Street Performers Prohibited in Santa Rosa?????!!!!!
Alright, you all. I know it's been a long time, but it's been a tough couple of months. Here's the short of it. (ok, so it's really the long of it)
Went back to school, got a job, had to quit teaching, lost job, my van caught on fire and burned up leaving nothing but a charcoal husk, have been suffering from major depression, today was a good day, so I got proactive and decided I might do some street performing like the good 'ol days. After all, gotta pay rent.
I got on the internet to see if my city had any ordinances prohibiting it, and it doesn't...however my city seems to unofficially equate skilled busking by a college educated professional musician with panhandling (aggressive begging), an activity that Santa Rosa does have an ordinance against and has been actively enforcing lately. There is nothing in the ordinance that mentions live performances for donations. However, I read someone's MySpace blog during my search that no busking or was allowed in Santa Rosa. Hmmmm.
Not that I care that some cop might come and ask me to move along, but I wanted to be armed with as much accurate legal-ese information as I could before subjecting myself to a potentially unwelcoming situation. Knowledge is power after all. Not only that, but if it is true that playing music in public for donations (or not) is prohibited in downtown Santa Rosa, that's just wrong. It's a violation of every musician's 1st amendment right and someone has to do something about it...why does it always have to be me? Whine, moan, groan. Ahem, ok I'll get on with the story.
So I searched the City web site and found a blurb that the new "Art District" has a new permit that downtown businesses can get to allow hired entertainers stand outside their places of business and perform. I decided to start there. Made a few phone calls and searched for some legal precedent for what I want to do. This is what happened:
Today on 11/18/08 at about 1:30PM, I spoke with the following City of Santa Rosa, CA departments and individuals asking simply, what do I need to do to get a permit to do street performing in downtown Santa Rosa:
First I start with a call to the Chamber of Commerce
-They told me I needed to speak with Business Licensing and transferred me to 543-3170
Business Licensing told me
-Since I already have a tax ID number they were satisfied I met the requirement to sell CDs. For the street performer permit, though, I should talk with Community Development 543-3223.
So I call Community Development
-I spoke with Sean and some unidentified lady who told me they do not issue permits for street performers, and when she asked me to clarify what I wanted to do, and I answered play music, accept donations, insinuated I would be panhandling and that panhandling was prohibited in Santa Rosa. I assured her that it would be traditional street performance and not panhandling. She then informed me that if one wants to perform at Courthouse Square, the City Manager is in charge of issuing permits for this. If one wants to perform on the sidewalks downtown, the Easement/Public Works Department would need to issue a permit. If in a city or County Park, the Parks and Recreation Department need to approve. She told me to first call the City Manager at 543-3010.
By then I knew I was getting the runaround, so out of curiosity and brute stubbornness, I decided to see how far I could get in the bureaucracy...So I called the City Manager
-Spoke with Katy who transferred me to Stephanie (remember that name cause we're coming back to her later) who told me they do not issue permits for street performers at courthouse square or the surrounding areas, just for special events, and I would be asked to move along if I was caught loitering with a musical instrument there. I asked who I should contact to use the sidewalks in the downtown area instead. She said I needed to talk to the police. I decided to leave the police for last and went on to my next contact.
Next I called Public Works/Easements
-543-3800 Spoke with Blanca who told me they do not issue permits for sidewalk performers unless there is an encroachment issue which a single person with an instrument would not pose. They are concerned with just not having any walkway or street blocked, that I would need to contact the Police Department to obtain needed sidewalk performer permit.
So I called the Santa Rosa Police Department
-Spoke with Ken, bless his heart, who said I would need a solicitors permit and transferred me to Patricia who is in charge of these permits. Patricia told me those permits are only for individuals going door to door soliciting and not for street performers. She said I need to talk to the City Manager for a street performer permit. I informed her I already spoke with the City Manager (as well as the Public Works, the Community Development Department, Business Licensing, and the Chamber). She patiently listened to my story, placed me on hold and asked around who I'm really supposed to talk to. She came back with the name Stephanie (*remember Stephanie from earlier?) Ocuna at the City Manager's office at 543-3011 and informed me she would be back in the office Thursday, November 20, 2008.
So I again called the City Manager and finally:
-Left a voicemail for Stephanie Ocuna.
