oot
Tambourines
Geof plays violin, viola, cello, guitar (bass, six-string and twelve-string steel, classical), mandolin, flute, conga, cajon, harmonica and tambourine – but not all at the same time. He has also been known to annoy the neighbors with sonic experimentation with ukulele, saxophone, trumpet and unspecified contraptions which defy categorization. The first time he played on the street, violin, 1999 the cops visited him and ever since, he has been a student of the relationship between the law and buskers. He applies his degree in History to observations on the storied saga of musicians and the established order over time, and sees street performance as a means to subvert the status quo in favor of human liberation. He is also fond of animals, notably his companion Wolfgang Amadeus Lillihammer, a fifty pound pit bull. Unsurprisingly, since the beginning of their collaboration, no one has attempted to grab his tip jar when the two have appeared on the streets!
“I now took fancy to poetry, and made some little pieces. My brother... put me on composing two occasional ballads... wretched stuff, in the grub-street ballad style, and when they were printed he sent me about the town to sell them. The first sold wonderfully...my father discourag'd me. Verse-makers were always beggars; so I escap'd being a poet, most probably a very bad one.”
Benjamin Franklin, from his Autobiography
"Street performers have been performing in public for coin as a centuries old practice. In the twenty-first century as less and less coins are carried, buskers are having to rethink the nature of exchange between the performers and the audience through the mobilization of digital payments."
Meg Elkins, et al
Everyone has the right to freedom of … expression; this right includes freedom to... seek, receive and impart information and ideas through any media…[and] the right to freedom of peaceful assembly and association.
Universal Declaration of Human Rights Articles 19 & 20
"Busking is a very humble and brave act that takes courage to do well. It's also about the energy of music being alive outside in a city... You're able to gauge who you live with on earth."
Ketch Secor, Old Crow Medicine Show
On one level, street performing is simply showmanship - the ability to engage and entertain people. It can be a positive force creating community. It can promote democracy, bringing attention to issues that need attention, or simply provide a relaxing diversion for listeners. This is a good thing, insofar as it builds conviviality and solidarity among people.
This stabilizing effect has been used through the centuries to divert mass discontent. Bread and circuses maintain stability, but sometimes the bread runs out, often as not because corrupt rulers are robbing the people. During these times, the power elites become wary of the troubadours. History is replete with instances in which certain songs, instruments and musical styles have been banned by occupiers or social elites
Busking in the Western democracies at this time remains a civil of right and generally tolerated. “Understandings of freedom of speech have for a very long time been dominated by the law and theory of the first amendment to the constitution of the United States,” according to University of Melbourne Professor Adrienne Stone. However, Australia does not have express protection written into its constitution. Liberty of expression is derivative from a High Court ruling which protects political expression. This can be problematic for instrumentalists but as a practical matter probably Australia has the most vital busking scene of any English-speaking country, so it is moot.
Nevertheless, buskers are frequently challenged as to time, manner and place in which they may exercise such freedoms as they do have. The United Kingdom has been hit with increasingly draconian restrictions in recent years, under one pretext or another, and in some cases generalized contraction of liberty of expression impacts buskers. Nor is there constitutionally-protected expressive activity.
Prior to Brexit, the rule of law was the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION. Article 11, Freedom of expression and Article 12 freedom of peaceful assembly and to freedom of association. These still apply throughout the EU, but busking there was sharply curtailed during covid and is realigning as pandemic concerns linger. Some of the more dramatic protests and high profile crimes also have a dampening effect on civil liberties and contribute to an air of repression which affects official attitude towards street performer.
The upside is that street performers serve a critically important role in pushing back against official arrogance and state control. Assertion and maintenance of the right to busk is a sacred duty. People have died in defense of the freedom of which busking is a prime expression: bear this in mind the next time someone tries to deprive you of the right.
Busking is the very essence of the human struggle for art and freedom.
Busking can be politically and legally dangerous
Currently, the power elites in some societies suppress buskers ruthlessly. At press time, one must be extremely careful about any kind of street performance in plaes like Moscow, Damascus or Hong Kong. The authorities in these places are ruthlessly suppressing freedom of expression. In Russia, you could spend fifteen years in prison, or be sent to the front, if they even think that your songs imply criticism of their invasion of Ukraine.
Pro Tip: If your rights are subject to harassment by some kind of authority figure you might be able to leverage the saga of your resistance into your overall presentation as an artist. Video every second of any encounter with them or wirh private security. If your rights are being suppressed, there are many things you can do to fight back. You can go to the press, issue a press release. On one occasion, I went to the local newspaper and sat down with the editorial director after getting witness statements about police harassment. This resulted in a quarter-page news report which forced an internal investigation and transfer of two officers.
You can write and perform a ballad about what you have been put through. Thing of the song “Signs”. That is a vibe that can be very effective. You can even publish a song about the pattern of police misconduct, or print essays, poems, or factual reports. You can go to the county board and speak at public comment or record a video about the harassment and upload it to the web. Sometimes donations flow for those who courageously fight the system to protect and extend buskers’ rights.
