Please keep coming back to this Q&A I will be adding court cases that have legal answers to each question to make this more educational.
Q: What is a busker?
A: To put it simply a busker is any artist or entertainer who performs in the public forum. It comes from the Spanish word buscar which means to search.
To entertain by dancing, singing, or reciting on the street or in a public place.
http://www.dictionary.com/browse/busk?s=t
you can learn more about busking at https://en.wikipedia.org/wiki/Street_performance
Q: What laws protect street performers?
A: The 1st amendment: ( Religion and Expression. 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.)
The 4th amendment: (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.)
The 14th Amendment: (Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities 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.)
City and state laws do not supersede the constitutional protections, but some city and state laws will add extra protection for free speech.
You can learn more by visiting the Wikipedia page on US Busking Laws.
https://en.wikipedia.org/wiki/Busking_(U.S._case_law)
Q: Do these amendments cover selling products I've made?
A: It depends on the products that you have made., some jewelry and hand crafts are still in what is called a grey area. But lets say you are a guitarist and you have CD's of your original music. you can legally sell that. But if you are selling a CD of covers you wouldn't be protected. Lets say you are selling your own art work, and print copies of your art. you are protected, but selling art of someone else you know, you aren't protected. if you want to sell t shirts you have to have some sort of political or religious message, or it has to be your own art work on the t shirts. tourist items though, for example, San Diego, California T shirts, would not be protected. Balloon animals, palm art, your own photography would be protected. There is a long list of things that are expressive and protected. The best rule of example to follow is ask yourself is this self expression? If it is then chances are it is protected.
A good case to get the details from concerning this is Sparks Vs White:
http://caselaw.findlaw.com/us-9th-circuit/1300114.html
Another good case to review is Perry V the City of Los Angeles http://caselaw.findlaw.com/us-9th-circuit/1246214.html
Also one more to review concerning the right to sell expressive materials is Hunt v the City of Los Angeles http://cdn.ca9.uscourts.gov/datastore/opinions/2011/03/22/09-55750.pdf
Q: Is it legal to put out a tip jar and a sign asking for tips?
A: Yes, and it is also legal to put prices on your art or music or anything else expressive you are selling.
Q: Is it ok to demand payment for pictures?
A: If you are selling photos yes. If the public is taking photos of you or your performance then no. If you are in the public eye than someone of the public may take a photo of you or your work without paying you or asking your permission so long as they aren't selling said photo. The reason this is, photographers have first amendment rights too, and you are in the public eye.
Q: If you assemble something vs. creating something is that still speech?
A: If you buy a kit to make a artistic thing, chances are its mass produced and is not protected. If you create a thing from scratch you are definitely protected if the thing created is artistic in nature. Some jewelry is protected while some is not. Some items are also protected if you add a message of expressive or religious nature. For example, a man who sold Shea butter won a case just because he had a religious logo on the butter. So it really depends on if it is expressive or not.
Q: How long can I be set up in one location before I'm considered to be "loitering"?
A: It all depends on the location. some locations require performers to move every 4 hours, where as others allow you to be there as long as you have a captive audience.
Q: How much public space can I take up before I need a permit?
A: It depends on the area busking. Usually for small sidewalks its about 4x4 for larger areas like the board walk 6x6 or 8x8 some even have 10x10 areas you can take up space in. It all depends on how much area you have to work with. a 4 foot side walk for example you would want to take up as little space as possible so that you do not block the flow of traffic.
Q: Am I allowed to use an amplifier?
A: in most cases yes, but it is wise to observe noise ordinances in an area.
Q: How loud can my setup be?
A: With sound there are city ordinances part of the time/space/manner restrictions that usually cover the level of sound you can produce. the general consensus usually is about 100 decibels or less. Though it is usually recommended not to go over 90 decibels.
Q: At what distance is this measured?
A: It varies from city to city, but generally 3 to 6 foot in distanceQ:Time space and manner how does it apply? why?
A: The reasons are outlined here:
Despite the broad First Amendment protection accorded expressive activity in public parks, “certain restrictions on speech in the public parks are valid. Specifically, a municipality may issue reasonable regulations governing the time, place or manner of speech.” Grossman, 33 F.3d at 1205; see also Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984). To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be “narrowly tailored to serve a significant governmental interest”; and (3) it must “leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Clark, 468 U.S. at 293, 104 S.Ct. 3065).
http://caselaw.findlaw.com/us-9th-circuit/1042427.html
Q: Where are you permitted to set up?
A: Anywhere free speech is allowed, and you aren't blocking the flow of traffic on sidewalks, or door ways. Parks, beaches, sidewalks, any space that is public and is not charging a fee for the public to enter. Furthermore any private space that you have gained permission from the owner or venue.
there are some exceptions to this rule. For example in California, malls are considered public, per the state constitution - which was upheld in the supreme court.Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980)
under the California Constitution, individuals may peacefully exercise their right to free speech in parts of private shopping centers regularly held open to the public, subject to reasonable regulations adopted by the shopping centers
under the U.S. Constitution, states can provide their citizens with broader rights in their constitutions than under the federal Constitution, so long as those rights do not infringe on any federal constitutional rights
Q: At what point do others have the right to say I'm a public nuisance?