It appears that the City of Santa Rosa has no process for obtaining a permit for street performing. It appears that there is no ordinance against street performers for donations in Santa Rosa. And it also appears that individuals participating in such activities are unlawfully told by police to "move along".
Today has been a day for cathartic writing, so I penned this letter to take with me when I go to test my theory tomorrow. Please tell me what you think and if I should even bother:
Dear Officer/Concerned Citizen,
I have contacted the appropriate departments to obtain the necessary permits for conducting sidewalk performance in downtown Santa Rosa - below this note; you will find a documentation of the process as it stands.
I wish to have my presence as a professional working street musician in downtown Santa Rosa to be approved and sanctioned. I have a college education. I am employed. I present and conduct myself professionally. I have the intention of bringing the time honored tradition of sidewalk performance to our downtown for two reasons, first to enhance the ambiance of our downtown area making it more appealing for shoppers and tourists and second, to breathe life back into our musical culture that is rapidly disappearing with the closures of so many venues in these difficult economic times. As a result, busking is a necessary part of many musician's marketing plans and livelihood. I am willing to do whatever is necessary to obtain the necessary permits for this. However, it does not appear that the City of Santa Rosa has an official system in place for this as of yet.
In the meantime, according to Davenport v. City of Alexandria, Virginia (1983) and several other legal examples, I have a constitutional right to perform music for donations in any public area as long as I do not obstruct walkways, pose a hazard, and am not in violation of any ordinances. My instruments are well under city decibel limits and I perform well within noise curfews. I never ever harass individuals, nor ask them for money. If they give it freely- Great.
I ask you to please allow me the dignity of pursuing my profession in a safe, well lit, public, decently trafficked and populated location, without treating me like a vagabond or panhandler. I am neither, and honestly I take offense at the idea that a musician that has worked so hard to become what you see before you may be denied basic first amendment rights due to ignorance and discrimination.
If you still feel you need to ask me to move on, please do so respectfully. I may respectfully decline. If you feel you need to give me a ticket, or harass me in any way, be prepared to quote whatever ordinances you feel I may be violating, and be prepared to face me in court. I will take legal action for the right to busk in downtown Santa Rosa (after all, for me it is how I pursue life, liberty, and the pursuit of happiness).
Sincerely,
Angelena Kyzar-Crowhurst
Professional Musician
Resident of Santa Rosa
Went back to school, got a job, had to quit teaching, lost job, my van caught on fire and burned up leaving nothing but a charcoal husk, have been suffering from major depression, today was a good day, so I got proactive and decided I might do some street performing like the good 'ol days. After all, gotta pay rent.
I got on the internet to see if my city had any ordinances prohibiting it, and it doesn't...however my city seems to unofficially equate skilled busking by a college educated professional musician with panhandling (aggressive begging), an activity that Santa Rosa does have an ordinance against and has been actively enforcing lately. There is nothing in the ordinance that mentions live performances for donations. However, I read someone's MySpace blog during my search that no busking or was allowed in Santa Rosa. Hmmmm.
Not that I care that some cop might come and ask me to move along, but I wanted to be armed with as much accurate legal-ese information as I could before subjecting myself to a potentially unwelcoming situation. Knowledge is power after all. Not only that, but if it is true that playing music in public for donations (or not) is prohibited in downtown Santa Rosa, that's just wrong. It's a violation of every musician's 1st amendment right and someone has to do something about it...why does it always have to be me? Whine, moan, groan. Ahem, ok I'll get on with the story.
So I searched the City web site and found a blurb that the new "Art District" has a new permit that downtown businesses can get to allow hired entertainers stand outside their places of business and perform. I decided to start there. Made a few phone calls and searched for some legal precedent for what I want to do. This is what happened:
Today on 11/18/08 at about 1:30PM, I spoke with the following City of Santa Rosa, CA departments and individuals asking simply, what do I need to do to get a permit to do street performing in downtown Santa Rosa:
First I start with a call to the Chamber of Commerce
-They told me I needed to speak with Business Licensing and transferred me to 543-3170
Business Licensing told me
-Since I already have a tax ID number they were satisfied I met the requirement to sell CDs. For the street performer permit, though, I should talk with Community Development 543-3223.
