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 PO Box 300112, Jamaica Plain, MA 02130-0030 info@BuskersAdvocates.org www.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 2000-2021This page design and content edited by Molly Hagan
The following little historical references are just a glimpse of the depth and breadth of the creative spirit of the human race that blossoms on the street corners, market places, subway platforms and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.
Spokane Legal Battle 2008-2012
Rick Bocook, also known as the Harpman Hatter, is a harmonica player who performs on the streets of Spokane, WA. In 2008, he struggled with the city officials of Spokane who were trying to pass massive restrictions on solicitations which would have curtailed street performances. The ordinance was changed by stating that street performers are not required to obtain a business license.
Also challenged noise ordinance in 2009 for restricting performance sound levels below ambient noise. Noise ordiance amended January 11, 2010.
Current issue is Riverfront Park being treated as private mall with restrictions on public performances: Riverfront Park Demonstration April 3rd, 2010 Noon. Spokane Police know about it, Mayor knows about it, some city council members know about it, the park board has been sent an email, Riverfront Park has been sent an email It is not being hidden, it is not a suprise, It is a peaceful demonstration that may have to go to the sidewalks. But thats ok with me. It will bring the issues to the frontline.
Rick Bocook reports: Bonnie Beavers of Center for Justice wrote one of the best first amendment letters for street musicians. Tina Morrison of the Local 105 musicians union is very deserving of credit for her support of the music culture including the BUSKING cause that I have done. She is very informative, a great mentor on music. Christopher Church a Gonzaga University Law intern, the guy who is out there with me on the streets, also supported the cause of busking. George Critchlow, Gonzaga law professor is still helping out.
UPDATE: May 2012 - Noise Ordinance with 100 foot inaudible rule being proposed.
Noise proposal has some fearing for the buskers - Spokesman Review http://www.spokesman.com/stories/2012/may/13/noise-proposal-has-some-fearing-buskers/
Sounds Like Trouble
The Center for Justice and Gonzaga University Law School’s University Legal Assistance program are registering several sharp concerns about a proposed new noise ordinance that is slated to be taken up by the Spokane City Council on Monday night, May 14th. http://www.cforjustice.org/2012/05/13/sounds-like-trouble/
Comment:
People most often complain about some one else's volume level and never their own contribution to the collective noise level of a complex society. Air planes 100-130 db, trains 80-110 db, trucks and buses 70-120 db, building air conditioners and exhaust fans 70-100 db and numerous other sources of city noise are 2-20 times greater than any street performer.
Only the rich and powerful can get a quiet residence or work place in a big city.... Not the poor and powerless who live next to an airport, mass transit line or six-lane highway. Will Spokane City Council ban recess at all public schools or high school football game because a few rich residents will be disturbed by the noise 100 feet away by children playing outside?
Will the Spokane City Council allow the Police Department to fine and arrest motor vehicle drivers for speeding with out a radar reading because the Police Department does not want to use the radar instrument? Will the Spokane citizens allow Police to arrest them for speeding with out a radar reading? Why will the Spokane City Council require a radar reading enforcement for non constitution privalage of driving a motor vehicle, but not require decible meter reading enforcement for constitutional protective free speech?
To summarize the legal battle:
The following ammendment was made to SMC 10.40.010 of the Spokane Municipal Code:
- On March 12, 2008 he had a meeting at City Hall about his concerns with the law, solicitation restrictions in particular.
- He wrote a letter to the Mayor of Spokane on April 17, 2008 that also addressed his concerns with the law. He expressed concern for police officers' responses to street performers, the fee for a street vendors licence, and the ability to perform in Riverfront Park.
- On June 19, 2008 the Harpman Hatter was performing on Main St. when he was confronted and threatened with a ticket by a police officer, who, ironically, had been present at his meeting at City Hall.
- Also on June 19, 2008, The Harpman Hatter was written a letter from the City Attorney in response to his concerns that were adressed in April. See letter HERE
- Harpman Hatter wrote an editorial letter to the Spokesman Review on June 22, 2008, which described the police incident on June 19th and why it violated aspects of the First Ammendment. See editorial HERE
- He wrote a letter to the Mayor on June 27, 2008 discussing fundamental First Ammendment rights as well as his confrontation on June 19th. See letter HERE
- The Center for Justice wrote critical letters and articles about the City of Spokane's proposed new restrictions on public solicitations - November 11 HERE, November 25 HERE, 2008.
- The ordinance allowing street musicians to perform and accept donations was passed on November 24, 2008 and published in the official Spokane Gazette on December 3, 2008 (PDF). HERE
- SpokesManReview.com article "City approves new restrictions on panhandling" by Jonathan Brunt, November 25, 2008 HERE
- Noise level testing by Gonzaga University Audio Department reported by station KHQ http://www.khq.comMarch 2009 -- Rick states "What is historical and unique about this test, is it being done by a University, the audio department and legal department. Meaning not done this way very rare. Most of the research I have done on noise ordinance is because an officer writes a ticket and it goes to court and there is usually law suits and the musicians sometimes win and sometimes not. I hope this video that will not last will let you know how far this issue is gone. What I also am trying to do is get it across to people that is not about me but the buskers having the freedom to play without being harrassed." Video story showed students of Gonzaga University testing Rick playing the harmonica through a PA plus a short interview. Noise Ordinance Code of 70db is excessively low (Cars and traffic are over 80db) plus a $500 fine that is excessivley high. Video: HERE
- January 11, 2010 Greetings: Regarding the noise ordinance law
The ordinance will amend smc 10.08.020 to create an exemption for sounds associated with the exercise of constitional protected free speech activities, including street performers, which do not exceed the ambient sound level where the actvities occur by specific decibel levels during specific time periods. The level that is being set is 10 decibels above ambient, in the day time to 10pm. The ambient levels are between 65 to 90 at any given time so this is good for street musicians regarding amplification. This should pass this evening, but we will see, I have been waiting about 9 months on this one. Rick Bocook aka Harpman Hatter street musician promoting the street music scene.
