Street, Jamaica Plain, MA 02130 Email: info@buskersadvocates.org |
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(Detailed site index at bottom of page) |
The History and Cultural Impact
of Street Performing in America
by Stephen Baird © Stephen Baird 2021
1972-2021
The Badge -- "The license to sing"
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2019 Current status of street performances published on City of Boston web site: https://www.boston.gov/departments/consumer-affairs/street-performers-public-areas
The City does not require or issue permits for street performers in public areas.
City of Boston repealed Police Rule 75 and stated would not enforce old laws against street performers on December 23, 2004, under pressure of a Federal Law Suit. Threats and suppression of artists have been documented from March 2005 through May 2009. If this continues to frequently happen then I will return to Federal Court and seek damages.
No permit is currently need to perform or display and sell artwork in Boston. Contact us if you have a problem and document incidents with the form here. See details of the court case and issues below. -- Stephen Baird
Three documents that may help prevent police or other authorities from stopping street performances and street art sales in Boston.
Legal Memorandum - Street Performers by City of Boston Law Department - Assistant Corporation Council Thomas Donohue - July 12, 2006
It was sent to Police Department, Parks Department and Downtown Police District Captains.
- It states city does not regulate or require permits for street performances.
- Street Performances includes: playing musical instruments, dancing, acting, singing, pantomime, juggling, magic, puppetry, drawing, painting and reciting.
- Performers may request and accept contributions of money. Performers may sell recordings of their own work including cassettes, CDs, and DVDs
- See and download printable PDF copy HERE
Downtown Crossing Association aka Downtown Crossing Partnership was part of the 2004 Federal Law Suit. Downtown Crossing Association president signed a legal stipulation that they respect the First Amendment Rights of street artists, do not issue permits and do not control street performances in Downtown Crossing area that was filed in Federal Court on April 27, 2006 in front of Federal Judge Nancy Gertner.
- Link to Stipulation PDF HERE.
Affidavit of Captain Bernard O'Rouke of downtown Boston Poice District A-1 signed October 27, 2005 and filed as part of the Federal Law Suit
- States order and memorandum was posted at police station on January 12, 2005 that laws regarding street performances were recinded and performers are not required to have a permit.
- States memorandum was read to all police officers for six days.
- States memorandum was still posted in the District A-1 building
- See and download printable PDF copy HERE
Summary of Boston area scene from Performance Location Page:
- Boston: SP, M, L, SUB.
- Boston streets, plazas and parks -- New court decision issued on December 23, 2004 where old law was repealed. No license is required. Other laws can be used to stop performances. Suggest to perform between 7 AM and 11 PM, stay below 80 db at 25 feet with sound levels, do not block door entrances or sidewalks. Performances happen on a first come-first serve basis in front of Faneuil Hall in Sam Adams Park, Downtown Crossing, Boston Common, Boston Public Gardens, Newbury Street, Copley Square and in Kenmore Square area around Red Sox game times. If you are stopped send incident reports to us here with details of when, where, who, and why. See Boston Legal Battle 1972-2006 Overview with articles and photographs for additional details and copies of documents.
- Subways are open on a first come-first serve basis and lottery at 7 am for busy MBTA stations such as Harvard Square Red Line Station. License is required $25 see subway page here for details: https://mbtarealty.com/subway/
- MBTA web site with the compromise guidelines: http://www.mbta.com/business_center/subway_performers/
- Schedule spots and festival at Faneuil Hall Marketplace, 4 South Market, Boston, MA 02109 617-523-1300 http://www.faneuilhallmarketplace.com (Send promo in and schedule an audition)
- Faneuil Hall street performers clash with property manager over sound By Zachary T. Sampson, July 6, 2014 Boston Globe
http://www.bostonglobe.com/metro/2014/07/05/faneuil-hall-marketplace-street-performers-and-property-manager-clash-over-sound/Nw1G9NKett4U6tG1AYIcQP/story.html- Faneuil Hall: As Sam Adams knew, noise is OK - Boston Globe Editorial July 12, 2014 http://www.bostonglobe.com/opinion/editorials/2014/07/12/faneuil-hall-sam-adams-knew-noise/ir3dRMVMGPUZ1icWmljnfN/story.html
- Philip Bloom: They can use small amps unofficially. That's only the last few days. No music yet. Globe had the story since auditions in April.
- Thanks to Phillip Bloom for getting the story out!
- Cambridge: Harvard Square is best area in the evenings and weekends. Cambridge permit is now FREE from Cambridge Arts Council, 344 Broadway, Cambridge, MA 02139 617-349-4380. http://www.cambridgeartscouncil.org or http://www.ci.cambridge.ma.us/~CAC/ Cambridge, Massachusetts, USA permit and regulations. This permit is good for one year beginning January 1st. You can sell your own cds and use amplification at 80db in a 25 feet distance. Download copies of Cambridge Ordinance from this site or the arts council site (Laws are periodically updated so always check the City Clerk office for latest version). Look for the statue that tributes street performer and Russian puppeteer Igor Fokin in Harvard Square http://www.igorfokin.com.
Boston proposes new regulation April, 2016 This ordinance was tabled and never passed.
Boston City Council meeting Tuesday, May 3rd, 2016 at 1:30 PM
- http://meetingrecords.cityofboston.gov/sirepub/mtgviewer.aspx?meetid=279&doctype=AGENDA Item 1671 Councilors LaMattina and Linehan offered the following: Ordinance regarding street performers in the City of Boston.
- Copy of Ordinance at city site or at Street Arts and Buskers Advocates site HERE Little details in this draft ordinance except permit fee of $40 and up to $160 fee for band.
- Boston Globe article by Steve Annear Oct. 21, 2015
- Boston Metro article by Spencer Buell Oct. 21, 2015
Updates: Boston Proposed New Regulations April 2016 This ordinance was tabled and never passed.
Artists fight for free speech at a cradle of US independence – Associated Press - Philip Marcelo - Boston Herald, May 11, 2016
http://www.bostonherald.com/entertainment/arts_culture/2016/05/artists_fight_for_free_speech_at_a_cradle_of_us_independence
Boston proposes new regulation April, 2016
Boston City Council meeting Tuesday, May 3rd, 2016 at 1:30 PM
- Proposed new regulation PDF 3 pages HERE
- May 3rd Hearing Notice (Click to see details)
- This letter to the Boston City Council states my opposition to the proposed Street Performers Ordinance: HERE
Boston proposes new regulation on October 21, 2015
Boston City Council meeting Wednesday, Oct 21, 2015 at 12 Noon
- http://meetingrecords.cityofboston.gov/sirepub/mtgviewer.aspx?meetid=279&doctype=AGENDA Item 1671 Councilors LaMattina and Linehan offered the following: Ordinance regarding street performers in the City of Boston.
