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Anthony Barilla

City responds to busking lawsuit

And I’m not thrilled with it.

Photograph: Linda Nylind/The Guardian

Lawyers argued in a motion to dismiss a federal lawsuit Friday that the city is beholden to keeping its streets and sidewalks safe, and that striking down the decades-old ordinance limiting where buskers — musicians who play in public places — can set up shop is not in its best interest. The law became the target of a lawsuit in January when Houston musician Anthony Barilla contended it violates the First Amendment.

While busking — the performing of music in public places — is mostly unrestricted in cities, such as Seattle, New York City, lawyers argue Houston is not that kind of town.

“Houstonians have a noted tendency to congregate in areas indoors, or even underground, to ‘avoid the heat of the summer, traffic, and inclement weather,’” the motion states.

Another worry to Houston is that loosening the ordinance would condone “unregulated competitors, obstructions of access, or objectionable noise.”

[…]

The city’s lengthy response to Barilla’s lawsuit goes as far to suggest how he could make money outside the Theater District — without soliciting tips, such as encouraginh pedestrians to “subscribe to his podcast or YouTube channel, asking them to purchase his music online, or asking them to attend upcoming concerts for which he will be compensated.”

See here for the background. The bit about “obstructions of access, or objectionable noise” I can understand, though surely those could be addressed by less-restrictive means. The rest, I don’t quite get what point the city’s attorneys are trying to make. For that matter, I don’t quite understand the principle that is being defended by the city here. What is the harm the city is trying to mitigate? I really don’t see how allowing street musicians to set up in non-downtown locations is going to cause chaos. Let’s please work towards a settlement and an amendment of that 1991 ordinance. We have better things to do than fight this.

The busking lawsuit

Interesting.

Photograph: Linda Nylind/The Guardian

A Houston accordionist is feeling squeezed by an obscure city law aimed at restricting where musicians can play for tips.

Anthony Barilla, also a composer whose work can be heard on the radio program “This American Life,” lodged the lawsuit in federal court recently in hopes of striking down the decades-old Houston ordinance, contending that it violates the First Amendment.

As the law stands, a performer — regardless of their talent or instrument, be it a guitar, violin or their voice — must have a permit to serenade the streets with any hope of making a buck. And that permit confines them to the Theater District.

Barilla does not consider himself solely a busker, a musician who performs in public places — often with a belly-up hat or an open instrument case to invite a toss of the coin. But he traversed Houston’s permit process in 2018 to see what would happen and to brush up on the accordion.

[…]

For most of the 20th century, musicians were barred from public street performances in Houston. Chronicle archives show that musicians began wooing the city for permits in the 1980s, but nothing serious happened until 1990, when the G-7 Summit was predicted to draw visitors to Houston.

City officials OK’d an experimental program to allow street performers — in the Theater District only. The program, if it worked and were then made permanent, would lure more people downtown, especially during conventions, then-Mayor Kathy Whitmire hoped. According to reports, only five permits were issued during the pilot.

The following year, City Council signed off on the ordinance.

Unlike Houston, some cities do not require permits. Musicians don’t need one to entertain straphangers amid the roar of New York City’s subway system. Busking has been street legal in most areas of Seattle for more than 40 years

“Houston is such a business-friendly town. This is my business,” Barilla said. “You’d think Houston, given our pro-business climate, that we wouldn’t be that way. The law is archaic. We haven’t caught up to other world-class cities.”

Let me say up front that I agree with the basic premise of this lawsuit, that the ordinance in question is overly restrictive and at the very least needs an overhaul. Busking isn’t going to be viable in many parts of the city, but there’s no reason to restrict it to the Theater District. Let people busk, as long as they’re not blocking pedestrian or vehicular traffic, and as long as they’re not disturbing the peace. It would be wise for the city to offer a settlement and fix this law.