So I call Community Development
-I spoke with Sean and some unidentified lady who told me they do not issue permits for street performers, and when she asked me to clarify what I wanted to do, and I answered play music, accept donations, insinuated I would be panhandling and that panhandling was prohibited in Santa Rosa. I assured her that it would be traditional street performance and not panhandling. She then informed me that if one wants to perform at Courthouse Square, the City Manager is in charge of issuing permits for this. If one wants to perform on the sidewalks downtown, the Easement/Public Works Department would need to issue a permit. If in a city or County Park, the Parks and Recreation Department need to approve. She told me to first call the City Manager at 543-3010.
By then I knew I was getting the runaround, so out of curiosity and brute stubbornness, I decided to see how far I could get in the bureaucracy...So I called the City Manager
-Spoke with Katy who transferred me to Stephanie (remember that name cause we're coming back to her later) who told me they do not issue permits for street performers at courthouse square or the surrounding areas, just for special events, and I would be asked to move along if I was caught loitering with a musical instrument there. I asked who I should contact to use the sidewalks in the downtown area instead. She said I needed to talk to the police. I decided to leave the police for last and went on to my next contact.
Next I called Public Works/Easements
-543-3800 Spoke with Blanca who told me they do not issue permits for sidewalk performers unless there is an encroachment issue which a single person with an instrument would not pose. They are concerned with just not having any walkway or street blocked, that I would need to contact the Police Department to obtain needed sidewalk performer permit.
So I called the Santa Rosa Police Department
-Spoke with Ken, bless his heart, who said I would need a solicitors permit and transferred me to Patricia who is in charge of these permits. Patricia told me those permits are only for individuals going door to door soliciting and not for street performers. She said I need to talk to the City Manager for a street performer permit. I informed her I already spoke with the City Manager (as well as the Public Works, the Community Development Department, Business Licensing, and the Chamber). She patiently listened to my story, placed me on hold and asked around who I'm really supposed to talk to. She came back with the name Stephanie (*remember Stephanie from earlier?) Ocuna at the City Manager's office at 543-3011 and informed me she would be back in the office Thursday, November 20, 2008.
So I again called the City Manager and finally:
-Left a voicemail for Stephanie Ocuna.
It appears that the City of Santa Rosa has no process for obtaining a permit for street performing. It appears that there is no ordinance against street performers for donations in Santa Rosa. And it also appears that individuals participating in such activities are unlawfully told by police to "move along".
Today has been a day for cathartic writing, so I penned this letter to take with me when I go to test my theory tomorrow. Please tell me what you think and if I should even bother:
Dear Officer/Concerned Citizen,
I have contacted the appropriate departments to obtain the necessary permits for conducting sidewalk performance in downtown Santa Rosa - below this note; you will find a documentation of the process as it stands.
I wish to have my presence as a professional working street musician in downtown Santa Rosa to be approved and sanctioned. I have a college education. I am employed. I present and conduct myself professionally. I have the intention of bringing the time honored tradition of sidewalk performance to our downtown for two reasons, first to enhance the ambiance of our downtown area making it more appealing for shoppers and tourists and second, to breathe life back into our musical culture that is rapidly disappearing with the closures of so many venues in these difficult economic times. As a result, busking is a necessary part of many musician's marketing plans and livelihood. I am willing to do whatever is necessary to obtain the necessary permits for this. However, it does not appear that the City of Santa Rosa has an official system in place for this as of yet.
In the meantime, according to Davenport v. City of Alexandria, Virginia (1983) and several other legal examples, I have a constitutional right to perform music for donations in any public area as long as I do not obstruct walkways, pose a hazard, and am not in violation of any ordinances. My instruments are well under city decibel limits and I perform well within noise curfews. I never ever harass individuals, nor ask them for money. If they give it freely- Great.
I ask you to please allow me the dignity of pursuing my profession in a safe, well lit, public, decently trafficked and populated location, without treating me like a vagabond or panhandler. I am neither, and honestly I take offense at the idea that a musician that has worked so hard to become what you see before you may be denied basic first amendment rights due to ignorance and discrimination.
If you still feel you need to ask me to move on, please do so respectfully. I may respectfully decline. If you feel you need to give me a ticket, or harass me in any way, be prepared to quote whatever ordinances you feel I may be violating, and be prepared to face me in court. I will take legal action for the right to busk in downtown Santa Rosa (after all, for me it is how I pursue life, liberty, and the pursuit of happiness).
Sincerely,
Angelena Kyzar-Crowhurst
Professional Musician
Resident of Santa Rosa