- Copy of Ordinance at city site or at Street Arts and Buskers Advocates site HERE Little details in this draft ordinance except permit fee of $40 and up to $160 fee for band.
- Boston Globe article by Steve Annear Oct. 21, 2015
- Boston Metro article by Spencer Buell Oct. 21, 2015
August 1, 2008 The City of Boston and National Park Service put a Fence Around One of the Premier Symbols of Freedom in America - Faneuil Hall. The Fence actually blocks the Freedom Trail. This was done to disenfranchise the civil rights of street artists and the general public who freely choose to peaceably assemble and support them. The fence is a blight not only on the city, but the county. The fence, similar to the old Berlin Wall, is a symbol of Mayor Thomas Menino and other government officials failure to develop intelligent and equitable public policies and regulations. There was no warning or public process before this crack down. Portrait artists, living statues and street performers were suddenly told they could no longer exercise their First Amendment artistic expression in this public park by the police. There are no written guidelines or laws, just the arbitrary whim of the police officers and government officials of where people can perform and audiences can gather. These actions are all being done in direct defiance of stipulation by Boston City Attorneys in the Federal Court case Community Arts Advocates, Inc. v. City of Boston et al Number: 1:04-cv-11618 (Dec 2004-May 2006) where they stated artists would not be stopped from exercising their First Amendment expression in Sam Adams Park, Also see Federal Court case that stated Faneuil Hall Marketplace is a traditional public forum for the First Amendment: Citizens to End Animal Suffering v Faneuil Hall Marketplace, Inc., US District Court, 745 F. Supp. 65; 1990 U.S. Dist. LEXIS 11260 Background: I sued the City of Boston 2004-2006 over arrests and threats of arrest in Boston Common, Downtown Crossing, Copley Square and Sam Adams Park. The city repealed old Police Rule 75 (from 1850s) and a new law (403) that was just as bad on December 23, 2004 in front of Federal Judge Nancy Gertner. I was threatened with arrest in Sam Adams Park while conducting an interview with Boston Phoenix about this court case. See photograph and details below. I argued and won that the city could not allow Faneuil Hall audition artists to use Sam Adams Park and not allow other artists. I proposed an ordinance similar to the Cambridge ordinance, but city stated they would use other laws including the noise ordinance to control performances. The police have since failed to monitor sound levels with decimal meters (Sound is also suppose to be inaudible at 100 feet which could control bucket drummers). The city can not control performance location issues with out doing drastic, heavy handed and unconstitutional ad hoc use of other laws (The issue that was covered in the front page Boston Globe story "A rhythmic, rocking Cradle of Liberty no more City corrals street artists at Faneuil Hall" by Donovan Slack on August 1, 2008). http://www.boston.com/news/local/massachusetts/articles/2008/08/01/a_rhythmic_rocking_cradle_of_liberty_no_more/ Also see Dan Kennedy Blog at http://medianation.blogspot.com/ The City of Boston put chairs and tables in the primary performance area in Sam Adams Park that pushed artists next to restaurant that caused the current complaints. The closing of Filenes and construction of Downtown Crossing has pushed many artists to Sam Adams Park. There are many conflicts of space, sound and other issues between artists. Artists -- Balloon, Living Statues, Portrait Sketch, Bucket Drums -- started to set up on north side of Faneuil Hall facing Quincy Market that has curtailed and caused major tensions with Quincy Market artists. (See letter below from the Jim Show) As long as the city fails to set up performance location guidelines, a lottery system to share the performance locations/time and enforce the noise ordinance consistently/fairly (The police and firemen union picket demonstration were 10 times louder then any performers at Sam Adams Park)... Then the situation will flare up with arrogant abuse of power that is both mean spirited and unconstitutional. I suspect the only way I will be able to bring a measure of equity to this situation is through the Federal Court. Stephen H. Baird Street Arts and Buskers Advocates Community Arts Advocates, Inc. PO Box 300112, Jamaica Plain, MA 02130 Email: info@BuskersAdvocates.org Web: http://www.BuskersAdvocates.org Cultivating ongoing fundamental relationships between artists and communities by celebrating self-expression as a basic human right essential for the healthy growth of youth, individuals and communities August 2, 2008 Stephen, Have you been down to Faneuil Hall lately? Have you seen the cheap carnival that it has become over the last three years? This "crackdown" is a positive thing as far as I'm concerned. I have not done a single street show in Boston since the spring of 2006. The main reason for my not performing is your lawsuit, and the subsequent flood of disrespectful, unprofessional balloon clowns, face painters, statues, bucket drummers and break dancers to the one pitch in Boston that was actually working. Faneuil Hall has become a symbol of what is WRONG with street performing... TOO MANY ACTS WITH NO REGULATIONS. It's anarchy; and the person with the loudest amplifier wins. It's the same thing that happened to Harvard Square; which is why I left there in 1998. Was this your intention when you decided to sue the city? Did you envision 15 balloon clowns standing in a line selling balloons? Bucket drummers going head to head with bucket drummers for eight to ten hours straight? Eight-man break dance crews intimidating all other acts off a pitch, unwilling to share, rotate or turn their car battery amp down a bit from level 11? It is an ugly, ugly scene. One that I no longer want to be a part of. I am all for freedom of speech and freedom of assembly, but what about MY freedom of speech? Should I just go buy a bigger amp so I can be heard? Is that the solution? I hope not. In a perfect world, there would be no rules or government crackdowns, yet all acts would share pitches, play at respectful noise levels, rotate time slots and entertain people in a safe, professional manner. But that is not what it going on at Faneuil Hall. It's a free-for-all. There needs to be some regulations. And the regulations need to be enforced because the swarm of 'acts' that has descended on Faneuil Hall over the past three years is not going to police itself. I say good for the mayor for doing something to attempt to fix the problem. Hopefully this will make everyone realize