As I sat at Music in the Park on Saturday evening, I thought about the total nonsense of not allowing musicians to collect tips at Farmers’ Markets on Saturday morning. The sponsors were making multiple passes throughout the crowd to collect tips for the brass band who were brought in to entertain and we are not allowed to listen to local artists who request similar financial support. Ridiculous and stupid!
My husband and I have had the luck to travel a bit this past year and in each city and town we have seen musicians and performance artists follow the international tradition of accepting tips when they perform. Victoria, British Columbia has a section of their downtown indicated on their tourist map to show visitors where they can find local visual artists and buskers. It is an attraction of which they are proud. Sure enough, jars or hats or instrument cases were in front of performance artists (buskers) for tips.
In Florence, Italy, the local government helps with scheduling so that there is not a cacophony of noise, but rather a pleasant variety of music. We listened for hours to string quartets, jazz groups, singers, and others. Total cost for the joy of music that enhanced our cafe time was a few euros in the hats. Not required, just hoped for.
In each town and city, music is an enhancement that brings visitors in and welcomes them. Only in Chestertown is music a problem. Many who live in town go out to hear music when we have it available. If the town wants to have a sign-up sheet to enable an orderly presentment of artists, that would be fine. But, to obstruct our in-town joy of life is outrageous. I hope the musicians do not loose heart and keep showing up. There must be some way to financially encourage that.
Holly Geddes
Chestertown
Keith Thompson says
How can there be a collection of tips for Music In The Park on Saturday nights at Fountain Park when the town manager is stating that musicians are not allowed to play for money on any town owned property?
Nancy McTear says
The issue is the constitutional right of the musicians to busk in any public place …”Busking cannot be prohibited in an area where other forms of free speech are not prohibited.” This is not really a Farmers’ Market issue. It just initiated there and although it would be okay to pay invited musicians to perform it does not give the Town the right to deny any musician the right to busk in an area where other forms of free speech are not prohibited.
joe diamond says
A well-regulated music being necessary, . . . the right of the people to keep and bear music shall not be infringed!
Joe
Holly Geddes says
So, what is to be done? Do our musicians just ignore the ban and play on?
Jane Jewell says
Along with Butch Clark, I organize Chestertown’s Music in the Park and I just want to clarify how that program works. The invited bands do not play for tips. They are paid a set fee, determined in advance. The amount collected at the event does not go directly to them. All donations collected are deposited in a special Music in the Park account and are used to support the entire summer concert series. In fact, donations may not even cover the band’s fee let alone the other costs. In addition to the band, we need to pay for setting up, operating, then breaking down the lighting and sound equipment, as well as printing posters and schedules, etc.
Chestertown’s Music in the Park is an official, town-sponsored program, so it has permission to collect donations. In addition to the donations collected at each event, the concert series is supported by a variety of sources. These include a budget line from the town, a matching grant from the Kent County Arts Council, an annual fund-raising letter and donations from local businesses.
It’s a costly, complex, and time-consuming proposition to run a concert series, especially to make it free for those who can’t afford to donate. And we do it on a shoe string! – and do it well, I think. It’s definitely not busking or playing for tips. I just wanted that to be clear. (And if you’d like to help keep the concerts coming, please feel free to send a donation marked for Music in the Park to The Town of Chestertown, 118 N. Cross Street, Chestertown, MD 21620. Thank you!)
Jane Jewell
Director, Chestertown Music in the Park summer concert series
Keith Thompson says
Jane, for the record…I’m 100% in support of the Music In The Park and I’m 100% in support of musicians getting paid and tips being collected to support the concert series. The problem here is that the town manager (in supporting tipping restrictions for the Farmer’s Market) has already stated that the town’s ordinances prevent musicians from being paid to perform in Fountain Park or any other town property. Either tipping is allowed or it isn’t allowed; and if it is allowed, it must be allowed for any permitted event in the Park which includes the Farmer’s Market. By not allowing the same rules for the Farmer’s Market as is allowed for Music In The Park, the town is setting policy on an arbitrary and capricious basis. If the town has the ability to set policy on an arbitrary and capricious basis, it has the ability to violate the civil rights of individuals. A private property owner generally has the ability to set the rules for the the use of his or her property based on those he or she favors; but a town’s ability to limit who can use public property is greatly limited and that certainly doesn’t extend to having a different set of rules depending on who is using the property. I have been paid to play at Fountain Park in the past for the 4th of July celebration and I used to routinely openly play for tips on First Friday with the permission of the various business owners downtown, so I have a hard time understanding why all of sudden there is an issue with the Farmer’s Market unless the town is arbitrarily enforcing existing ordinances or capriciously making up policy.