Other societies tolerate buskers, perhaps as a form of “bread and circuses” to pacify the masses. Often the ruling classes suppress buskers, musicians and the culture of occupied peoples. There are many examples throughout history ranging from the English laws against Irish fiddler to the ban on native American Indian language and poetry to constrictions on Africans in bondage throughout the Western hemisphere.
Despite attempts to eradicate it, busking has survived as an important part of our culture, as it creates helps spread a spirit of neighborliness, generosity and appreciation of culture. This can take the form of introducing different cultures to people in a diverse community; on the other hand, it can reinforce the dominant cultural norms of the majority, leaving minorities sidelined.
Thus busking can function either as a means to liberation of marginalized groups of a means to reinforce the status quo and the pre-existing power structures. It has been used for both purposes. Street theater was a big part of Maoism, one of the most devastating social disruptions in history. Perhaps the quaint plays were one little spot of light in a nightmarish dark landscape. And certainly the rigid grip of Stalin on artists such as Shostakovitch, not unlike the relationship between Leni Reifenstahl and her sponsors, offer examples of performance art serving a totalitarian state. However, artists who busk escape the scrutiny of the overlords. One can expect that an examination of the historical record will reveal that street musicians played a role in the Hungarian uprising and the Prague spring when the masses rose up against Soviet authority. Across the Atlantic, street theater and puppet shows were a part of the student occupations and singers like Joan Baez, Pete Seeger and Bob Dylan reinterpreted Americana in service of liberation. Mississippi John Hurt broke onto the scene and the blues were discovered and revitalized popular music in America and the UK. Busking is always going on and reflects these social functions with a decided bent towards freedom.
Nevertheless, those with conservative inclinations appreciate how music keeps culture alive. This includes the ballads and tunes of the British Isles and northern Europe. These are generally regarded as the socially dominant culture in the US, Australia and New Zealand.
Musicians thus bridge the distance between conservatism and progressivism. Willie Nelson was emblematic of this when he united the hippies and the cowboys. Nowadays it is commonplace to see the latter smoking weed and sporting long hair and beards, but there was a time when things were not that way.
Irish music is a special case. It appeals to both right and left; a sort of political truce is not uncommon in North American session music where often extreme political differences are put aside.
Its’ musicians keep alive the memories of the harsh bygone days with traditional fiddle tunes and compositions such as “Back Home in Derry”, which sings of the deportation of Australia of rebels who were prosecuted by Britain. Buskers also play music of Scandinavia and Germany, the latter particularly in the field of classical music, as well as Italian compositions such as Vivaldi’s ever-popular Four Seasons.
This reflects the melting pot nature of the English-speaking world outside of Great Britain, but buskers develop a keen awareness of traditions local to their nation and even their specific local. Thus buskers all over the world will play music of the Appalachia, bluegrass, old-time and use instruments familiar to string band aficionados, including washboards and washtub cellos. This kind of busking dignifies the dominant culture, which is often intermingled with indigenous and slave influences. The banjo, after all, is an adaptation of an African tradition, yet it is perfectly acceptable to include in old time string bands in the most conservative venues in the Deep South.
All of this is capable of being performed in a manner that will alienate no one in an audience who probably have diametrically opposite political opinions. Thus, music offers a way to get people to put aside their differences, even if only for a short while, and enjoy the creative impulses of our shared humanity.
Music
creates peace wherever it goes and it almost never fails. Even when
Europeans were engaged in the First World War, British and German
soldiers laid down their arms and sang “Silent Night”
together, a true story which is highly instructive on many levels.
As a street
musician, you will encounter all kinds of people. Personally,
I try to abstain from discussing politics and religion when engaged
in busking. I feel almost an obligation to free people from the
polarization which inevitably ensues when these topics come up.
Some buskers take the exact opposite approach and use their music as a means to put across specific political messages. This may work for you and can be an interesting craft. It is difficult to thread the needle but many musicians carefully articulate causes that they advocate for that are designed, like music, to unite rather than divide people.
Considering that music is the common heritage of all people, it has a way of leading the way. Sometimes if you just stick to the songs, people who might otherwise not be very friendly will lighten up enough to enjoy a song well played.
Even Many Performers Believe Some of These Falsities!
1. Busking is not “speech” and therefore not Constitutionally-protected
False. The US Supreme Court held “Music is one of the oldest forms of human expression. From Plato’s discourse in the Republic to the totalitarian state in our own times, rulers have known its capacity to appeal to the intellect and to the emotions, and have censored musical compositions to serve the needs of the state. The Constitution prohibits any like attempts in our own legal order. Music, as a form of expression and communication, is protected under the First Amendment.” Ward v. Rock Against Racism.
2. It's all about finding a "hot spot".
False. The so-called "hot spots" are usually over-populated with competing performers. The key is to find your niche, often a little-known place where the people are friendly and appreciative.
