Thursday, September 21, 2017

News stories and media on artists and buskers rights

This is a compilation of all the news stories I have found and used over the years to fight for my rights as a artist/busker in San Diego.

Learning much of these stories and information I have been giving has helped me fight for buskers rights in San Diego, as well as helped me to educate buskers and even Leo's in San Diego about busker and artist rights. I have accomplished many changes in San Diego making it a very busker friendly city, yet the battle is still not done...  We are getting closer though...

If you have an article on buskers rights you feel belongs here please contact me at merlinawakend@yahoo.com and send me the article....
media links that discuss or show violations of first amendment rights.

https://busklv.info/lawsuits/



  1. This is a San Diego City Beat about busking in san diego, which also goes into details about first amendment rights and constitutional protections of buskers and artists. http://sdcitybeat.com/article-12100-its-busk-or-bust-for-san-diego-street-performers.htm
  3. video and commentary by voice of san diego about buskers rights:
    http://www.voiceofsandiego.org/topics/arts/culturecast-street-performers-fight-for-their-rights/
  4. KPBS story about Buskers meeting with city council which includes commentary from civil rights attorney Chris Morris http://www.kpbs.org/news/2017/mar/13/many-buskers-want-change-rules-game-san-diego/
  5. These are some media videos covering the city council meeting we attended on Tuesday march 14th
    http://www.cw6sandiego.com/buskers-fighting-change-around-san-diego/

    https://www.youtube.com/watch?v=w_CB5TUPFLk&t=26s

  6. Here is an article about a citizen who has seen my work and enjoyed it. Which gives an idea of how tourists, and citizens of San Diego alive feel about street art. https://coolsandiegosights.com/2013/09/02/cool-spray-paint-art-on-the-embarcadero
      7   this article explains why the lottory system is a violation of first amendment rights.


     8  this article explains how  law enforcement sees handmade items like art and       handicrafts http://www.nbcsandiego.com/news/local/San-Diego-Explained-What-the-Law-Says-About-Street-Performers-375872211.html

Woman wins case in palm springs, city settles out of court and plans to change municipal code.

 https://www.usatoday.com/story/news/crime_courts/2017/08/21/palm-springs-pays-poet-30-k-settle-lawsuit-over-standing-sidewalk/586696001/

street muscians are asked to leave sidewalk in nashville

http://www.newschannel5.com/news/local-news/street-musicians-claim-they-were-asked-to-leave-broadway

petition in San Diego to change the laws
https://www.change.org/p/san-diego-mayor-change-sd-city-code-to-reflect-constitutional-protections-granted-to-buskers-and-artists

Liink to nbc san diego, video on busker laws in san diego.
http://www.nbcsandiego.com/news/local/San-Diego-Explained-What-the-Law-Says-About-Street-Performers-375872211.html

This article is about the unconstitutional activity in Las Vegas concerning buskers and the Fremont experience lotto for buskers.
https://www.reviewjournal.com/local/local-las-vegas/downtown/las-vegas-busker-lottery-plan-still-controversial-after-2-years/

This link is to connect with the street performer advocates who also have a lot of information concerning busking and the law. http://www.buskersadvocates.org/saalegal.html

This article is about how a federal judge in St Louis puts a halt to the rules on street performers. http://www.stltoday.com/news/local/crime-and-courts/federal-judge-puts-halt-to-rules-on-st-louis-street/article_76991f42-96fe-533a-b3b3-4c594e2b8d8a.html

This link is another resource site for buskers.
https://busk.co/blog/busking-tips-tricks/resources-legal-cases/

A busker wrote a blog on how to be a busker
http://advensoul.com/busker-street-performers/

article about California rights
https://law.justia.com/constitution/california/article_1.html

http://harvardjsel.com/wp-content/uploads/2017/01/Juricich.pdf

https://www.quora.com/Why-wont-cities-make-street-performers-illegal

https://pacificlegal.org/victory-busking-now-legal-in-houston/?fbclid=IwAR2CCBMD0feCOi2YG8cH0gmTlEtRpLV38RcPs9DqS7VY540A1KYXLgWH4PY



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Definition of “Busker”


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.
more information about busking:
https://en.wikipedia.org/wiki/Street_performance
A website dedicated to busking

information about busking and the law:
https://en.wikipedia.org/wiki/Busking_(U.S._case_law)


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:
https://www.youtube.com/watch?v=o_sH26y3NVQ

● Sensational String Sisters  
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.”
Fourteenth Amendment:
“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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Compilation of Case files

This post is a compilation of case files that artists and buskers can use to learn about how you are protected... I will also post a snippet of information as an introduction to make it easier for you to find things you need that apply to your form of busking or art.