that having 25 acts on one city block might not be a good thing. Jim Show <jim@smirk.com> Jim, The Mayor is the problem. I was threatened with arrest for playing an unamplified hammered dulcimer on Boston Common and Sam Adams Park. I was threatened with arrests while trying to film a documentary film (Discovery Channel) and conducting a newspaper interview with the Boston Phoenix about street performing at Sam Adams Park. Faneuil Hall Market Place artists including yourself were allowed to perform in Sam Adams Park with amplifiers. I assert this was an unconstitutional and illegal monopoly of a public park which you and other Faneuil Hall Market Place artists profited exclusively from 1999 to 2004 to the detriment of artists from all over the world. This illegal monopoly was sustained and enforced through intimidation by the Boston Police Department. I can provide an extensive list of artists who will testify under oath that the Faneuil Hall Market Place "auditions" and "program" is poorly managed, not fair and has a racial bias. The "First Amendment" does not say you have to be "good." Artistic expression is not just about making money. Entire new art forms were created on the street from blues to jazz and tap dancing to break dancing. Artists develop both their talent and audiences on the street. Between March and August 2004, I sent a draft ordinances and numerous letters to the Mayor and Boston City Law Department to negotiate a new policy that would be fair to all. I was willing to explore options with anyone who was interested in the issue. The mayor refused to negotiate. During these negotiations I was repeatedly threatened with arrest. The Federal Law Suit was filed in August 2004 because of the incompetence and arrogance of the Mayor and his administration. The ugly scene at Sam Adams Park is the direct responsibility of Mayor Thomas Menino who was more interested in power and control then intelligent and equitable public policies and regulations. Stephen H. Baird Street Arts and Buskers Advocates Community Arts Advocates, Inc. PO Box 300112, Jamaica Plain, MA 02130 Email: info@BuskersAdvocates.org Web: http://www.BuskersAdvocates.org Cultivating ongoing fundamental relationships between artists and communities by celebrating self-expression as a basic human right essential for the healthy growth of youth, individuals and communities August 2008 - Attorney Shane Early from Nutter, McClennen and Fish LLP represented Chance aka Bruce Pratt in Federal Court. Chance was stopped from performing as a "Living Statue" in Sam Adams Park by the Boston Police because of loud sound level issues. Chance who is a silent performance artist living statue, portrait artists, balloon twisters and other silent or low volume spoken word artists were all stopped in the unconstitutional crackdown in Sam Adams Park by the Boston Police. The City of Boston was forced to settle this case by the Federal Court action in 2010 See Peck v. City of Boston, 750 F. Supp. 2d 308, (D. Mass. 2010 |
"NOOSE ON SALE" -- by Milan Kohout (Web site HERE)
IN FRONT OF "BANK OF AMERICA" (Opposing the balcony where The Declaration of Independence was read in 1776), BOSTON, USA, "TREMOR" FESTIVAL November 2007
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"Standing in front of the main branch of "Bank of America" in Boston, I offered a sale on nooses. This sale reflects the cynicism of the banking market which is willing to sell everything for the sake of profit include human life and suicide. As a practical illustration of the contemporary US "police state" it took only 3 minutes for the first policeman to appear on the scene and start to interrogate me. He was followed by another two policeman in a patrol car two minutes later. I was asked what country I was from and what language I spoke. I replied that I was from The USA and as they could hear I spoke English. I followed by asking them if they were "racially profiling" me. The policeman answered "YES". The nooses and a sign were confiscated as material evidence and I was told I would receive a court summons for breaking a law for not having a peddler's license." -- Milan Kohout
Milan Kohout contacted me in January about his pending trial. I referred him to Massachusetts ACLU and Volunteers Lawyers for the Arts. Attorney Jeffrey J. Pyle from Prince, Lobel, Glovsky and Tye responded and did a great job in court hearings and preparing briefs. The police admitted they stopped the performance because it was "offensive." Blatant illegal content suppression of a protected First Amendment activity. The case should never of gone to trial. The case was finally dismissed on March 7, 2008.
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Attorney Jeffrey J. Pyle with artist Milan Kohout. Plus supporters of artist collective Mobius.
Media Reports
BostonNow 02-20-2008 -- "Boston Police vs. political protest? Anti-bank protester slammed for sidewalk nooses" by James O'Brien HERE follow up article 03-09-2008 HERE
Boston Phoenix 02-21-2008 -- "The case of Milan Kohout - The right of a performance artist represents the rights of all Americans. " HERE
Weekly Dig 02-2008 -- Offensive performance an offense? By LAUREN MAGNUSON HERE
OLD POLICE RULE 75 REPEALED DECEMBER 2004To sing on the street of Boston one has to obtain the "Itinerant Musicians License" under Police Rule 75. It does not cover non musical performances and the law dates back to the 1850s. Notice section 8 on the last page which states that "A female licensed itinerant musician shall not play a musical instrument in a street unless she is accompanied by an adult male licensed itinerant musician." Police Rule 75 also has massive time and geographic restrictions that essential bans performances
Police Rule 75. For a PDF version of Police Rule 75 please click here
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Restricted area: essentially banned street performances in downtown Boston. It was still being passed out by the Police Department with applications when I applied for a license in January 2004.
March 1973, Boston Globe photo by Charles Dixon. This is my favorite street performance photo, even thirty years latter. It shows two and one-half year old Leigh Fairchild dancing to my music on Boston Common by the Park Street Station MBTA entrance kiosks. The photograph captures one of those magical confluence. The entire gathering was sharing this exuberant early spring moment. A month latter members of my audience were arrested.
The police threatened to arrest me, arrested other performers and even arrested audience members when I first started performing on Boston Common in 1972. I wrote a series of letters to the City of Boston Law Department and the rest is history...
