Lat night I was out working my local pitch, just started my third show and noticed a police officer in my crowd ( always disconcerting)... I pulled the crowd in to avoid blocking the sidewalk and he nodded, smiled and plodded off.

Later in the evening the same officer presented me with a photocopied sheet of paper with the "new" town ordinances regulating street performance... most of them are fairly okay wit me ( "no street performing while intoxicated, no bocking sidewalks" etc etc) but one has got me litle worried.

Seems it's now a class 3 misdemeanour to directly solicit tips. For most buskers in my town ( mostly musicians but some, a few, small shows) this won't be a problem but since I typically finish my show with a hat line I'm a bit concerned.

I know Ed in RI has had problems with this dierct solicitation ordinance being enforced harshly and I cannot see things going so far as to not allow a tip jar but I was wondering.... isn't soliciting tips protected speech under the first amendment?? Is there any case law supporting this?

Now I'm not going to pick a fight on this... I figure I'll just continue to do what I've always done until I'm pulled up on it ( and try and keep a lowish profile)... but when I am ( IF I am) pulled up on it I'd really like something ( preferably the law) to back me up...

Any thoughts... does Chance still hang out here ( and if he does... Chance, do you know?)

best

tom

Hello Tom! Chance is still in the house!

You're absolutely right. This is a non-issue that has been settled in the courts for decades. Any law restricting your right to talk about money (or anything, really, but tips specifically) is illegal on its face. There are hundreds of old and/or illegal laws still on the books in every part of the country. They're there. There's no way around that. But what's important for you, and for any busker that might some day come through your area, is how you choose to deal with it. Do you let it be, or do you fight it?

If you do fight it, it will be from a civil standpoint. This means making an appointment to meet with the city attorney to present your facts. Maybe they don't know as much as you about these kinds of things and they made a simple mistake. On the other hand, maybe they know exactly what they're doing and they're prepared to knowingly violate your rights and then waste your time in court. The only way to find out is to have a meeting and ask them what their intentions are. Personally I've had it go both ways in these meetings. I've been told right to my face that the streets "belong to me and your type isn't welcome here"; and I've been told, "Oh, wow, sorry, we had no idea and here let me walk you down to the permit office and get this taken care of immediately." And it was. It could go either way, but the first step to finding out is on you.

For case law there is no better resource that Stephen Baird's street advocacy web site. Spend a few days there to get your bearings before attempting to meet with anyone. Copy as much as you can from there and have it in hand. Information is power.

Good luck.

Thanks Chance... I will take your advice and act upon it. I have already sent an e mail to the website you mentioned and will spend the next few days poring over the info.... then I'll try and meet with the people at the city and try and get this sorted... got me kind of worried since although I am not a full time perfomer ( I'm a teacher) busking goes a HUGE way to helping me make ends meet and being arrested is bad for business!!

I really appreciate your help here Chance! Thank you.

tom

No problem Tom, I'm happy to help. Pls check your PM's...

Nice advice, Chance! That's some good info right there.

You're welcome Al.

I just wish there were 100 more just like you guys spread all over the country. If there were we could take the streets back in no time! But no, all anybody wants to know about around here is when the next $300 set of cups will come out, or the next DVD, or the next seminar. You guys don't understand that in 20 years there won't be any street left open to work on if we don't get with it NOW.

Chance I agree with you 100%

In fact it is one of the reasons I decided to go to law school in the first place (not the only reason, but definitely one of them). I've still got a little while to go before I'm finished, but this is a topic that is near and dear to my heart.

I'm planning on writing a law review article about this very subject. I'm still doing the research, but have found some very interesting stuff. Once I've finished the research, and written the thing I'll let you guys know. It won't be for a while, but I am working on it. I will say that from what I have found out here so far, there are a lot of myths and some outright disinformation out there. Still, if you don't assert your rights, once you really understand what they are, you will loose them.

Anyway it's nice to see you guys are out there and pushing the proverbial limits...

Chance I'd love to have more of the info you've mentioned, particularly the case law. You'll be one of the first to hear about whatever I find out...

I remember this being recommended to carry around:

http://www.nexusmagicstore.com/busking.html