California law concerning free speech is protected even on private property such as shopping centers.  https://www.law.cornell.edu/supremecourt/text/447/74

Important cases and laws concerning busking
Chase v Ocean City
https://casetext.com/case/chase-v-town-of-ocean-city/?fbclid=IwAR0FMzcMtQJiKeSpQSeaSY_r0H8Q1oQ-16kUOJE7wIFtqGX5HCWo_fGQSzM
This case covers spray paint artist Mark Chase and his lawsuit against ocean city

Reno Nv, RMC5.14: This is the municipal code for Reno, NV which discusses how art, and busking are protected expressive activities. https://www.reno.gov/home/showdocument?id=69118

http://cardozolawreview.com/amplified-speech/

Music ban unconstitutional https://thecrimereport.org/2012/12/14/2012-12-car-music-ban-struck-down/

\
https://scholar.google.com/scholar_case?case=5915492581390576752&q=Hassay+v.+Mayor,+955+F.Supp.2d+505+%282013%29&hl=en&as_sdt=40000006

http://www.buskersadvocates.org/saaamplification.html

Venice Beach Boardwalk musician legal battle - US District Judge Pregerson blocks Venice boardwalk lottery permit system and amplification ban in Dowd and all vs City of Los Angles - October 21, 2010 (Dowd v. City of Los Angeles, No. CV 09-06731 (C.D. Cal. Oct. 21, 2010)

"Other courts have struck down amplified sound restrictions  less sweeping than the total ban on amplified sound on the Venice  Boardwalk. See, e.g., Deegan v. City of Ithaca, 444 F.3d 135 (2d  Cir. 2006) (holding noise regulation as applied to prohibit any  sound that could be heard 25 feet from its source in downtown  pedestrian mall was not narrowly tailored); Doe, 968 F.2d at 89  (holding regulation prohibiting operating an audio device in a manner exceeding 60 decibels at 50 feet was not narrowly tailored  as applied to Lafayette Park because "[b]y no reasonable measure  does Lafayette Park display the characteristics of a setting in  which the government may lay claim to a legitimate interest in  maintaining tranquility"); Beckerman v. City of Tupelo, Miss.,  664 F.2d 502, 516 (5th Cir. 1981) (holding ban on amplified sound  in residential zones overbroad because "the ordinance extends its  total and non-discretionary prohibition to areas which have not  been shown to be incompatible with sound equipment"); Reeves v.  McConn, 631 F.2d 377, 384 (5th Cir. 1980) (holding amplified sound  ban in downtown business district was not narrowly tailored because "there is probably no more appropriate place for reasonably amplified free speech than the streets and sidewalks of a downtown business district"); Burbridge v. Sampson, 74 F. Supp. 2d 940, 951 (C.D. Cal. 1999) (Collins, J.) (granting preliminary injunction against rule banning amplified sound on community college campus except in three "preferred areas" because the defendants "failed to rebut Plaintiffs' claim that the 'preferred areas' do not meet the 'ample alternatives for communications' requirement for reasonable content-neutral, time place, and manner regulation"); Lionhart v. Foster, 100 F. Supp. 2d 383 (E.D. La. 1999) (holding that law "regulat[ing] the production of sound in excess of 55 decibels within 10 feet of  hospitals or churches during posted services" was "unreasonably  overbroad in the context of normal activities on public streets  and in public parks").

Of course, even in a traditional public forum, reasonable  restrictions on the use of amplified sound are permitted, so long  as they are narrowly tailored to serve a significant government  interest. But, because "streets, sidewalks, parks and other similar public places are so historically associated with the exercise of First Amendment rights access to them for the purpose of exercising such rights cannot constitutionally be denied broadly and absolutely." Hudgens v. NLRB, 424 u.s. 507, 515 (1976) (quotation marks and citation omitted). The Cit:y's absolute ban on the use of amplified sound twenty-four hours per day on the Boardwalk except in a limited number of specially designated spaces simply sweeps too broadly and does not materially advance the City's proffered interest. Because Plaintiffs are likely to succeed on their claim that  the amplified sound ban is facially overbroad (and because, as mentioned earlier, the balance of hardships and the public interest weigh in favor of enjoining regulations that violate the First Amendment), the Court GRANTS Plaintiffs' motion for  preliminary injunction with respect to LAMC § 43.15 (F) (5)."

DEAN D. PREGERSON
United States District Judge


Dowd vs Los Angeles




https://www.law.cornell.edu/uscode/text/5/3331  oath of office law  which all police, and law enforcement swear to as all lawyers and judges and city council members, mayors, governors, congress and so on must abide by to take their office!
San diego city code prohibits the abridgement of first amendment rights!  Read this pdf for more information http://docs.sandiego.gov/memooflaw/MS-2011-16.pdf


Woman in palm springs california settles lawsuit for 30,000 with the city of palm springs over loitering laws and poetry!




This is St Louis v the Constitution.
https://vlaa.org/wp-content/uploads/2015/05/Freedom-of-Speech-and-the-Street-Performer.pdf

this case concerns using profanity in public.
https://supreme.justia.com/cases/federal/us/403/15/
States must have a better reason than a concern for generally disturbing the peace when they ban displaying an expletive in a public space.


https://www.courier-journal.com/story/money/louisville-city-living/2019/07/31/art-lou-busker-program-downtown-louisville/1869923001/?fbclid=IwAR0-0t-XoHmSHchKbXk5Ql0W-eaKlYBXVMS988Xizi8nc-XC8d27c0NIcmA

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