August 10,
2006
Buskers win battle to perform in Santa Fe with support of New
Mexico ACLU
Summary:
- Received email from Michael
Combs November 2005 about ongoing issue
of the stopping of street performances in Santa Fe over the
collection of donations. I sent letter outlining issues and
list of legal help.
- Sante Fe Buskers Alliance held naugural meeting on Dec. 13,
2005
- Janauary 2006, Santa Fe Buskers' Alliance is getting
encouraging assistance from American Civil Liberties Union.
Some of their Lawyer-members are planning to attend our next
monthly meeting. Our objective is to secure lasting protection
from decades-long illegal harrasment of street performers by
Santa Fe Police.
- Press coverage in February 2006
- February - July, 2006, Draft of Letters and Proposal
revised
- Petiton Sent to Santa Fe City Council in July 2006
- New Mexican. The Albuquerque Journal (Journal Santa Fe)
http://www.freenewmexican.com/news/47569.html
- Stephen W. Terrell's Web Log http://steveterrell.blogspot.com/2006/08/busk-move.html
- August 10, 2006 Santa Fe City Council lifts ban on
solicitation under pressure of law suit by New Mexico ACLU and
buskers
SANTA FE BUSKERS
ALLIANCE
Petition to Santa Fe City
Council
"How quiet the streets are. Are there no
itinerant bands, no wind or stringed instruments? No, not one. By
day there are no Punches, Fantoccini, dancing dogs, jugglers,
conjurers, orchestras, or even barrel-organs? No, not one."
--- Charles Dickens, visiting
America in1841.
Buskers: Those who perform in public
places for tips, such as mimes, musicians, puppeteers, jugglers,
clowns, etc.
HISTORY
In 1833, The Santa Fe City Council met to
regulate and license buskers. In Santa Fe as in other parts of the
Spanish Empire and Mexican Republic, public performances were
common. The Territorial Period also saw organ grinders, dancing
bears & monkeys, acrobats and musicians, both local and
traveling through. The 20th Century has seen less busking in Santa
Fe, though it has persisted in other parts of the former Spanish
Empire and its Borderlands.
In the last 35 years, law enforcement and
downtown merchants have resisted a resurgence of busking in Santa
Fe. In 1985, Michael Combs petitioned City Council, requesting
permission to perform without harassment on Santa Feís
sidewalks, to no avail.
CURRENT SITUATION
The Santa Fe Buskers Alliance was formed
in 2005 to secure and protect the rights of buskers. Research
shows that in dozens of American Cities, Courts have upheld street
performing as a protected First Amendment right. The New Mexico
Chapter of the American Civil Liberties Union has agreed to work
with SFBA. We wrote a letter to then-City Attorney Anne Lovely in
February 2006 (see attached letter). Because of the recent City
elections, we have waited until now to present our petition, in
spite of continued harassment by local law enforcement.
CITIES WHERE BUSKING THRIVES
- Portland, Or.
- St. Augustine, Fla.
- Mexico City
- Paris
- Singapore
- New Orleans
- Guadalajara
- Prague
- London
- New York City
- San Francisco
- Boston
- Nairobi
- Seattle
- Dublin
- Madrid
- Venice, Ca. (& Italy)
- Boulder
- Austin
- Rome
- Hong Kong
- Quebec
- Vancouver
- Toronto
- Minneapolis
- Memphis
- Chicago
- Berlin
- Washington, D.C.
- Baltimore
- Honolulu
- Sydney
COUNTRIES & CITIES WHERE BUSKING IS /
WAS ILLEGAL
- Haiti under Duvalier
- Pyongyang, N. Korea
- Havana, Cuba
- Kabul under Taliban rule
- Minsk, Belarus
- Tehran
- Beijing under Mao
- Moscow, Prague, Budapest during
Communist rule
AMERICAN CITIES WHERE COURTS HAVE RULED
TO PROTECT BUSKING
- Boston
- Honolulu
- Washington
- Atlanta
- Portland
- Chicago
- Seattle
- St. Augustine
Over the past twenty years, American
Courts have ruled in dozens of cases that Cities can regulate, and
license busking, but they cannot prohibit it. Performance and the
receiving of tips is a form of speech protected under our State
and Federal Constitutions as well as under the United Nations
Declaration of Universal Human Rights. In some legal cases where
the city has chosen to fight, awards and legal costs have mounted
over $100,000.00.
WHY BUSKING IS GOOD FOR SANTA
FE
1. Santa Fe prides itself and markets
itself on its orientation to the arts and culture. Busking is
another wonderful artistic, cultural outlet and phenomenon that is
an integral part of many great cities.