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Click for a PDF version of the April 1973 letter (306K two pages) here
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I wrote a series of letters to the City of Boston Law Department and sent copies to the media. I also distributed letters to my audiences. This is the second letter I sent to Mayor White in April 1973. The first letter was forwarded to Police District One office and the situation became even more hostile. A member of my audience was arrested. Ruth Anna was arrested twice. This second letter was forwarded to the Law Department and the Assistant Corporation Counsel for the City, John Fiske met with me. A new statement was typed on the paper permit to clarify the begging and soliciting restriction "Licensee permitted to receive voluntary donations but is not permitted to solicit." The police were not happy with the change and threatened to still arrest me many times. The attitude took more than a decade to change and still is not complete. Artists were arrested in Copley Square in the 1980s and another artist was threatened with arrest on Newbury Street in October 2002.![]()
Ruth Anna was arrested twice
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- May, 8, 1973 article by Sharon Basco appeared in the Boston Phoenix (Vol 11, No 19, p 5) details the legal battle for the right to perform in Boston. Click for a PDF version of the article (306K two pages) here
- October 26. 1973, Street Musicians Play for Profit and Pleasure, The Daily Free Press at Boston University by Bruce Houghton, page 6
- April 17, 1974, Street Scene, Boston Globe by Maria Karagianis, page 41
- June 23, 1974, Summer Brings Out the Music by Ray Murphy, Boston Globe, page 102
- March 13, 1975, Boston's World of Street Music, Boston Globe Calendar (19th Issue) cover story by Christina Robb
- July 23, 1976, Street Are Alive With Music, Boston Herald American. by Leonard Prince, page 33
- December 12, 1976, Listen to Those City Sidewalks by Charles Dawe, Boston Phoenix, page 10
- August 13, 1978, All the Streets A Stage by Preston Grella, Boston Sunday Globe New England Magazine, covers story, page 9
- July 10, 1980, How to Become A Street Performer by Linda Matchan, Boston Globe Calendar, cover story
- July 27, 1983, Sidewalk Songs and Subway Symphonies by Arthur Kroeber, Boston Globe
- September, 26, 1984, A Little Night Music Please, Harvard Square Style by Paul Hirshson, Boston Globe, page 19
- June 14, 1991, Out of Tunes by Ric Kahn, Boston Phoenix, page 32
- July 18, 1991, Taking It to The Streets by Scott Alarik and Elijah Wald, Boston Globe Calendar
- January 31, 1998, Performer Recalls Battles to Take Show to the Streets by Craig Harris, Boston Globe
- August 18, 1998, Bards of the Boardwalk by Shirley Zilberstein, Boston Phoenix, page 6
Boston Street Singers Cooperative on the Passim stage in Cambridge in 1974
I formed the Boston Street Singers Cooperative with Paul Cole and Ruthanna in 1974, to join forces to fight the legal battles and also seek bookings at area clubs and colleges. Paul Cole was a one-man band and he often dressed up in a colonial costume and sang historic broadside ballads. It was Paul Cole, through his research, who first informed me about the street performances of Ben Franklin. Ruthanna was the "flower child" singer of Boston Common.
The Boston Phoenix writer, Charles Dawe came to me to write a story on street performing. I told him to go down to Winter Street and interview Ernie Sanders and his Great Pyrenees "Lady Bug." Ernie Sanders had inspired me to become a street performer. Charles Dawe took up this journalism challenge and wrote the best street performer profile I've ever seen written. The Boston Phoenix gave him five pages! It is a great read. Boston Phoenix, December 12, 1976, page 10. Click for a PDF version of the article (612K five pages) here
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August 13, 1978, All the Streets A Stage by Preston Grella, Boston Sunday Globe New England Magazine, overview after five years of being legal featured Brother Blue on the cover. Click for a PDF version of the article (918K five pages) here![]()
Bob Gay was on hot sax player who went on to perform on tour with many bands.
Here he is with unknown guitar player in Downtown Crossing.
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Boston Globe Letter to the Editor complaint of police abuse by witness to the arrest of street performers, Lorraine Saltre and John Bigelow in Copley Square.
Signs posted on City Hall Plaza and Dock Square prohibiting street performances without a permit. The city does not issue permits to perform in these locations essentially banning First Amendment activities in these historic public spaces. Artists were arrested in Copley Square in the 1981 and another artist was threatened with arrest on Newbury Street in October 2002. I was threatened in both June and July, 2004 on Boston Common, plus Sam Adams Park (Dock Square) in August. I sent letters in 1980, 1981, 1990, 1991, recruited an attorney to request changing the law in 1992, and had a meeting with a Boston City Councilor in November 2002 complaining of this old discriminatory and unconstitutional law should be abolished and replaced with an ordinance similar to the Cambridge Street Performance Ordinance. All these efforts failed. I actively sought a large law firm since November 2002 to challenge the City of Boston in Federal Court. I submitted an application with The Volunteer Lawyer for the Arts of Massachusetts (http://www.vlama.org) and Testa, Hurwitz, Thibeault, LLP, 125 High St., Boston, MA 02110-2704 (http://www.tht.com) T: 617-248-7000 Attorney John J. Cotter, Attorney Thomas A. Turano, Attorney Jason A. Duva, Attorney Karen A. Schouten accepted the case in the spring of 2004. Additional letters, phone calls and proposed new regulations ignored March-June 2004. Proposed Ordinance PDF file HERE
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Restricted area: essentially banned street performances in downtown Boston. It was still being passed out by the Police Department with applications when I applied for a license in January 2004. For a PDF version of Police Rule 75 please click here
View Boston Park Department rules here http://www.cityofboston.gov/parks/rules.asp Notice that these rules ban stepping on the grass, playing any games, riding bicycles, begging for alms. Also bans all First Amendment activities around the Boston Common Frog Pond. These rules are used to stop all nonmusical performances from receiving donations. Artists are not allowed to sell their cds or artwork. The rules give total discretion to the Park Rangers to stop performances.
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It is against the Park Rules to ride bicycles, but they have a vendor who rents bikes on Boston Common.
The bikes block nearly half the path on the Freedom Trail.
I was told by Park Ranger that people would trip over my hammered dulcimer and it blocked the path.
The park vendor kiosks and lemonade stand block most major intersections and take up 5-10 times more space.
The Park Department bans the sale of artwork and cds by individual artists.
The Boston Globe solicited subscribers with logo items, Commonwealth Shakespeare Company solicited donations, a chair company rented chairs and American Express Financial Advisors solicited clients at the Shakespeare on the Common performances.
I went to Sam Adams Park (Dock Square) to do a photo shoot for the Boston Phoenix article.
I was playing my hammered dulcimer by the Sam Adams statue and the police officer showed up in 10 minutes and stated "I was not allowed to perform." "He would ignore me briefly, but would require I leave immediately if anyone officially noted I was there." All this was caught on camera by the Phoenix photographer, Eric Levin 617-283-4468 http://www.elevin.net eric@elevin.net I did not stay around after the photos were taken to be threatened further.
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Click on pictures to see larger versions. Photo credits: © Eric Levin http://www.elevin.net eric@elevin.net
Federal Law Suit served to the City of Boston, Boston Police Department, Boston Parks Department on August 3, 2004
Media Alert Press Release August 2004 PDF please click HERE
Federal Law Suit Complaint served on August 3, 2004 (PDF file) Click HERE
Preliminary Injunction filed September 30, 2004 PDF versions:
- Memorandum HERE
- Exhibit A: Stephen Baird Declaration HERE
- Exhibit B: The Grand Incendiary - Sam Adams Biography by Paul Lewis HERE
- Exhibit C: Rosanna Lee Cohen Declaration HERE
- Exhibit D: The City - Rediscovering the Center by William H. Whyte HERE
- Exhibit E: Boston Phoenix article by Harvey Silverglate and Dan Poulson HERE
Boston Response to Preliminary Injunction filed October 14, 2004 PDF version (Includes exhibits of Boston Park Rules, New Police Rule 403, Letter rescinding Police rule 75 dated September 30, 2004) HERE
NOTE: The original Complaint filed on August 4, 2004 included a letter dated June 29, 2004, from the city stating they would rescind Police Rule 75 and stop enforcement practices against street performers. The Boston Response included a declaration rescinding Police Rule 75 on September 30, 2004 only after the city received the Preliminary Injection court documents and after I was threatened by a Park Ranger and Boston Municipal Police Officer in July and August. Essentially the City lied to me and the media, including the New England Law Journal, that the Police Rule 75 would be rescinded in June. I actually applied for and paid $10 permit fee on September 2, 2004, for a Police Rule 75 license the City said they had rescinded.Response to new Police Rule 403 and Moot Issues presented by the City filed December 2, 2004.
