Susie Tanenbaum, City Lore and the Street Performers Advocacy Project have inspired me this week. Most of the news I’ve put up so far has either been about street performers who have made it big, buskers who are doing great things, events that are offering good deals for us, or the legal situation of various popular street performance venues. In fact, there is a huge amount of news on the rights of street performers – set up a google alert to see what I mean (warning: prepare to overload your inbox).

Anyway, yesterday I called the city, 311, pretending to be a new street performer who is in town and looking to perform legally here. I just wanted to know where I could play, and how. The lady said the only law she could find in New York regarding this issue was that you needed a permit to use an amplifier, otherwise you were okay.

Not convinced, I went to my local police precinct to ask them what they thought. They told me I needed a license to play. I told him that the government said there was no law on a license for those without amplifiers. The policeman said he didn’t know about that. Also, that he couldn’t give me the information about where and when it’s all right to play until I got a license.

Stupid.

So I thought I’d clear some things up by quoting this article summing up our rights. Here goes:

1) History. “Street performing is as old as streets.” Benjamin Franklin used to sing poems for cash. In 1930 Mayor Fiorello LaGuardia made it illegal, calling street performers beggars. During the 1970s and 80s the laws were reverted on the streets and in subways to rescind the ban.

2) Rights. The New York City Transit (NYCT) approves this:

“Public speaking; distribution of written materials; solicitation for charitable, religious or political causes; and artistic performances, including the acceptance of donations.”

So you can it’s completely legal to be a subway musician. These activities are protected by the first amendment. The only restrictions a government can place on street performing (or any other public expression) is if the restrictions serve a substantial government interest (not endangering, blocking or hindering etc etc), which it is hard to see any subway musician infringing upon.

You don’t need a MUNY permit. You have the right to perform on platforms, but you can’t sell CDs anywhere.

In 1989, the Transit Authority (the old name of the NYCT) proposed to ban music on subway platforms. At some remarkable public hearings, subway musicians, subway riders, politicians, and civil liberties attorneys spoke, sang, and juggled in opposition to the ban. The Transit Authority listened, but it banned amplification devices on platforms instead.

3) Transit Police. You can object to them, but it might increase your chance of them screwing you. You could comply, but challenge later in court. If you’re being harassed, take their badge numbers and ask pedestrians to be your witnesses.

4) Transit Police Fact Check
a) Subway musicians don’t need a MUNY permit.
b) They can perform for donations.
c) Music is allowed on the platforms.
d) No station has a ban specifically. They cannot keep you out of a station permanently.

5) Street Performing in the Parks. You are allowed, but you have to apply for a permit, and go by their rules, which are not necessarily the same as the law. Don’t know how that would hold up in court. The permit needs to be applied for a ridiculous 21 days in advance.

That link again. Go here to see more.

A Big Thanks to Susie Tanenbaum and the Street Performers Advocacy Project for all the work they have done compiling this. They are a huge help to subway musicians and street performers everywhere.