3. Busking is "easier" than "real gigs".
False. Busking is as serious as a heart attack, as demanding as any venue you may book play, and usually more dangerous. Many constraints apply to busking which do not exist at the local wine bar, where the patrons are in a good mood putting on a buzz. Security is great at most venues, some even have bouncers that look like The Terminator. Sadly, “out on the streets there is violence”, as Eddy Grant put it in “Electric Avenue”. This is discussed elsewhere in this book, in the section on the Dark Side of Busking.
4. Busking is "practice".
False. It is a pursuit on its own merits, with its own objectives, which may include self-promotion, communicating viewpoints, public education, generating income, and so on. This differs from the objectives of correct performance practice, which entails repetition of specific techniques to improve specific skills, such as playing scales. Composed music written for the purpose of practice consists of what are called "etudes" and, while often pleasing, they are not designed for audiences.
Of course, we would all love to watch Joshua Bell, Yo-Yo Ma or Hilary Hahn "practice", but what they do when they practice and what they do or would do if they were busking are two different things. For instance, they might practice obscure difficult maneuvers that Paganini supposedly was capable of pulling off; they would not attempt something like that in a public place. We mere mortals are no different. People who equate busking with practice simply have no idea what practice is, and ipso facto, no clue what busking is.
5. Busking is "rehearsal".
Generally untrue. While it is theoretically possible to simultaneously busk and rehearse, they are two different things. Imagine a Venn diagram. One circle is busking. Another circle is rehearsal. Granted, there is a very small overlap, the set of "both". But there are major distinctions between them. The focus of a rehearsal is to prepare for an upcoming show under conditions replicating those anticipated at the performance. This is preferably conducted at the planned venue, or in a private studio where the performers can concentrate on preparing. Busking is by definition not at either of these two types of rehearsal spaces. If the performance is at Carnegie Hall or the Fillmore West, that's not busking. If it is at Abbey Road or Pirate Studios, that's not busking. Secondly, busking entails interaction with the audience. Every accomplished busker will tell you that; interaction with the audience is a canonical skill set of buskers.
Rehearsal requires focus on the performance, and interruption by spectators is discouraged during rehearsals. Hence the trope of the irritable creative artist who demands not to be interrupted when rehearsing or practicing!
A rehearsal requires a specific set list, libretto, or score. Busking audiences do not persist anywhere near as long as the audience for a scheduled performance, which is typically an hour and a half or more. Admittedly, a busker could run through a set list that is intended for a future gig. That might technically qualify as a rehearsal, in a loose sense. But If you are lucky enough to watch a local orchestra rehearse at the concert hall, you will immediately recognize how very different that process is from busking. Theoretically, a string quartet could set up in a public place and play exactly what they are booked to perform later that evening. That would qualify as both a rehearsal of sorts and as busking, but it is the exception and not the rule. Busking and rehearsal are two different things, and usually it is one or the other. Seldom both at once.
6. Busking is necessarily “for tips”.
False. As stated above, there are many reasons to busk, including self-promotion, communicating viewpoints, public education. People who disagree with my opinions may also argue that busking can be for other reasons which I reject as true busking, such as rehearsal and practice.
7. Busking is begging, panhandling or similar thereto.
In a study by Differentiating busking from begging: A psychological approach
In December 2021 social scientist Robbie Ho published findings “to clarify the difference between busking and begging: Street performance is not merely an act of soliciting donations in public space, but it also possesses artistic and entertaining qualities that can in turn make public space more favorable … performers intended to provide entertainment, share and promote arts and culture, and help to enhance the sociality and conviviality of public space. Street performers treated street performance as hard work that required them to put effort into performing.”
I rest my case. You may find a link to Professor Ho’s work in the bibliography at the back of this book.
“Let me introduce to you, the act[s] you've known for all these years…” Lennon & McCartney
You will find it said that many famous people “got their start” busking; true in a sense, and there are enough amazing performers to fill a whole book. However nobody really starts on the streets, the start is when the musician first picks up a musical instrument and receives instruction.
I was lucky because my grandfather gave me a violin and taught me to play Schubert’s “Serenade” and then I went on to start with school orchestra in the third grade. Learners start out with those first clumsy tries, then some scales, chords and simple tunes. It takes diligent practice generally for many years before one is fit to play the street, but it is not necessary to play at a professional standard. So nobody really “starts out” busking, it is a reward for learning how to play an instrument. Another misconception is that the famous buskers earned some or all of their early fame playing the streets and that is sometimes the case. But some big name acts have gone busking, and you can see online video of famous acts like U2 and Maroon5 busking, long after they made their name. In any case, the artists listed below are all purported to have had significant histories busking; it is impossible to include even a tiny fraction of the great buskers in one volume – a compendium would really amount to an Encyclopedia of Busking. In lieu thereof, I have tried to include a few acts that are particularly engaged with street performance but who may have escaped your notice.
Artis the Spoonman plays percussive cutlery, flute and recorder and was a force in the creation of the busking covenants which regulate street musicians at the Pike Place Market, a major tourist destination. The consummate street performer, he is the most famous silverware percussionist of all time. He plays PPM with folk guitarist Jim Page and has played sidewalks and plazas worldwide. His collaborations include k.d. lang, Itzhak Perlman Frank Zappa, Aerosmith, Phish and Soundgarten. I met him at a meeting of the ongoing oversight committee and he was a humble, friendly dude.
