[IMC-Boston-Dispatch] Boston Street Artists Press Conference Tuesday, August 30, 2005at 10 AM; Boston Common

Fri Aug 26 08:22:36 PDT 2005

Press Release

Regarding: Boston Street Artists Current Status and ongoing Issues
after revocation of a repressive city ordinance and police rule in  
Federal
Court

When: Tuesday, August 30, 2005 at 10 AM

Where: Boston Common at the  French Fountain, Boston, MA
(Rain site: Perkins, Smith & Cohen, LLP, One Beacon Street, Boston, MA)

Who: Stephen Baird of Community Arts Advocates, Inc., with Darrell  
Keighley,
Lisa Housman, Dave Falk, and other artists

Contact:

Stephen H. Baird, Community Arts Advocates, Inc., PO Box 300112, Jamaica
Plain, MA 02130-0030 phone: 617-522-3407 email:
info at communityartsadvocates.org web site:
http://www.communityartsadvocates.org

Jerry Cohen, Perkins, Smith & Cohen, LLP, One Beacon Street, Boston, MA
02108
phone: 617-854-4000, fax:    617-854-4040, email: jcohen at pscboston.com

Statement:

The existence in the City of Boston of Street Artists provides a public
amenity that enhances the quality of life and  character of the city  
and the
city seeks to encourage such performances and artists to the extent that
they do not interfere with the reasonable expectations of residents  
to the
enjoyment of peace and quiet in their homes or the ability  of  
businesses to
conduct their business uninterrupted.  All seek to balance the
Constitutional First Amendment Rights of the Street Artists with  
those of
the residents and businesses of the City of Boston.

The street  artists of the Boston area  have accomplished a  
revocation of a
repressive city ordinance and police rule and an improved protocol for
police to deal with street artists. But police compliance with the new
protocol has been hit or miss, private businesses are trying to pre-empt
public spaces and there remain ambiguities; these still put street  
artists
in fear and limit the public amenity they provide and their freedom of
expression. Stephen Baird of Community Arts Advocates, Inc., together  
with
several artists affected by the present problems, will present a press
conference on Boston Common at the  French Fountain on Tuesday,  
August 30,
2005 at 10 AM to show some of the remaining problems, perform in various
ways representing the street life contributions of the artists and  
present a
proposed city ordinance for Boston (based on existing and well working
procedures in Cambridge and several other U.S. cities).Also presented  
is a
long standing  Code of Ethics for street performers well understood and
implemented  by most of artists voluntarily.

The proposed ordinance has the following features:

Permitted Activities:

Street Artists may use electric or electronic amplification. The  
conduct and
behavior of all Street Artists will be in compliance with the  
existing Noise
ordinances and codes.

Street Artists may not block the passage of the public through a public
area. If a sufficient crowd gathers to see or hear a performer such  
that the
passage of the public through a public area is blocked, a police  
officer may
disperse the portion of the crowd that is blocking the passage of the
public, but said police officer shall not cause the performer to  
leave the
location.

Street Artists may accept contributions of money or property at a  
sidewalk
drawing display, sidewalk art display, and performance including the  
artists
own musical and video recordings. Contributions may be received in any
receptacle.

Activities by Street Artists may take place between 7:00 a.m. and  
l1:00 p.m.

No permit is required from the City of Boston or other government  
agency for
such activities within Boston city limits.

The following definitions apply:

--The term, "Street Artists," includes, but is not limited to, the  
following
activities: (a) Acting, singing, playing musical instruments, pantomime,
juggling, magic, puppetry, dancing, reciting;  (b) Sidewalk Art  
rendered by
Sidewalk Artists working with non-permanent water-soluble media, ie  
chalk,
pastels or watercolors directly upon the pavement.

--The term, "Sidewalk Art," means original works of art including but  
not
limited to pavement renderings as described above and also portable art
works displayed upon publicly owned sidewalks and park strip areas,  
or in
city operated parks and the artist making and/or selling such art in  
such  a
public space  is a Sidewalk Artist. Sidewalk Art does not include: 1)  
any
artwork produced by any person other than the sidewalk artist  
displaying the
artwork, 2) any artwork purchased or taken on consignment and held for
resale, or 3) any clothing other than jewelry and other accessories  
or hand
painted or tie dyed garments, which if containing mass produced or
commercially manufactured parts, such mass produced or commercially
manufactured parts, have been assembled by the artist and are not the
predominant element of an item sold.

[NOTE: All this can also be the core of an appropriate ordinance with  
usual
format adjustments for that purpose]

Street Artists Code of Ethics

1. We acknowledge each individual's First Amendment/Self Expression  
Rights
with mutual respect and in cooperative spirit.

2. Spaces are allocated on a first-come-first-serve basis. Artists are
encouraged to share spaces.

3. Artists should not set up within 50 feet of another artist(s) without
first consulting with that artist(s). Rotating sets are encouraged in
crowded situations.

4. Artists should generally not be heard more than a 25 foot radius from
their performance site. Loud and amplified instruments/voices heard  
beyond
25 feet are considered an infringement upon other artists' First
Amendment/Self Expression Rights.

5. Artists using loud and amplified instruments/voices are encouraged  
to:
a. Find locations that conflict or interfere with the fewest artists and
cause fewest community complaints.
b. Turn amplifiers/drums/loud instruments in toward walls and/or  
baffle with
blankets to dampen and confine sounds to immediate area.
c. Schedule and/or rotate performance times that conflict or  
interfere with
the fewest artists and cause fewest community complaints.
d. Consult with other street artists in immediate performing area about
volume and seek mutual solutions.

6. Street artists acknowledge the importance of the streets and parks  
as an
historic forum for all artists and community members, acknowledge the
importance of the cultural diversity expressed on the streets and in  
parks,
and acknowledge the importance of the street arts in the continuing  
growth
of a world community.

Background information on court case and Boston street performance  
history
at:
http://www.CommunityArtsAdvocates.org/saahistoryBoston.html

Copy of proposed ordinance PDF format:
http://www.communityartsadvocates.org/images/SAABostonPics/ 
ProposedReg.pdf

Additional interviews can be scheduled upon request.

Contact:

Stephen H. Baird
Street Arts and Buskers Advocates
Community Arts Advocates, Inc.
PO Box 300112
Jamaica Plain, MA 02130-0030
phone: 617-522-3407
email: info at communityartsadvocates.org
web site: http://www.communityartsadvocates.org

Jerry Cohen
Perkins, Smith & Cohen, LLP
One Beacon Street
Boston, MA 02108
phone: 617-854-4000
fax:    617-854-4040
email: jcohen at pscboston.com