A: If you are violating laws, endangering someone, starting a fight or doing drugs and drinking while performing. If you violate certain noise ordinances or block foot traffic.
Q: Is there a right way to get the Police to leave you alone?
A: Assert your rights. Explain how a violation of your first amendment rights is federally illegal. Explain that a violation of rights is also a violation of their sworn oath of office and that they can be barred from ever working in law enforcement again as well as dragged into a lengthy lawsuit. If non of this works, file a complaint against said officer through the citizens review of police, and through internal affairs. If there is not a proper channel to file a complaint report that police department to the Department of Justice. If all else fails sue the police.
Q: How do you make a living?
A: If busking full time, you have to work everyday. Often working far more than you would at a full time job. I wouldn't recommend it to anyone who needs steady pay. Realistically you have to have multiple avenues to earn money. If living off tips alone you are going to have a hard time. Always try to find extra things to help you earn money. If you are a musician sell CD's of your music, stickers, posters buttons and t shirts. If you are a dancer maybe make a how to DVD and teach dance tips. Record your performances and start a YouTube channel so you can earn ad-sense if your video goes viral. Sell your creative works online. Be sure to carry cards with you so that you can get gigs. Make yourself available for special events, parties, weddings and anything else you can charge by the hour or performance to be there. If nothing else works, it might be time to consider working a real job part time at the very least. If you already have a day job, don't quit it to busk full time unless you are earning double your day job and only if those earnings are consistent.
Q: Can I set up inside a federal building, say the VA hospital? How about right outside?
A: That is a private area, but if you are on the sidewalk outside you should have some protection. Though the federal cops might push you out, you could have a lawsuit on your hands if they do.
Q: If someone complains about you to the cops, will the cops always side with the complainer & shut you down?
A: It depends if they have a valid legal complaint. Generally if you prove you have a legal leg to stand on with the cops you can argue with them that a complaint does not mean you are committing a crime, and that by law the cops can't engage you unless they suspect you of committing a crime. or it would be a violation of your 4th amendment rights. But lets say they complain about you dealing drugs and you are. cops will probably arrest you.
Q: As a foreigner do I need a work visa?
A: -under US law, "employment" includes getting anything of value for work. That mean that performing in exchange for food and/or lodging would also be illegal. Busking would also be illegal. And, not only that, but many cities require permits for busking.
As you are not a citizen you are not protected by our constitution.
Although I have known buskers come from other countries and busk just fine without any problems. My suggestion is to ask where the busker friendly areas are and busk where you wont get bothered. If you get stopped by police, just pack your things and move along.
You can learn more about this here http://www.visapro.com/resources/article/us-visa-for-artists-and-entertainers/
Q: How is busking different from panhandling?
A: busking and panhandling are different by one small factor, one is begging for money, the other is performing a skill or a talent for tips or sales of merchandise that is related to those skills or performances. Panhandling is the use of a sign or voice to harass or ask passerby's for money without offering anything of quality in return. The only thing the two have in common is that they are both protected by the first amendment of the US Constitution.
Q: How does having street performers in an area reduce crime and thuggery?
A Street performers are extra eyes on the area. Sometimes they will help law enforcement identify criminals involved in serious crimes. They can also help stop fights, entertain the public to keep them occupied, and create an atmosphere that is family oriented. They also take up spaces that vagrants would otherwise occupy.
Q: Regarding hand-made goods, is there any legal difference between having your goods on a table instead of on the ground?
A: The only difference is if you are blocking the right of way with the table, if there is ample room for passerby's there really is no difference. The main thing with hand made goods is "is it expressive or is it utilitarian?" If it is purely utilitarian it is not protected, but if it is purely expressive it is protected. somethings fall somewhere in the middle of utilitarian, for example a bowl is utilitarian, but a hand painted bowl is expressive.
Other questions and answers coming soon
How does busking affect a community?
How does local regulations affect buskers and others?
What are the differences in the way buskers are treated?
Is there a racial component to how buskers are treated?
Is there a sexual component to how buskers are treated?
When is it noise and not expressive?
What forms of busking are constitutionally protected?
What reasons could those protections be legally restricted?
What miscatagorazations are applied to buskers when cities create laws or when police enforce them?
Where is busking illegal?
"how well do you sustain yourself on the income you make busking",
"what proportion of your income comes from busking",
"what would you be doing if you couldn't busk?".
Does busking affect the sales of local shops/cafés
What is the difference between pre-busking income and post-busking income?
What other avenues for income within their artistic field do beginning/amateur/indie/etc artists have?
How much income do buskers generate from gigs they got from street interactions?
• How many buskers work often in your city?
• Are reviews of buskers in your city positive or negative on sites like TripAdvisor?
Are people more likely to return to an area they've seen a good busker in?
• Are people more likely to visit an area because they've been told the street performers are good?
• Have they ever gone to a place looking for a street performer?
How much wood would a busker busk if a busker could busk wood?
do buskers pay taxes? is there a way to figure out their income so they can pay taxes