Jack Offett says
I can’t think of anything more home grown than musical talent . . . usually it is grown in the home.
The big challenge is to get the Town Council to amend the town code.
Of course, understand that if busking is permitted in the park during Farmer’s market it is only fair that the musician follow the same procedure all other vendors follow. That is if the “fairness” people want to operate fairly.
Keith Thompson says
Jack, actually it is up to the people who “book” the musicians to follow the same procedures that the other vendors follow. That was being done by the artisans group as they applied for the permit along with paying the vendor fee for the musicians (like me) they were looking to bring in. So yes, it is only fair that musicians are working under the same rules as other vendors at the market and I have no objections to that. Because the town is stipulating that musicians are not allowed to engage in “collection of monies” while performing at the Farmer’s Market, it’s the musicians getting the unfair treatment. What is the difference between an artist selling a painting and a musician collecting tips? Why are some artists allowed to engage in the collection of monies and others aren’t?
Ed Plaisance says
From London to Vienna, from Amsterdam to Florence, my family and I have enjoyed street performers playing for tips. They varied from a single guitarist under a bridge in Amsterdam to an accomplished string quartet in Munich. If they were good, they got tips…if they were not…well, the cup/hat remained bare. Why can’t we come up with a way to make this ancient tradition work here in Chestertown?
Ken Noble says
I’ll play my blues harp anywhere I want to…any time I want to. That’s all I know.
Carla Massoni says
I find this posting interesting from “Mr. Nobody’s above the Law” and there should be “no exceptions” Noble. Rules are there for guidance. Exceptions to rules require following procedures to change the rules – and often these efforts lead to “revised” rules and guidelines. Evaluating these rules and guidelines when a conflict arises seems a sensible approach but ultimately the decision is based on the best outcome for all concerned – be it an LED sign or a “blues harp.” Taking the time to study the issue is what we hope our elected officials will do on our behalf.
Keith Thompson says
Carla (or anyone else) please answer this riddle for me. Why was I able to play music (and collect tips) for various businesses on First Fridays for at least a year, and do this with the blessing of the mayor; but a couple of months ago was told I couldn’t play for tips at the Farmer’s Market when I was asked to play there by the artisans group organizing the music? What change of town legislation voted on by the mayor and town council changed during that time? If there was no change in town legislation during this time, why was there a sudden change in town policy? The problem here isn’t that the rules aren’t being followed, but is that the rules are apparently being made up on the spot or are being applied in an arbitrary and capricious manner.
Carla Massoni says
Keith – First Fridays began as an initiative by a group of art groups and antiques dealers as a way to invite our local community to enjoy the arts and THEIR downtown. It was never planned as a tourist attraction – just a neighborhood party if you will. First Fridays just existed – we got permission to have an “open container” exception so folks could wander from store to store with a glass of wine. That is the only “oversight” the Town had over the evening. The Farmer’s Market has always been its own entity and as far as I know was managed as a market under the guidance of the Town. Music in the Park was another separate program. Many of these activities in our town are “organic” – they just grow and develop. The Town at one point was asked by charitable groups if they could sell tickets or put up tables for First Friday – when it became clear that there was no single entity called “The First Friday Group” it was suggested that the DCA take First Friday under its wing. It has always been my impression that our Mayor and Council do not seek to “micro-mange” – or over regulate these community efforts but to let them unfold and prosper as they have done in the past. The only rules I know of are limited to the Farmer’s Market. First Friday was always a party – that is why you could play – the individual business you played in front of asked you to participate and use their venue to set-up. Occasionally the KCAC would pay for strolling musical groups to entertain during Downrigging or Christmas. Sadly, I am afraid we will all have many more RULES to follow as a result of this tempest in a teapot. But the only set of rules in effect that I am aware of were those related to the Farmer’s Market and the Music in the Park program. It would appear that your group of artisans overstepped their bounds in inviting you to play in the park. Whereas the merchant who owns or rents the property you were invited to play in front of during a First Friday celebration is a different situation altogether. Sad state of affairs for something so joyful as music. Maybe cooler heads will prevail in the future. Pointing fingers can put out your eye – or that of an innocent bystander.