Cirque du Soliel emerged from the street performers in Quebec (Leslie & Rantisi, 2011).
“B.B. King,” (Riley B. King) played his guitar for change on the streets of Mississippi. He would perform in up to four different towns a night. Eventually, he made it big in Memphis and he is now a household name.
Robin Williams. While at Julliard School he worked as a mime outside of The Museum of Modern Art for some extra cash. He went on to win an Academy Award, Emmy's, Golden Globes and Grammy's. Other New York buskers include Homeless Shakespeare in the Subway, the Naked Cowboy and violinist James Grasick, who I encountered on Lexington Avenue. I eagerly snapped up his CD and learned to play every song on it.
Ed Sheeran began his career as a street performer in London, playing at various underground stations and busking on the streets. He used the exposure and money he made busking to finance his first album and eventually became a multi-platinum-selling artist.
Tracy Chapman honed her musical skills while studying at Tufts University by performing in Harvard Square, a popular destination for street performers known for its high foot traffic. Performance there is regulated by a permitting system run by the Cambridge Arts Council. When she played on the streets and in local coffeehouses, she caught the attention of influential people in the music industry, leading her to producer David Kershenbaum. He has worked with many big names including Cat Stevens, Supertramp, Tori Amos and Duran Duran.
Others well known from that locale include story-teller Brother Blue, who has toured globally, and Amanda Palmer “the Eight-Foot-Bride” who raised nearly $1.2 million via Kickstarter from fans who pre-ordered her new album.
Glen Hansard, who won Oscar for his movie Once, began as a busker on Dublin’s Grafton Street in Dublin before becoming the front man for The Frames.
Aussie duo The Pierce Brothers were a huge presences on the Melbourne buskers scene before breaking out with their EP The Night Tree and becoming a staple of the Australian indie-folk/ blues & roots scene. Regularly headlining sell-out shows, Jack and Patrick put together an unusual promotion in which the went around the city playing pop-up performances on the subway and various locations into the wee hours of the morning. The idea was to show that it was safe to party in late-night Melbourne. “Coming from a busking background in and around Melbourne which had really built our career early on, we thought it was a really cool idea”. Showing class and style, their website bio credits other great Australia buskers include the riveting Tash Sultana, who uses the looper to great effect, and Tones and I.
Tones And I started as a teenage YouTuber from Down Under but hit it big when she met a music industry lawyer busking on the streets of Byron Bay in 2017. “Dance Monkey” was written about her conflict with other buskers. “Drunk people came past and yelled profanities at me. The negative was outweighing the positive, but I didn’t want to stop just because people were being horrible.”
Contact juggling virtuoso Richard Hartnell’s website exhibits as much craft as his act: honed to perfection by hardened street audiences yet smoothly urbane in the parlor, Richard is top-notch at charming close-up audiences and adding flavor and visual ambiance to all kinds of events. Definitely a class act, and yet he is a vigorous busker who is highly assertive of his rights to public performance. A professional instructor, he also has the rare ability to combine pyrotechnics into his contact juggling, highly technical work not recommended for non-experts.
Susan Boyle gained international recognition after appearing on the TV show "Britain's Got Talent" in 2009. However, her journey to fame began with performing on the streets of Scotland. She used her street performances to hone her singing skills and build up a following before making her way to the big stage. Rod Stewart, Steve Martin, Pierce Brosnan are all believed to have kicked off their early careers as street performers.
Zinoleesky’s unique take on Afrobeats “street pop.” blends Western genres like trap and R&B with Afropop, Amapiano, bongo flava and Afro-House.
These are just a few examples of the many successful street musicians who have made a name for themselves through their hard work, talent, and determination. These stories show that with persistence and a passion for music, anyone can achieve success as a street musician.
There are many benefits to playing music on the street, including:
Showcasing: Sometimes it feels good to show off. Even the most modest among us understand this. Mammals are wired for it. It is simply fun to strut your stuff in front of an appreciative audience.
Flexibility: If you want to play your guitar, play your guitar. If you want to bang on the drum all day, bang away. If you want to sing at the top of your lungs, let it ring out. This is the opposite of being in a band or a duo where other people impose preconceptions locking you into expectations. It’s fine that they appreciate your tried and true skill set but you can really spread your wings when you are footloose and carefree.
Liberty: Playing gigs, you may be constrained by the expectations of others. They often book you for a predictable rehash of the kind of music they saw you play before. That is not a bad way to make a living, but it can be a bit repetitive. Live music is not at root about reproduction the same-old-same old, it is about the living creativity of the human race. Street musicians have the freedom to play when and where they want, without being tied to a set schedule or location.