2. Busking will enliven the streets of
downtown Santa Fe and help draw locals and tourists alike to the
downtown area. This builds community.
3. Local musicians benefit from an
additional source of income, and Santa Fe benefits in turn by
having a better music scene.
PROVISIONAL BUSKERS REGULATIONS
1. Persons wishing to busk in Santa Fe
must have in their possession a license from the City of Santa Fe,
which shall cost $25.00 for one year. At the time of receiving a
license, performers shall show I.D. and agree to abide by these
Regulations and the Buskers Code of Conduct. The license must be
displayed when performing. At least one person among a group of
buskers must have a license when performing.
2. The Portal of the Palace of the
Governors will be off limits to busking when vendors are present,
and busking will be off limits withiní 100 ft of the
Cathedral of St. Francis.
3. Buskers may perform at any public
location in Santa. Fe provided they do not block the entrance to
any residence or business during the hours that business is open,
and that the sidewalks are passable. Buskers must stay at least
150 ft from another busker.
4. Buskers are to remain no longer than 2
hours at any one location and may not return to that location for
another 2 hours.
5. Buskers shall respect all City Noise
Ordnances. In addition, busking hours are to be no earlier that 8
a.m., no later than 11pm Sunday through Thursday, and no later
than 1 a.m. on Friday and Saturday nights.
6. Buskers agree to and sign the Buskers
Code of Conduct.
PROVISIONAL BUSKERS CODE OF
CONDUCT
1. Understand that your behavior reflects
on all buskers. Bad behavior on one personís part can give
us all a bad reputation. Dress well. Behave well. No aggressive
tip soliciting.
2. If all good locations are occupied,
buskers are to yield up a location to another busker wishing to
perform there one hour after being informed of the new
buskerís desire to use that location.
3. If you have a large group or draw a
large crowd, find a location where you are not blocking the
sidewalk or otherwise causing problems.
4. If you play a particularly loud
instrument (banjo or accordion for example) understand your sonic
footprint is pretty large and you should perhaps allow more than
the requisite 150 ft between you and another busker
Check out the
Albuquerque Journal North, Monday, Feb. 6, 2006. We're on front
page. Thanks, Polly& Katherine & Ben; great work. Que Vive
la revolucion! Que Vive la Gente! Arriba el Pueblo!
...........mc
Street Musicians Have Formed
Buskers Alliance to Get Law Changed: In a town touted as the City
Different, street musicians might seem like a natural. But Santa
Fe has an anti-solicitation ordinance that "buskers" maintain is
used to keep them from plying their trade on downtown sidewalks.
(Monday, February 6, 2006)
http://www.albuquerquejournal.com/north/default_north.htm?mdr
ALBUQUERQUE JOURNAL, 7777 Jefferson
Street NE, Albuquerque, N.M., 87109-4360 (505) 823-3800 Northern
Bureau, 328 Galisteo, Santa Fe, N.M., 87501 (505)
988-8881
Newsletter # 1 January 2006
The Buskers Alliance had our inaugural meeting Dec. 13, 2005 in
Sta. Fe at a memberís home, with four 2-legged buskers in
attendance. We reviewed the current situation, to wit:
that street performers in Santa Fe are currently and
have been for at least 20 years subject to illegal,
intermittent harassment while trying to lawfully and peaceably
ply their trade, and are thereby suffering financial hardship,
social alienation, unemployment with all its attendant evils;
their families are suffering diminished support, and anxiety
and ruin stare them in the face.
Inspired by the examples of many courageous buskers around our
nation, across the globe, and across the ages, we have determined
that our cause is just and that the Constitution of our country
does, in fact, guarantee us the right to play our music on these
streets of our home city, and weíve seen that the courts do
invariable uphold that right whenever implored to do so.
Confident, then, and determined to support each other, we
delegated two of our members to draft a set of Guidelines for
Performers that will be presented to the membership at the next
monthly meeting for approval and modification. The source
materials we will use for this are our own experiences busking on
the streets of Sta. Fe and many other cities, copies of street
performers regulations we have from Pike's Market, and various
other cities, and sample regs offered at a website for buskers
support.
We have set up an E-mail address: santafebuskers@yahoo.com
Our next meeting will be January 17.@ 7pm. Call 438-6636 for
mtg. info. We may go busk on San Francisco St. the day before,
sort of a group demonstration. If the heat makes a showing, we
intend to peacefully withdraw K& desist.