Preliminary Injunction Hearing Friday, December 17, 2004: NOTE: Hearing was Rescheduled to December 22, 2004
Preliminary Injunction Hearing Friday, December 17, 2004 at 2:30 PM: Community Arts Advocates, Inc. v. City of Boston et al Case Number: 1:04-cv-11618: Motion Hearing set for 12/17/2004 02:30 PM in Courtroom 2, United States District Court, District of Massachusetts, John Joseph Moakley U. S. Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210 Telephone: (617) 748-9152 before Federal Judge Nancy Gertner. Court Web site: http://www.mad.uscourts.gov/default2.html Directions: http://www.mad.uscourts.gov/General/Directbos.htm
December 22, 2004 Federal Court Hearing Transcript Text File Here
On December 23, 2004 in Federal Court before Judge Nancy Gertner the City of Boston repealed Police Rule 75, Police Rule 403, Boston Ordinance 16-12.24 and parts of the Boston Park Rules were determined unconstitutional.
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Click on pictures to see larger versions. Photo credits: Stephen Baird
United States District Court, District of Massachusetts, John Joseph Moakley U. S. Courthouse as seen from the conference room of Testa, Hurwitz, Thibeault, LLP, 125 High St., Boston, MA. Attorney Karen A. Schouten, Attorney John J. Cotter and Attorney Jason A. Duva in front of the United States District Court on December 22, 2004. We were instructed to appear in court again the next day on December 23, 2004 at 2 p.m. if a consent decree was not agreed to and submitted by 12 noon.
Dear Street Artists and Supporters:
Today in Federal Court before Judge Nancy Gertner the City of Boston repealed Police Rule 75, Police Rule 403, Boston Ordinance 16-12.24 and parts of the Boston Park Rules were determined unconstitutional. No performer should be stopped for performing and receiving donations or selling their own cds in the city. No visual artists should be stopped from exhibiting their art work and receiving funds for their art work.
The text from the Federal Court:
Case Name: Community Arts Advocates, Inc. v. City of Boston et al
Case Number: 1:04-cv-11618
Date: December 23, 2004
https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?93436
Judge Nancy Gertner : ELECTRONIC ORDER entered denying [13] Motion for Preliminary Injunction at this time. Preliminary Injunction is denied at this time because of representations made by counsel for the defendant to wit that the following ordinances and/or rules will be repealed and that pending repeal, they will not be enforced by the defendant: 1) Rule 16-12.24 (Boston Municipal Ordinance), Boston Police Rule 75, Boston Police Rule 403, 2) that section 1(b) of the Rules of the Boston Parks and Recreation Commission prohibiting begging or canvassing for alms is unconstitutional and will not be enforced, and that section 6 of the Rules of the Boston Parks and Recreation Commission does not apply to the activities of the plaintiffs herein.
Printable version PDF HERE
Printable version JPG HERE
December 23, 2004 Federal Court Hearing Transcript Text File Here
There was a story in the Boston Herald, Thursday, December 23, 2004 on page 2.
http://news.bostonherald.com/localRegional/view.bg?articleid=60211 Sidewalk shows must go on: Hub gives street performers a pass - for now. By J.M. Lawrence. Thursday, December 23, 2004
Another story ran in the Boston Globe on December 24th on page B1
http://www.boston.com/news/local/articles/2004/12/24/in_court_city_makes_promise_to_let_its_sidewalks_be_stages/ In court, city makes promise to let its sidewalks be stages ( Boston Globe, by Shelley Murphy, 2004/12/24 ) Strike up the band, pull out the magic tricks, and practice that mime routine: The shows will go on on the streets of Boston.
The battle is not over. Enforcement practices need to be carefully monitored. New regulations need to be adopted that fully protect artists. Additional hearings are scheduled at the end of January. If anyone has problems with police or park rangers please contact me immediately:
I want to publicly thank Testa, Hurwitz, Thibeault, LLP T: 617-248-7000 Attorney John J. Cotter, Attorney Thomas A. Turano, Attorney Jason Duva, Attorney Karen A. Schouten and their staff for the countless hours they have contributed to this cause.
I also welcome the new law firm who have agreed to do the ongoing work on the case:
Perkins, Smith and Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106 T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.; Attorney Stephen Chow; Attorney Christine M. Griffin
My best,
Stephen H. Baird
Letter from Mayor Thomas M. Menino to Boston City Council dated December 27, 2004, requesting the body to repeal the Ordinance 16-12.24 enacted in 1850 because: (Note: This was not done until March 30, 2005, by the City Council and finally signed by the Mayor on April 4, 2005)
"It has become apparent in recent months that the existing law regulating performances by itinerant musicians is antiquated and has not kept abreast with the evolution of the law regarding pubic artistic expression."![]()
Click image for larger 300 resolution copy for printing
Response to Motion to Dismiss on Moot Issues presented by the City filed March 18, 2005: CAA filed Motion to continue case and go to trial, because ordinance has not been repealed, Park Rules have not been repealed or revised and other Ordinances used to stop performances have not been repealed or revised.