Independence: Closely related to flexibility in the choice of instrument and material, you are free to stay home on any given day, go on a songwriting sabbatical or a hike to recharge your batteries. You are not an employee who enjoys flexible scheduling and work options; you are free as a bird. They claim that as a street performer, you can “be your own boss”. I put it differently: you have no boss. There is no boss. Remember the immortal words of Pete Townsend: meet the new boss; same as the old boss. This can apply even if the “new boss” is a self-inflicted one. Don’t be your own “boss”. Let creativity flow by declining to be hyper-critical of yourself. Don't force yourself into a mold to please the audience when your inner muse is calling you to a different groove.
A Note on offers to play for “exposure”: This word “exposure” triggers a red flag in my head. When someone offers you the opportunity to play “for the exposure” that can simply be code for “let’s see if I can sucker you into working for free”. There is a right time and a wrong time to donate your talents, but when a complete stranger wants you to play at their business, or their church, or whatever, you should be wary. Is this essentially a try-out for a real shot at a recurring paid gig? If so, it may be worthwhile. It might work out better if you have an explicit understanding of how long you are playing the free set. No more than one hour, or if you for some reason agree to play longer, perhaps two sets of forty or forty-five minutes each. There should be a clear understanding of how much the subsequent paid gigs will pay and how long you will play.
There is a crucial difference between how a pro handles that conversation as opposed to someone who doesn’t know what they are doing. If you assert a clear understanding of what you expect, it will sound like you know what you are talking about and you will get respect.
Outreach: When you play on the street, you reach new listeners and develop new fans. These folks may invite you to opportunities to play at weddings, openings at art galleries and special events at local businesses. And if you are ‘looking for love, you might just get lucky!
Express yourself: New surroundings. New people. Much as you love your fans, some of them are high maintenance. Another nice thing about busking is that most people you encounter are stone sober, which might be a nice change-up if your gigs are in honkie-tonks and dives.
Financial opportunity: You might make enough to pay for all those strings and accessory kit, including invitations to play live for pay or in the studio. It’s the best advertising because you present “what you see is what you get”. It helps if you look roughly presentable and capable of cleaning up for a formal gig. If you have professional-quality business cards printed, CDs available and other marks of professionalism that will encourage people to invite you to these opportunities so make sure to include subtle clues that you clean up well.
Building community: Connection through the shared love of music. If you busk with a dog, a cat or your emotional support tarantula, you can also bond through mutual affection for dogs, cats, or tarantulas respectively. (Be sure to comply with local tarantula control ordinances and so forth.)
Improving performance skills: Playing on the street provides musicians with the opportunity to perform regularly and hone their skills, helping them to become better musicians and entertainers.
Overall, playing music on the street can be a rewarding and fulfilling experience for musicians, offering a unique blend of creative freedom, financial opportunity, and community building.
These points apply to all genres and instrumentation. They represent distillation of over twenty years direct experience on the street and a survey of open source material from the US, the UK, Australia and New Zealand. I have scanned the videos, blog posts, articles and books on busking ranging from shoot-from-the-hip memoirs to academic treatments. Everything in here is consistent with my experience but some of the emphasis was inspired by others, who are credited where appropriate.
The Greek scholar Pythagoras said that everything is changing: if I put my hand in the river today it is not the same river as it will be tomorrow. There are many changes but one thing that is a game changer is probably in your pocket right now: your phone. It is your protector, your inspiration, your scribe, your witness and your teacher. If things are slow, or if you are on a roll and playing hot, hand the phone to a friendly listener of prop it on your music stand and make a video.
Pro-tip: One short-form video these days can go viral on multiple platforms: YouTube Shorts, Twitter, Reddit, TikTok and Facebook. No need to craft a separate video for each platform: if you hit the sweet spot, you can sweep all five.
Certain municipalities have recognized the positive role that busking plays in promoting tourism and local patronage of downtown shops and restaurants. Many of these towns have published busking guides which have some surprisingly good points. For instance, Melbourne, Australia has a dynamite busking scene which is reason enough to visit Australia. Their buskers guide many suggestions, which for the most part are pretty right on. Also, Boston has a structured approach to busking around Cambridge and Harvard Square.
These are always subject to revision and there are millions of them so I recommend you seek them out and read them yourself. If you find some good points which are not in Busking Unleashed, please send me an email and I will acknowledge you and include the suggestion in the Second Edition. Here are some pointers to be gleaned from some of the best online guides published by these localities with massive input from the busking community with my own reflections are listed below:
Don’t be noise. The City of Boston has a 70 decibel cap and it’s 50 decibels between the hours of 11 p.m. and 7 a.m. You can purchase devices and possibly download free apps that will accurately gauge loudness but it doesn’t really come up too often. However, if a cranky shop keeper or a cop is giving you trouble you can politely inform them that you monitor your decibel and are within “industry standards” no matter where you live. When you recite local ordinances, if any, and technical audio engineering statistics you are likely to blow their mind. And, if push comes to shove and you end up in court (suing them) this kind of data can be very useful.