- "New Spokane ordinance is music to the ears of street performers" by KREM.com Posted January 11, 2010 Link HERE
- City of Spokane web site http://www.spokanecity.org/. See agendas and search for noise ordinance 10.08.020
- Riverfront Park Demonstration: April 3, 2010 at 12 noon -- Protest anti solictation policy at park.
- Buskers Symposium/CLE -- An Examination of 1st Amendment Rights of Street Performers -- July 9, 2010 at 1 P.M. Barbieri Courtroom, Gonzaga University School of Law, Pending 3 CLE Credits in WA
Open to the public -- Free to general public, cost for CLE credit is $50- May 2012: Noise Ordinance with 100 foot inaudible rule being proposed.
- Noise proposal has some fearing for the buskers - Spokesman Review http://www.spokesman.com/stories/2012/may/13/noise-proposal-has-some-fearing-buskers/
- Sounds Like Trouble
The Center for Justice and Gonzaga University Law School’s University Legal Assistance program are registering several sharp concerns about a proposed new noise ordinance that is slated to be taken up by the Spokane City Council on Monday night, May 14th. http://www.cforjustice.org/2012/05/13/sounds-like-trouble/
"A person who engages in constitutionally protected expressive activities in the public right-of-way shall not be required to obtain a business license unless the person engages in business activities. Constitutionally protected expressive activities conducted in the public right-of-way shall include, but is not limited to, street performers. For the purposes of this section, a street performer means an individual, including street musicians, who performs any form of artistic expression. The voluntary contribution of money by members of the public to the individual in association with the expressive activity shall not result in the requirement of obtaining a business license. A person who engages in constitutionally protected expressive activities in the public right-of-way must still comply with all other regulations regarding conduct in the public right-of-way."
To view the entire ordinance in PDF please click HERE.
The Harpman Hatter is a street musician, a member of the Inland Empire Blues Society, a First Night Spokane performer, and is also part of the Think Swing Jazz Blues Festival Band of Randy Pirates in Spokane Washington. For more information about The Harpman Hatter or to contact him please visit his website at MySpace (Photos curtesy of artist): HERE http://www.myspace.com/harpmanhatter
or His Facebook page https://www.facebook.com/harpman.hatter
Street Arts and Buskers Advocates
- Introduction, Background and Services
- Street Arts Advocates Email List
- Code of Ethics
- Legal Issues
- Legal Court Citations article by Stephen Baird
- Goldstein v. Town of Nantucket, 477 F. Supp., 606, (1979)
- Davenport v Alexandria, VA 683 F2d 853 (1983), 710 F2d 148 (1983), 748 F2d 208 (1984)
- Friedrich v Chicago 619 F. Supp., 1129. (D.C. Ill 1985)
- Carew-Reid v. Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990) (Subway)
- Jews for Jesus v. Massachusetts Bay Transportation Authority (1991) (Subway)
- Bery v. New York, 97 F. 3d 684 (2d Cir. 1996)
- Turley v. NYC 988 F.Supp, 667 & 675 (1997). See US 2nd Cir Appeal 98-7114 (1999)
- Perry v. LAPD, US 9th Cir Appeals 96-55545 (1997)
- Horton v. St. Augustine, Florida US 11th Cir Appeal No. 00-16220 (2001)
- Christopher Mastrovincinzo (a.k.a. "MASTRO"), and Kevin Santos (a.k.a. "NAC" OR "NAK") v NEW YORK CITY 313 F SUPP 2D 280 (2004)
- Boston Legal Battle 1972-2004
- Boston MBTA Subway Legal Battle 1986-2007
- Cambridge Legal Battle 1973-2003
- Alexandria, Virginia Legal Battle 1982-1984
- Baltimore, Maryland Legal Battle 2002 on
- Chicago Legal Battle 1982-1986
- Kansas City Legal Battle
- New Orleans Legal Battle
- New York City Street Entertainers 1700 - 2008
- Provincetown, Massachusetts Street Performers
- Saint Augustine, Florida Legal Battle
- Salt Lake City, Utah Legal Battle
- Santa Cruz, California Legal Battle 1978-2003
- Santa Fe, New Mexico
- Seattle, WA 1974 on
- Spokane, WA Legal Battle
- Waikiki Street Performers Win Lawsuit 2002
- Wilmington, North Carolina Legal Battle
- The Malling of America: The Selling of America's Public Parks and Streets--The Economic Censorship and Suppression of First Amendment Rights article by Stephen Baird
- Amplification Ethics article by Stephen Baird
- Model Regulations introduction and three samples
- Performance Locations
- History and Cultural Impact of Street Performing in America
- Avenues of Self Expression article by Stephen Baird
- Ben Franklin on the Streets of Boston in 1718
- Busking in Colonial Williamsburg in 1738
- Rope Walking from Church Steeple in 1757
- Patrick Henry and Sam Adams on the Revolutionary Streets
- Nathaniel Hawthorne "All vagrants are interesting"
- 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
- Books and References
- Women Street Performers and Sexual Safety By Kirsten Anderberg
- History and Cultural Impact of Street Performing International
- Links and References
- Street and Vaudeville Artists Directory Data Base
- Street Artists Photo-Journalism Project
- Stephen Baird -- Street Performer with Music, Puppets & Lore
For translations into different languages -- Arabic, Chinese, Italian, French, German, Russian, Spanish or others visit the web site: http://babel.altavista.com
Copyright © 1999-2021 by Stephen Baird