- Reply Memorandum PDF HERE
- Exhibit A: Stephen Baird Declaration PDF HERE
- Appendix A: Homier Distribution Company vs City of New Bedford, 2002 US Dist Lexus 13082
Spring 2005 Enforcement practices continue to stop performances in City of Boston
- I was stopped from performing at Sam Adams Park aka Dock Square on March 30th
- Jason Gardner was stopped from performing at Sam Adams Park aka Dock Square on April 2nd
- Jason Gardner was stopped from using amplification at Boston Common on April 2nd
- Gazzo the Magician was stopped from performing at Sam Adams Park aka Dock Square on April 3rd
- Daniel Denney who was with Gazzo was also stopped from performing at Sam Adams Park aka Dock Square on April 3rd
Additional Affidavits and Surreply were filed with the Federal Court for Hearing in June 2005
- Gazzo the Magician Affidavit PDF HERE
- Daniel Denney Affidavit PDF HERE
- James Gardner Affidavit PDF HERE
- Stephen Baird Affidavit PDF HERE
- Complaint Surreply PDF HERE
Additional Affidavits in the Summer 2005 for next status hearing on September 15, 2005
- Darrell Keighley Affidavit PDF HERE
- Lisa Housman Affidavit
- Jeff Kesses Affidavit PDF HERE
- Jeff Kesses 2nd Affidavit PDF HERE
- Jason Gardner Affidavit PDF HERE
- John Griffiths Affidavit PDF HERE
- Bobby Bishop Affidavit PDF HERE
- Leonard Gendron Affidavit PDF HERE
Complete Brief with Exhibits and Affidavits for Federal Court Hearing on September 15, 2005 HERE
- Federal Court instructed us to obtain the names of Park Rangers and Police Officers who stop performances and art exhibits to pursue court case based on illegal enforcement practices. The form below can be used to document the incidents. Click on GIF image for larger version for printing. PDF version click HERE
Amended Complaint filed on October 6, 2005. PDF version click HERE
- Darrell Keighley stopped from performing in Downtown Crossing on September 1, 2005. No sound measurements were taken.
- Cyrus Brooks and other dancers stopped from performing in Downtown Crossing on September 1, 2005. No sound measurements were taken. Told he needed permit from Downtown Crossing Mechant Association.
- Jermaine Carter, a bucket drummer stopped from performing in Downtown Crossing on September 1, 2005 plus numerous other times around the city. No sound measurements were taken.
- Emerson College Student doing clown and balloon sculptures was stopped from performing in Boston Common in September 2005
- George Markee blues guitarist was stopped from performing on public sidewalks by Bank North Garden on October 8, 2005
- Larry Bell doing clown and balloon sculptures was stopped from performing by Bank North Garden on October 8, 2005
- Darrell Keighley stopped from performing in Downtown Crossing on October 21, 2005. No sound measurements were taken.
- Jermaine Carter, a bucket drummer stopped from performing in Downtown Crossing on October 21, 2005 plus numerous other times around the city. No sound measurements were taken.
- Visual artists were stopped from displaying art and creating portraits for fees in Downtown Crossing on December 3 and 10, 2005.
- Boston Park rules declared unconstitutional (Section 1b) by the City Attorneys at the Federal Court Preliminary Injunction hearing in Decmeber 2004 remain unrevised and are still published on the official web site in January 2006 more than a year later. Anti begging and solicitations statues have been unconstitutional in Massachusetts for nearly a decade since the ruling in Benefit v. City of Cambridge, 679 N.E. 2d 184 (Mass 1997).
- Boston Municipal Ordinance Section 16-19.1 challenged in the original complaint is still on the books and states: No person shall in or upon the Common, Public Garden or other public grounds of the city: walk, stand or sit upon the grass. Old laws like this are open invitations for police abuse and used as shields by city legal departments for bad police behavior.
Federal Court instructed us to obtain the names of Park Rangers and Police Officers who stop performances and art exhibits to pursue court case based on illegal enforcement practices. The form below can be used to document the incidents. Click on GIF image for larger version for printing. PDF version click HERE
Click on image for larger version for printing.
Legal Representative:
Perkins, Smith and Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106
(Became Burns and Levinson, LLP in 2006)
T: 617-854-4000 F: 617-854-4040
Attorney Jerry Cohen, P.C.; Attorney Stephen Chow; Attorney Barbara Green Whitbeck
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View of Boston Common from law offices of Perkins, Smith and Cohen (Became Burns and Levinson, LLP in 2006); Attorney Jerry Cohen, P.C.; Attorney Christine Griffin who now works at Wolf, Block, Schorr and Solis-Cohen, LLP
This court case was filed to resolve a thirty year battle to have the city laws and enforcement practices honor the First Amendment Rights of artists and the First Amendment Rights of Boston citizens to assemble and support community artists in public spaces. Please review these web pages on this site to obtain additional background on the issues.
- Legal Court Citations article by Stephen Baird
- Avenues of Self Expression article by Stephen Baird
- Sidewalk Democracy: Municipalities and the Regulation of Public Space by Anastasia Loukaitou-Sideris, Evelyn Blumenberg, Renia Ehrenfeucht, UCLA Department of Urban Planning
- Rediscovering the Center City (Doubleday 1988) by William H. Whyte The 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.
- 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
- Historical References:
- Ben Franklin on the Streets of Boston in 1718 -- "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." -- Ben Franklin
- Rope Walking from Church Steeple in 1757
- Patrick Henry and Sam Adams on the Revolutionary Streets
- Boston Street Music 1869
- Hurdy-gurdy man Marino Persechini in Boston 1899-1974
- Boston Legal Battle 1972-2004 Overview with articles and photographs
Below is an issue summary outline:
- Police Rule 75, Boston City Ordinances, Boston Park Rules date back to the 1850s and many have not been updated since the 1950s. View Boston Park Department rules here http://www.cityofboston.gov/parks/rules.asp and a PDF version of Police Rule 75 please click here They include concepts, language and attitudes that are blatantly out dated including (See the Complaint document for larger list):
- Every female street singer has to be accompanied by a male street singer (Police Rule 75)
- No standing on the grass and and no playing of games in the parks (Boston Park Rules and Boston City Ordinances)
- Map banning performances in almost all of downtown Boston See Map here (Police Rule 75)
- Begging, panhandling and solicitation bans in Police Rule 75, Boston City Ordinances, Boston Park Rules that ignore over 50 years of court cases. Park Rangers enforce a ban on donations for all nonmusical performers, plus ban recordings and visual art work sales by artists. Even the brand new Police Rule 403 includes a solicitation ban (See the city's response exhibits HERE ).