One of our members is also a dues-paying, card-carrying member
of that nest of vipers, the A.C.L.U. We hope that we will get our
guidelines approved by the downtown merchants, the city attorney,
the chief of police, and the city council WITHOUT any resort to
the courts.
If you or a friend wish to receive this newsletter, please
e-mail us. If you can make a donation to help printing, stamps,
please jej-mail us & weíll set it up. If you have any
ideas, energy to contribute, contacts, goodwill, send it to
us.
Jerry Faires composed a beautiful poem about street musicians;
it is attatched.
Michael Combs will perform @ Upper Crust Pizza, Friday the
13th, 6-9pm.
MUSIC PLAYED for
FREE
London, Paris, Buenos Aires, New Orleans or Rome
San Juan, San Francisco, Sao Paolo, Carcason
Nairobi, Copenhagen, Vancouver, Old Hong Kong,
All hear the gift of music from the buskerís tune and
song
In parks on corners on subways, on concrete or polished
floors
The music flows on freely from the sidewalk troubadors
In every village, country, continent, like a vast great
tapestry
The tradition lives in the gift it gives: Music played for
free.
Some pass straight by and scarcely hear, donít think it
worth the mention
Others stand a great long time in silent rapt attention
Some join in, some shake their heads, most hesitate awhile
Then take away to their busy day a tiny, tuneful smile
And in the basket, tin, or instrument case drop the currency of
the nation
To give back to the givers some small token of their
appreciation
Itís part of human nature, the culture of the song
Itís the drum within the breast, the heartbeat deep and
strong
So we build the mighty concert halls and gladly bear the
cost
To support great musicians so great music wonít be
lost
But there never was a symphony whose music was more
sweetjerr
Than the music given freely by the player on the street
And as important as the Opera House, the libretto and the
scores
Is the music played straight from the heart of the sidewalk
troubadors.
Jerry Faires
Santa. Fe, New Mexico, U.S.A.
Copyright, used by permission, mailto:jerry@jerryfaires.com
http:/jerryfaires.com
Santa Fe Street Musicians;
MLK Direct Action & Invitation to January's
Meeting
Greetings:
Santa Fe Buskers' Alliance is getting encouraging assistance
from American Civil Liberties Union. Some of their Lawyer-members
are planning to attend our next monthly meeting. Our objective is
to secure lasting protection from decades-long illegal harrasment
of street performers by Santa Fe Police.
January's newsletter will come out in a week, after our monthly
meeting and direct action.If you did not receive December's or
jerry Faires' fantastic ballad of Street Musicians ( just waiting
for someone to add the music) then ask & we'll send it.
Direct action planned in observance of Martin Luther King Day:
Monday, January 16, 2:30p.m. meet at corner Burro Alley & San
Francisco St, play music up SFO St. to Pla za corner, back down to
Burro, 1 hour. Meet at 2:00p.m. at unemployment office on De
Vargas St. to leave vehicles & load instruments. This will be
non-confrontational; if police show up, we will dialog in a
friendly manner. We may not busk, i.e. open cases for tips, but
rather just make a showing. info> 438-6636
January meeting info: Tue, 1/17, 7:00 p.m.; @ michael combs'
house, 2816 (left) La Junta, 1 bl. south or west from Camino
Carlos Rey & Siringo, 438-6636. All are welcome. We will hear
from ACLU lawyers & also hear progress on draft of proposed
street performers' guidelines; input welcome.
For Media info: M. combs @ 438-6636
Note new e-mail adress: santafebuskers@yahoo.com
Que Vive La Revolucion! Power to the People!
Santa Fe Buskers' Alliance.
I received this email letter
from Michael Combs in November 2005. The Santa Fe Buskers Alliance
was formed in December and started monthly meetings and newsletter
(copy below) Contact: Email santafebuskers@yahoo.com Telephone:
438-6636
I am a street performer who is inspired by your example and am
preparing to legally challenge the City of Santa Fe for it's
prolonged illegal harrassment of street performers. I've
performered here off & on since 1985, have worked as a street
performer in many No. American cities, and now my son is also
busking, and being harrassed. I would appreciate any advice,
links. Am intending to form a guild first, have a a member of ACLU
as charter member (he's a novice musician, not a busker,) nd will
proceed and keep you posted as events develop. Much inspired and
encouraged by yousens example. I do well when allowed to work, but
the door to my abundance has been slammed shut in my face, and my
work is criminalized. All the high-sounding proclamations and
documents and school textbooks aint worth the paper they was
printed on if they don't translate into justice at the level of
the street. I'll send you a few $$$ when I'm able, to support your
website. Thanx, Michael Combs
My response:
