Definition of “Busker”
First off you might be wondering what exactly is a busker. Many people often ask this when they hear the word. To put it simply Buskers are street performers and artists, who perform in public areas for tips, and for compensation for their works of art.
There is a long list of types of buskers and artists which are protected, some of which include: Mimes, Jugglers, Hula Hoop artists, Tumblers, Acrobats, Dancers, Musicians, Living Statues, Clowns, Balloon Twisters, Palm Weavers,Visual Artists, Political Artists, Magicians, Illusionists, Circus Performers, Psychics, Palm Readers, Card Readers, Henna Tattoo Artists, Jesters, Costumed Characters and much much more.
Busking actually comes from an old Spanish word meaning to seek. Buskers go out into the public and seek people to entertain, and give enjoyment to, as well as earn a modest living off tips and the sales of things related to their art or performance.
A website dedicated to busking
What buskers do:
Here is just a small list of the art that buskers provide. Most of the people on this list are San Diego Buskers, but some are national buskers and this list is not a full list of all the types of busking that can be found... As the writer of this blog I am just using what I have available to me to help to educate those who are reading it.
● Palm leaf art/ palm weaving:
● The San Diego Silverman:
● Steam Powered Giraffe:
Thoth
The problem:
Is that there are municipal codes used by police to violate buskers rights when someone files a complaint against them. The municipal code even has sections protecting expressive activities but does not clearly define busking, and art as an expressive activity. Many codes within the municipal code are so unconstitutionally vague that they could be applied to anyone at the officer's discretion. Quite often these cases tie up valuable court time, and money which could be used for something more important. Also these cases generally get thrown out by judges who are aware of the Constitutional laws being violated.
The cities have much bigger issues to deal with rather than continually violate buskers and artists rights. There also looms the possibility of a major lawsuit against the city, for violation of 1st and 14th amendment rights.
What Rights are being violated?
- First Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
“No state shall make or enforce any law which shall abridge the privileges or imunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
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