- "Last term in Bigelow v Virginia, 42l US 809 (l974) the notion of unprotected 'commercial speech' all but passed from the scene." Virginia State Board of Pharmacy v Virginia Citizens Consumer Council 425 US 748, 759 (l975). "Soliciting financial support is undoubtedly subject to reasonable regulation but the latter must be undertaken with due regard for the reality that solicitation is characteristically intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic, political or social issues, and for the reality that without solicitation the flow of such information and advocacy would likely cease." Schaumburg v Citizens for Better Environment 444 U.S. 620 (1979). Specifically, the US District Court of Massachusetts has stated: "The fact that plaintiff troubadour accepted contributions of passersby during his public performances would not dilute his protection under the First Amendment." Goldstein v Town of Nantucket 477 F. Supp. 606, 609 (l979)
- "....the City demonstrate an unduly restricted view of the First Amendment and of visual art itself. Such myopic vision not only overlooks case law central to First Amendment jurisprudence but fundamentally misperceives the essence of visual communication and artistic expression. Visual art is as wide ranging in its depiction of ideas, concepts and emotions as any book, treatise, pamphlet or other writing, and is similarly entitled to full First Amendment protection. Bery v. New York, 97 F. 3d 684 (2d Cir. 1996) "The City's licensing requirement was intended to catch within its net merchants engaged solely in commerce of ready-made goods that clog the sidewalks and compete unfairly with legitimate stores. Applied over broadly, as Defendants would do, the Ordinance essentially would impose a chilling effect on genuine artists whose true calling is art and not commerce, and whose manifest purpose may be to create expression rather than markets, even if at times some of their work may skirt the line between expressiveness and merchandise. Such an extension of the licensing regime [*293] would force artists to confront an undue dilemma: either to quell their creativity or to risk arrest if they believe their work is sufficiently expressive to fall within the protection of the First Amendment. [HN22] Freedom of expression is designed precisely to bar the government from compelling individuals into that speech-inhibiting choice. See Reno v. American Civil Liberties Union, 521 U.S. 844, 871-72 (1997)." 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)
- Private and corporate control of public spaces. Fanueil Hall Marketplace has exclusive control to schedule street performance in Sam Adams Park (Dock Square). Downtown Crossing Merchant Association has exclusive control of Downtown Crossing (Summer and Washington Streets) and Filenes Park (Franklin and Washington Streets). Newbury Street Merchant Association controlled all of Newbury Street. The Park Department has banned all first Amendment activity from the Frog Pond area of Boston Common, but allows Disney and other Corporate sponsors to broadcast television programs from the Frog Pond area.
- "The requirement of merchants' approval is irreconcilable with freedom of expression. It is unqualified censorship and it is just what the First Amendment forbids." Goldstein V. Nantucket 477 F. Supp. 606, 609 (1979).
- Supreme Court Justice Marshall said in his dissenting opinion in Lloyd Corp. v. Tanner: "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."
- Over broad and vaguely defined regulations that give arbitrary and unfettered discretionary power to Park Rangers and Boston Police Officers to stop and repress street artists First Amendment Rights.
- Rules of the Boston Parks and Recreation Commission SECTION 7. No person in any public park (including boundary road thereof) or other public place (including any parkway) under the control of the Parks and Recreation Commission shall fail to comply with any reasonable direction given by any police officer or by any Parks and Recreation Department employee or contained in any notice posted by the Parks and Recreation Department.
- The new Police Rule 403 and the old Police Rule 75 only covers musical performances. All other artists are under the regulatory "whim of the individual police officer." There are no guidelines and nonmusical applicants are told they can perform, but must obey the instructions of any police officer including stopping their First Amendment expressive activities.
- Enforcement practices designed to curtail, repress and discourage First Amendment Expression.
- Ruthanna, Myself and many other artists arrested or threatened with arrest for performing on Boston Common and receiving donations 1970-1973 Details HERE
- Letters and threat of law suit stop the arrest of musical performers on Boston Common 1973. Details HERE
- Artists threatened with arrest for performing at Faneuil Hall Marketplace, Downtown Crossing, Newbury Street, Sam Adams Park (Dock Square) 1976-2004
- John Bigelow and Lorraine Saltre arrested on Boylston Street in July 1981 Details HERE
- I was threaten with arrest in Sam Adams Park (Dock Square) while doing an interview for a documentary film on street performances. April 1998.
- Numerous letters sent to and meetings with the Boston Law Department, Boston Real Properties Department, Boston Parks Department, Boston Police Department, Downtown Crossing Merchant Association to stop harassment of street artists. 1976-2004
- Receive call from Rosanna Lee about threat of arrest and harassment on Newbury Street. August 2002 Details HERE
- Meeting with City Councilor John Tobin to protest treatment of artists and submit proposed new ordinance. No action taken. November 2002
- African-American flute player arrested on Boston Common. Fall 2003
- Call Boston Parks Department to learn current permit requirements for street performances. Speak to Paul McCaffrey. Says no sales or donations are allowed. No permits are issued and the Park Department discourages street performances. Rangers may let you play if not amplified or not a nuisance February 11, 2004.
- Actively sought a large law firm starting in November 2002 to challenge the City of Boston in Federal Court. I submitted an application with The Volunteer Lawyer for the Arts of Massachusetts (http://www.vlama.org) and Testa, Hurwitz, Thibeault, LLP, 125 High St., Boston, MA 02110-2704 (http://www.tht.com) T: 617-248-7000 Attorney John J. Cotter, Attorney Thomas A. Turano, Attorney Jason A. Duva, Attorney Karen A. Schouten accepted the case in the spring of 2004.
- Numerous letters and telephone calls are made to city officials to negotiate rescinding the old rules and replace with a new ordinance. City is slow to respond and we prepare to file the law suit. April-mid June 2004. Proposed Ordinance PDF file HERE
- Threatened by Park Ranger 217 in Boston Common. Asked for permit that does not exist and is not required. June 19, 2004 Details HERE
- Two street artists amplified performances stopped by Park Ranger on Boston Common in June or July.
- City sends letter from Mary Jo Harris, Boston Police Department Legal Advisor on the day we are prepared to file the law suit. The letter states Police Rule 75 will be rescinded and all city departments are not to enforce rules against street artists. June 29, 2004 Letter HERE
- Threatened with arrest by the same Park Ranger 217 on Boston Common. Again asked for permit that is not issued. July 18, 2004. Details HERE
- Federal Law Suit Complaint served on August 3, 2004 Details HERE
- Threatened with arrest by Boston Municipal Police Officer while doing a photo shoot for the Boston Phoenix article by Harvey. Silverglate and Dan Poulson. August 27, 2004 See pictures HERE
- Preliminary Injunction filed September 30, 2004 Details HERE
- Boston Response to Preliminary Injunction filed October 14, 2004 The Boston Response included a declaration rescinding Police Rule 75 on September 30, 2004 only after the city received the Preliminary Injection court documents and after I was threatened by a Park Ranger and Boston Municipal Police Officer in July and August. Details HERE
- Preliminary Injunction Federal Court Hearing Friday, December 22, 2004 Details HERE December 22, 2004 Federal Court Hearing Transcript Text File Here
- City Repeals Police Rules and Regulations determined Unconstitutional in Federal Court on December 23, 2004. See Federal Judge Nancy Gertner's order HERE December 23, 2004 Federal Court Hearing Transcript Text File Here
- Mayor Thomas M. Menino letter to Boston City Council requesting Ordinance repeal December 27, 2004. Details HERE
- New law firm agreed to do the ongoing work on the case in February, 2005: Perkins, Smith and Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106 T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.; Attorney Christine M. Griffin, Attorney Barbara Whitbeck
- City filed motion to dismiss case because they had rescinded one ordinance and Police Rules 75 and 403. Filed on March 4, 2005
- CAA filed Motion to continue case and go to trial, because ordinance has not been repealed, Park Rules have not been repealed or revised and other Ordinances used to stop performances have not been repealed or revised. Filed on March 18, 2005
- Boston City Council repealed Ordinance on March 30, 2005 and signed by the Mayor on April 4th.
- Series of new enforcement curtailment and suppression of street artists on March 30th, April 2nd, April 3rd
- New affidavits and motions filed with the Federal Court on March 31, 2005 and April 25, 2005
- New affidavits and motions filed with the Federal Court on September 13, 2005 for Hearing on September 15th HERE
- Street Artists continued to stopped from performing and asked for permit that does not exist and is not required. September and October 2005
- Amended Complaint filed on October 6, 2005 Perkins, Smith and Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106 T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.; Attorney Barbara Whitbeck Series of new enforcement curtailment and suppression of street artists in September and October 2005. Details HERE
- Response from City of Boston to dismiss case filed on October 27, 2005
- Surreply filed on November 8, 2005. Perkins, Smith and Cohen, One Beacon Street, 30th Floor, Boston, MA 02108-3106 T: 617-854-4000 F: 617-854-4040 Attorney Jerry Cohen, P.C.; Attorney Barbara Whitbeck; Attorney Stephen Chow
- Visual artists were stopped from displaying art and creating portraits for fees in Downtown Crossing on December 3 and 10, 2005.
- Boston Park rules declared unconstitutional (Section 1 b)remain unrevised and are still published on the official web site from over a year later in January 2006. Anti begging and solicitations statues have been unconstitutional in Massachusetts for nearly a decade since the ruling in Benefit v. City of Cambridge, 679 N.E. 2d 184 (Mass 1997).
- Boston Municipal Ordinance Section 16-19.1 challenged in the original complaint is still on the books and states: No person shall in or upon the Common, Public Garden or other public grounds of the city: walk, stand or sit upon the grass. Old laws like this are open invitations for police abuse and used as shields by city legal departments for bad police behavior.
- April 2006 -- Theee break dancers were arrested for performing in Downtown Crossing with out a permit that does not exists and put on probation by Judge Thomas Hogan for violating law that does not exists. Lots of police misconduct for violating directive form police headquaters, district attorney for not informing the judge that the old laws were recinded in December 2004, a temporary defense attorney who did not even bother talking to the three dancers before accepting a plea sentence of probation and the judge for refusing to even look at the documents proving the old law was recinded.
- June 2006 -- Three Berklee jazz students were ticketed and stopped from performing on Newbury Street.
- November 2007 -- Milan Kohout. Performance Artists from Mobius, protest was stopped in front of Bank of America and artist materials confiscated. Received summons for trial in January and case eventually dismissed March 2008.
- The battle never ends!
Boston Globe July 24, 2004, article by Shelley Murphy:
Boston Phoenix September 3, 2004, article "Killjoy was here" - Boston has long relied on onerous regulations to kick street performance to the curb. Now itinerant artists are fighting back in the courts. BY HARVEY A. SILVERGLATE AND DAN POULSON
"Given the legal and cultural importance of public artistic expression, as well as the applicable judicial precedents, it is not difficult to predict that unless Boston cleans up its act voluntarily - and quickly - the city will undoubtedly lose this lawsuit."http://www.bostonphoenix.com/boston/news_features/top/features/documents/04097841.asp
Cambridge Chronicle story August 12, 2004, By Amanda McGregor
http://www2.townonline.com/cambridge/localRegional/view.bg?articleid=66429
Associated Press AP picked up story in late July and was published around the country in various publications including the Metro West Daily News and in Burlington, Vermont, cities in Florida.
http://www.metrowestdailynews.com/localRegional/view.bg?articleid=73977
Boston Globe September 9, 2004 "Musicians, T singing two-part harmony" by Jason Nielsen. Article on subway performers with update on the Boston legal case.
http://www.boston.com/news/local/articles/2004/09/05/musicians_t_singing_two_part_harmony/
Boston Herald, Thursday, December 23, 2004 "Sidewalk shows must go on: Hub gives street performers a pass - for now." by J.M. Lawrence.
http://news.bostonherald.com/localRegional/view.bg?articleid=60211
Boston Globe, December 24, 2004 "In court, city makes promise to let its sidewalks be stages." by Shelley Murphy, -- Strike up the band, pull out the magic tricks, and practice that mime routine: The shows will go on on the streets of Boston.
WB 56 News, Fox 25 News, and New England Cable News all covered the story on December 24, 2004.
Boston Metro Newspaper, December 27, 2004 "Judge rules for performers: Federal judge nixes rules prohibiting street performances" by Christina Wallace
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Click image for larger readable version
Boston Phoenix, January 7 - 13, 2005: FREEDOM WATCH Street musicians, one; Boston Police, zero BY HARVEY A. SILVERGLATE AND DAN POULSON VICTORY SONG: Community Arts Advocates founder Stephen H. Baird prevailed in his suit to overturn city restrictions on street performers. But he worries that beat cops might not get the message. http://www.bostonphoenix.com/boston/news_features/this_just_in/documents/04383305.asp
The National Law Journal, January 10, 2005, "Let the band play on, in public -- Judge overturns 1878 ban on street performers." By Lindsay Fortado http://www.law.com/
Daily Free Press, Monday, March 21, 2005, "Right to perform pursued -- Bill to remove permit requirements pushed" by Camille Rustici. http://www.dailyfreepress.com/media/paper87/news/2005/03/21/News/Right.To.Perform.Pursued-898430.shtml
Boston Globe Sunday Magazine, May 15, 2005, cover story "Let the Music Play," by James Sullivan with photos by Laurie Swope. Profiles of street and subway performers with references to Federal Court case: http://www.boston.com/news/globe/magazine/articles/2005/05/15/let_the_music_play/
Boston Phoenix Eighth Annual Muzzle Awards Issue Date: July 1-7, 2005 by Dan Kennedy http://72.166.46.24/boston/news_features/top/features/documents/04793546.asp
Click on image to see larger jpeg version.
Click for printable PDF version of Petition HERE
Street Arts and Buskers Advocates
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