Keith Thompson says
Carla, whether or not the artisans group overstepped their bounds in booking for music performers and applying for the permits is immaterial to my point; the restrictions on musicians playing for tips came from the town, not the organizers of the market. If the restrictions came from the organizers of the Farmer’s Market there wouldn’t be an issue and I wouldn’t be complaining, but again the restrictions came from the town. I repeat (for emphasis) that the restrictions on playing for tips came from the town. Keep in mind it wasn’t a vendor, a customer, or a Farmer’s Market organizer that cursed at a 12 year old girl playing her guitar with a hat out at the market; but it was the mayor. The girl is the innocent party here and I wasn’t the one who poked her.
I agree with you that hopefully cooler heads will prevail here, but that’s largely in the hands of the town leaders who need to recognize that restricting the ability of a musician (or any other artist) to earn tips when they are othewise being uncompensated is insulting and runs contrary to the town’s carefully manicured aim to be an arts friendly town. I’m not the only musician who was affected by the town’s arbitrary policy here and I’m wondering how much the singer/guitarist from Baltimore who also refused to perform is badmouthing Chestertown to her friends and fellow musicians.
If this does lead to even more rules, as you suggest, that only proves my point that the town is exerting too much control and the town now runs into the possiblity of drafting ordinances that will violate the First Amendment. Keep in mind that when challenged in court, anti-busking ordinances generally get shot down when challenged in court.
Kevin Shertz says
Keith, it seems the Town’s enforcement philosophy has failed to distinguish between busking and aggressive panhandling. I think most rational people can distinguish the difference between the two (hint: if someone approaches you and asks for money in exchange for a service they’ll deliver to you after receiving said money, it’s not “busking.”)
No doubt, they’ll get the difference resolved. I wish all problems our community faces were this easy.
Carla Massoni says
Amen.
Keith Thompson says
Enforcement philosophy????? How does one enforce an ordinance that doesn’t exist? I agree with you that it’s easy to distinguish between busking and aggressive panhandling, but that’s not the issue here. The issue is excessive control. If Tojo were showing up at the Farmer’s Market unannounced and asking for tips, he is trespassing and can be asked to leave. If a group is going through the permitting process to book musicians to play for the Farmer’s Market, the town has no right to restrict that musician’s right to earn money from that performance especially if an artist, craftsperson or a business is allowed to sell their art or produce there. You’re absolutely right that resolving this issue is easy and the resolution is for the town to simply acknowledge that musicians have a right to collect tips. It’s the town’s stubborn insistance that they have complete control over what happens on public property that is making the issue difficult.
Keith Thompson says
Carla, if you applied for a permit to do an artist’s show at the Farmer’s Market and then you had to tell the artist that they are not allowed to sell any of their paintings because of town policy; you wouldn’t then be saying amen.
Kevin Shertz says
Keith wrote: “Enforcement philosophy????? How does one enforce an ordinance that doesn’t exist?”
Yes… and I never said an ordinance did exist. That’s because no ordinance on busking currently does exist. Enforcement is solely based on nebulous concepts like “intent” and “public interest,” I guess, and then, next thing you know, there’s a lawyer’s bill on your desk. 😉
Will there end up being a busking ordinance of some sort? I’d bet so, and I hope you’re at the table for the conversation in some form so that the rights of musicians are correctly protected and whatever concerns the Town has are also addressed.
I think that’s what Carla was expressing when she said “amen” — that it will hopefully be resolved to everyone’s satisfaction in due time.
Keith Thompson says
Kevin, whether or not the town intends on passing a busking ordinance; the town has already overstepped its bounds by enforcing a policy that doesn’t exist. A future busking ordinance doesn’t clear the town’s current wrongdoing which is bruskly telling a 12 year old girl to put away her hat while playing guitar in her grandparents’ space at the Farmer’s Market. No matter how much the mayor doesn’t like Royal Farms, she couldn’t go in the store and demand they stop using plastic bags until the town actually passed an ordinance banning them.
Kevin Shertz says
Then get yourself a lawyer to make that case, Keith, and godspeed. (Providing what you allege may not be as easy as you think.)