Be professional. As a street performer you are always on stage, so be aware of your actions in between songs. It looks bad if you are on a pitch just smoking cigarettes or shooting the breeze. People are tolerating your presence, often on private or semi-private property, the least you can do it get to work. You are not a panhandler or a loiterer, if you are actually putting in the work. If possible, stand up on your own two feet. If you must sit, sit on a high stool rather than a lawn chair. You never want to lool lazy or like some kind of a slacker because you are distinguishing yourself as a working musician. The lawn chairs are for panhandlers. If you have a disability that prevents you from standing, consider a back brace or whatever will help or consider notifying people with your sign. It is not a matter of able-ism it is a matter of garnering respect for the fact that you are hard at work and continuing a craft tradition that goes back centuries.
Be aware that certain areas require silence like hospital zones, around churches, funeral homes, cemeteries, and transport terminals where announcements need to be heard. Such areas are not suitable for busking.
Don’t play adjacent to a small shop with an open door.
Street performers must not block: ADA access ramps, doorways sidewalks, driveways or emergency safety equipment.
Street performers also can't block the passage of the public through any public area...street performers may not force pedestrians to walk into the street.
Good spots have adequate but not excessive foot traffic, ideally people who are NOT in a hurry.
It is best to have a wall behind your back but in all cases avoid busking along side a rail platform or anything with a drop off. You never know when thieves or some prankster may come by and you need to bear security in mind, always.
There will be conflict with business owners, managers, public and private security personnel. Tones and I described how it can get: “I was getting a little bit bullied by guys who thought I was taking their customers, and it got to the point where I was anxious every time I set up my keyboard.” Be vigilant and stay aware of the local ethics and your relative capacity to succeed in getting your fair market share.
If you have fliers, CDs, and/or business cards make them available. Do not leave expensive gadgets lying around if you are not using them and never leave your rig unattended. If you need to use the bathroom, the ideal option is when you find someone who is very interested and sympathetic but who for whatever reason does not appear to be forthcoming with financial support. They may simply be strapped for cash but willing to help out and such persons are often very happy to watch your amp, your axe, your dog and anything else. Remove any cash you may have and tell them “I don’t want you to have to chase after any thieves”. Smile when you say that. Alternatively, you can merely close the case or put a blanket or something over the hat, demonstrating to your watch person that you trust them.
Remember to give people a performance, not just a practice session.
If you might be hassled with an allegation that you are “soliciting” it might be wise to NOT put a hat, or any kind of donations basket. This could be used to feed the troll who is fretting over the issue. In such instances, an open case will have to suffice.
I am of the opinion also that if you are observed “seeding” the case with your own money that could be used as evidence that you may be implicitly “soliciting funds” just by having your case open. However, if there is money in the case and you are not observed placing the bills there yourself, the natural rebuttal is “somebody put that there, I am not obligated to stop them”. (Remember, this is not legal “advice” it is a neighborly point I as a citizen am making about our rights. Consult a local attorney as to advice on what you should do in your jurisdiction.)
The conventional wisdom is to seed your guitar case, or whatever, with a few bills. This is obviously not necessary if you are busking for non-financial reasons, but if you are needing to generate money, here are some recommendations:
Pro-tip: use a heavy clip to weigh some bills down, fluff them so they are more visible from a distance, and make sure that the purple “5” is facing out (when using US dollars). This will keep the wind from whisking away your takings and it maybe also hints at a ‘suggested donation’. It is probably also fine to just let a bunch of singles lie in the case; it would be interesting to see controlled scientific studies on this question.
If there is any risk of theft, don’t let too much money pile up. Furthermore, if it looks like you are really raking it in that may not work to your advantage.
Be prepared to take requests. Any time you get one and can’t play it, promise to work on it and then do so. Next time you see that person, or someone else requests the tune, you will be all set. Plus, any request is automatically a perfect indicator of what the local audience likes to hear. You will never have a more diverse testing ground for your songs, so pay attention to people’s reactions.
Pro-tip: look to the side and just above the audience members heads. Never at any audience members
Busking guidance everywhere repeats the admonition “establish eye contact with your audience” but that is not consistent with professional performance practice. At least. make eye contact with your audience in a manner consistent with your personal style and comfort level. Excessive eye contact can make people uncomfortable and quite a few people are nuerodivergent and will feel invaded by it. I once played viola de gamba and violin with an accomplished duet partner who was autistic. She educated me that people who are “on the spectrum” won’t interpret interpersonal non-verbal cues in the way you might expect. Everyone, however, will find it weird and creepy if a complete stranger locks a stare onto them and while it might work as some kind of shock tactic it is not recommended.
Everyone has a unique pattern of interacting and interpretation of non-verbal cues. There is no need to pathologize it but it is important to recognize there is diversity in how people will respond. Some readers of this guide who are buskers may themselves be on the outskirts of the bell curve. If this is a factor with respect to yourself, there is no reason not to busk just because you cannot implement the conventional busking advice of “establish eye contact”.
In southern California, I encountered a busker playing lovely classic rock on a six string guitar. This person avoided all eye contact, even when accepting praise and gratuities. Guess what? People respected that this was an artist that needed space, needed to be in their own head and preferred to communicate purely through the music.
If you have an opportunity to play in ensemble with an autistic person, you may find that they have greater attention to details; I don’t know if that is simply a stereotype but it seems that it might be a kind of super-power. A legendary equestrian trainer, the Horse Whisperer, was one of the first high profile autistic writers. She demonstrated an unusual ability to work with animals, light years ahead of her colleagues. Why couldn’t an autistic musician be a Busking-Audiences Whisperer?
Be mindful that there are people in the audience who may be nuerodivergent, may stop and listen without providing you with feedback in accordance with your expectations. That doesn’t mean that they don’t appreciate your message. Keep an open mind and you may learn something.
As for your own performance, be aware that so-called “normal” people won’t be wild if you rivet a stare onto them. The “wolf stare” can be perceived as invasive. Don’t be the jerk who embarrasses people in the audience by riveting a lock stare onto your victim. Despite the ubiquitous recommendation in busking literature, aggressive eye contact is not best practice.
I noticed that the top return on the topic is an article urging eye contact. However, that article is a clear clut example of something written by artificial intelligence; it has all the earmarks It repeats in ten different ways the same single concept “eye contact, more is the better”. It is garbage.
What you do need to do is to look generally in the area of your listener so that they feel acknowledged, and very briefly glance directly at their eyes. “Locking eyes” is an expression you can find in romance novels and a good rule of thumb is you can only lock eyes if you achieve the kind of rappoire with the listener which is stepping out of the realm of ordinary social interaction into that realm in which locking eyes is appropriate. That may occur while you are busking, but if you read the situation wrongly and lock eyes it can simply come off as creepy.
A final point is relevant, especially since my opinion cuts against the grain of run-of-the-mill advice on busking. I am engaged in the art and science of dog training and have researched the topic for over seven years. There is something veterinary behaviourists actually call “the wolf stare”. This is a prelude to aggression.
Performance is not the same as the real world. There may be instances when a performer may look directly into the eyes of an individual audience member due to the fact that performance is not the same thing as everyday life. .But the opposite is more likely true: direct eye contact breaks the “fourth wall”.
The rfourth wall is a concept in theater arts which wikipedia defines as follows: “ a performance convention in which an invisible, imaginary wall separates actors from the audience. While the audience can see through this "wall", the convention assumes the actors act as if they cannot.”
There may be times when you want to penetrate the fourth wall. If so, it should be a conscious decision based upon sound artistic judgement not something you turn on randomly or at all times. Audiences are there for the music, the mime, the puppets, the art, not a firehose of intrusive conduct on the part of a clueless narcissist.
All of this advice presumes you are playing to people who have stepped into the zone of “audience’, meaning that they have stopped to listen. If you use eye contact for people who are just passing by and not expressing interest in your performance, it seems that you are crossing a line. Let your art speak for itself. You are not panhanler;if your art is good, there is no need to intrude on peoples’ personal privacy.
A friendly look can work, even if a bit more extroverted than the norm, if you add one factor: a smile. Your smile can do a lot to take the hard edges off lack of elan in other respects. As a performer, your smile is an asset. Consider looking at yourself in the mirror and find your best smile. Does it work best showing lots of teeth, some teeth, or no teeth? Do you have uneven teeth that add a distinct peronality that audiences will find endearing, or is there something distressing? If your smile is best as a closed-lipped smile, is it best as tight-lipped smile or looser, cheekier.
Some singers warm up by
puffing the facial cheek muscles and also blowing thourh the lipos as
if playing a trumpet. This will affect your smile and may be worth
doing even if you neither sing nor play trumpet-style instruments.
Watch how people with especially charming smiles do it and perhaps
you will be inspired by how they use their smile.
I
If someone shows interest in your performance, a small shows them that you see them and acknowledge their presence even if your eyes are on the swords you may be juggling or the sheet music you are following. If you can take your eyes from your practice and look in their general direction that is even better, and a brief, mindful amount of actual eye contact can be appropriate.
Think of it like painting. Throwing paint randomly at the canvass might have worked for Jackson Pollock, but you know that you are more likely to be successful if you actually put paint on the canvass in an intentional fashion. And it may well be that Pollock learned a lot about how to use dynamically-applied paint thatn people give him credit for. Your smile is part of your tool kit, like a paint bursh. Sometimes you paint with a wide brush; sometimes you use a delicate edging brush. Similarly, your audience interaction, including your smile and eye contact, should be expressoins of an advanced evolved style which you, as a performance artist, are capable of executing in a manner which is more conscious or more intuitively aware than someone who is not actually an artist.
Pro-tip: Busking is not "practice". Hone your act, practice with drills and etudes. Then rehearse playing for your cat, your dog, your significant other, your drinking buddies. Then, when you have polished up your chops. go busking.
Developing your performance skills is an important aspect of being a successful street musician. Regular practice is key to developing and improving your performance skills. Set aside time each day to work on your instrument and perfect your techniques. If you have not busked for a while, you owe it to yourself and your fans to warm up and get back up to speed at home before you go out in public. Get everything organized and put your best foot forward. Busking is not the place to figure things out or mess around with techniques and repertoire for which you have not developed genuine ability.
