Hot Indie News reporter Ralph White recently had the opportunity to sit down with Theo Eastwind of NYC Busker Ball and Matthew Christian of BuskNY (both leaders of local busking advocacy groups) to discuss the current, and unlawful, police crackdown on busking within and above the New York City subway system.
Hot Indie News: Theo, you’ve been organizing the NYC Busker Ball events since 2012. The last press release we received from you announced that NYC Busker Ball 8 on October 16 will be about more that just music. What’s in the works for that night?
Theo: Busker Ball 8 is a call to action. We’re rallying and issuing a call for action in defense of our 1st Amendment rights. The cops have been out of control as of late with their increased and unjust harassment of New York City public performers. With our next NYC Busker Ball 8 event at the club Spike Hill in Williamsburg Brooklyn we promise to be about more than just music and good times; we plan to shine a light on what’s been going on above and underground to our busking brothers and sisters at the hands of local law enforcement. The unfair ticketing and illegal arrests have to stop!
We are expecting many buskers and advocates to show up and to educate buskers to their rights and mingle with the press and each other. NYC Busker Ball 8 will be a chance for buskers the press and advocates to connect, share and stand united against the latest police crackdown.
Hot Indie News: Any opinion regarding why the police seem to be acting more aggressively toward artists performing in public places like the parks and subways as well as just people in general these days?
Matthew: Many problems come down to poor planning. Street performance has been legal since the 1970s and subway performance since 1985 – but the NYPD have never integrated these topics into their training. So when you announce a new ‘Broken Windows’ policy and send out more police to make more arrests, it is not a surprise that performers are wrongfully ticketed and arrested while working. The answer is policy and training that promotes art as a part of vibrant urban life.
Hot Indie News: Your NYC Busker Ball organization claims we have a right not to remain silent when it comes to these police crackdowns on street (and below street) performances. What are the rights you cite that are allowed by law?
Matthew: Artistic performances are permitted and included as such in the MTA”s Rules of conduct. Here’s what RULES OF CONDUCT (1050.6 {c} Section 1050.6 states in regard to the use of the transit system: “The following non-transit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafleting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations…”
So, performers, artists or anyone is allowed to perform music whether it be singing, dancing, acting, reciting poetry or any other activity considered art while accepting donations. They are also allowed to use amplifiers on the mezzanine level. Unfortunately, these rights are often not understood in detail. Some people believe that membership in the MTA’s performance program is necessary to perform, which it is not. Police are in some cases unaware that these rights are protected by the first amendment. We feel it’s a simple misunderstanding that could be cleared up with a little public awareness and media attention of the issue.
Hot Indie News: Tell us what goes down during these negative interactions with law enforcement.
Theo: Well, it depends on your luck that day. Some officers believe in community policing, and if you have a copy of the rules of conduct, they will take a look – I’ve even been thanked for pointing out the rules. But for too many officers, the attitude is different: if they approach you, they’ve already decided that you should be ejected or arrested, and they’re not interested in looking at the rules the MTA has set. In some cases a superior officer or captain instructs lower ranking personal to enforce a direct order in which case the officer engaging the performer has orders he would have to disobey to acknowledge the performers rights. On the street in places like Union Square or Times Square private security firms like the Times Square Alliance or the Union Square Alliance will place a 911 call complaining about a performer/artist and police HAVE to respond and shut the performer down.
Hot Indie News: What can an artist do if they’re harassed by the police, or even arrested, for performing in a public space?
Theo: It’s important for artists to know their rights. NYC Busker Ball and BuskNY have been working to help performers fight tickets, wrongful charges, and to sue for wrongful arrest.
Matthew: Ultimately, the law is on our side, and so our fight is make sure that it is respected.
Hot Indie News: Have street performers in other cities been experience the level of harassment from local law enforcement the way the cops have cracked down in New York City?
Matthew: Yes and no. Many cities, like Montreal and Boston, have integrated performance into their subways as an important asset. There’s no perception in those places that buskers are a problem to be removed. Instead, the conversations we see are in cities from Washington, DC to Georgia to Buenos Aires – all of which are now considering legalizing and promoting subway music, not doing the opposite.
Hot Indie News: How can those who support your cause help?
Theo: First, by speaking up for buskers – and by showing your support for their performances. You can also connect with both NYC Busker Ball and with BuskNY, a freelance buskers advocacy organization, online. Mostly though anyone can help by being aware of our plight and educate friends and co-workers etc on the importance of freedom of speech especially when performed in our public spaces because as long as you see a busker, artist or anyone else expressing their first amendment rights in public you are still free.
Hot Indie News: What advice would you give an artist who’s wants to give busking a try?
Theo: Don’t hold back! Busking is not only a life-changing experience for performers, it’s one of the parts of the New York City subway that riders love best. Performing in the subway is a chance to connect directly with audiences, and that can give back in ways you don’t expect. Make sure to check out the 10 rules of Subway artistry at theoeastwind.com. They are a guide and can be very useful when starting out your busking career.
Matthew: Go Busk!
Hot Indie News: Who will be performing and on the bill of NYC Busker Ball 8, where and what time will it be held?
Theo: Musician and author of the book ‘Subway Diaries’ Heidi Kole at 7:30 p.m. and is followed by Congolese subway songstress Grace Kalambay at 8:15 p.m., myself, Theo Eastwind at 9:00 p.m., then Eli Bridges at 9:45 p.m., Cathy Russo hits the stage at 10:30 p.m. and The Blue Vipers of Brooklyn bring it all home at 11:15 p.m.
Hot Indie News: Are there ways to connect with the NYC Busker Ball organization through social media or other means?
Theo: Yes, write to nycbuskerball@yahoo.com or like us on Facebook.com/nycbuskerball.
Matthew: Also check out buskny.com.