Work on expanding your repertoire and learning new songs to keep your performances fresh and engaging. There is nothing that turns your audience off more than for you to repeat the same old tunes day in and day out; even a smash hit will lost a lot of its mojo if you don’t change it up.
Study performance techniques, such as stage presence, crowd interaction, and improvisation, to enhance your overall performance skills. Read everything you can get your hands on about busking and your niche art. See what people are doing on the other side of the world. This writer’s experience is primarily west coast USA but a lot of the information in here came out of Ireland, Australia, New Zealand and the British Isles.
Seek feedback from other musicians, friends, family, and your audience to learn what works well in your performances and what can you can improve. If you can find an Irish session in your area, drop in and listen or if you can keep up sit in.
Be open to trying new things and experimenting with different genres and styles of music to find what works best for you and your audience. Look at it as professional development. Consider taking lessons or workshops to improve specific skills and areas of weakness, and to learn new techniques and strategies. Never stop learning and don’t assume that many hours of just busking can replace diligent structured learning and practice.
There are several types of busking based upon the structure of the interaction:
Strolling- the performer is not stationary but moves about on the streets, parks and plazas. Sometimes this is done on roller skates or skateboard.
Walk-by – the crowds are literally walking by and the performer is anchored to a spot.
Circles acts – the stationary performer draws a crowd which more often naturally forms a horse-shoe rather than a circle.
Cafe acts- the performer may situate near an outdoor dining area or alternatively strolls from table to table.
Stoplight acts – this is similar to walk-by except that it is drive-by. May be stationary or involve stretching a tightrope across the street in front of stopped cars. The latter is dangerous, may be illegal and difficult to monetize as the cars tend to roll away.
Stop Sign Acts – walk-by at traffic chokepoint, seldom done by musicians but often a place where panhandlers work. Sometimes they make more there than hard working musicians, but they perhaps need it more. Sometimes associated with performance of unsolicited favors such as windsheild cleaning. May carry a stigma but conceivably could be done in a polished professional manner for loud drumming for instance, or when local regulations prohibit performance at the main body of a shopping plaza.
Online busking – You can stream on Zoom, Facebook live, Twitch, Instagram,Vimeo, YouTube. people tend to get tipped for their live streams not just during the stream but for hours (or even days) afterwards. Facebook live streams remain viewable after they’ve ended, so the tips continue. Not everyone who streams is interested in tips—some do it just for fun; others will set up charity donations.
No matter what type of street performance is being done, the goal of the artist is to capture the attention of their audience. Street performers are often creative and daring in their presentations, using props, light shows, sound effects, or even acrobatics to create an unforgettable show. Some street performers rely on audience participation to help increase excitement and engagement.
Pro-tip: Forget about the money and focus on the craft
I concur with this advice from Helmut Uhlmann, a seasoned busker and the brains behind Busk for a Cure, posting on DittoMusic:
“Few people pursue music for money, and yet it has a tendency to weave innocuously into our thought habits. One of the ironies of art is that the more you consider money, the less of it you'll make because you won't be truly focusing on your music.”
For whom the bell tolls: Thoughts on timing
Making the most of peak hours and busy areas is an important part of being a successful street performer. However, some of the most rewarding work can be done during slow hours or in low traffic areas because you have the opportunity to interact one-on-one with your audience and form deeper ties. The conventional wisdom to play the peak traffic audiences is also flawed in that these spaces tend to have more competition from other buskers, vendors and panhandlers.
Every day busking one learns news things and develops new insights and aptitudes. Those slow day when there are mere pennies in your tip hat and listeners are sparse could be the day you are discovered by a major producer, or you might meet the love of your life. Enjoy the luxury of conversation with your fans. In these conversations you may discover that they have upcoming birthdays celebrations in mind, weddings or graduations for which they may book your performance or commission your art. You also get a chance to guide them to your website, YouTube channel, SoundCloud or Bandcamp.
Another action you can take during slow hours is to take out your phone and show people clips from your online content. You can gauge audience reaction with a one-on-one focus group.
Plan your performance schedule around your preferred times and current needs. If you are under pressure to pay rent, you’re going to want to elbow your way into the crowded commercial spots. If you have the luxury of time, you can go experimental and focus on artistic development, opt for playing in picturesque spots with minimal audiences.
When it is slow, you might set up a tripod and camera and cut some busking footage for your website, your Insta, or YouTube channel. Recordings made on a phone can have surprisingly good quality.
I feel that people are more receptive on sunny days. If you can play in the pouring rain that will be impressive and might generate some curiosity and sympathy. After some years busking in the Pacific Northwest I personally prefer to do studio work on those days. My totally unscientific opinion is that people tend to tip less when the weather is cranky. It is almost like they blame the busker for the overcast weather! And most equipment won’t stand up to rain very well.
The conductor of the Tacoma Community Orchestra told me he used to play flute in the pouring rain, so that might be an option to consider. I don’t think that he was playing on something like a 14 Karat Gold Maesta series Pearl, but an inexpensive student flute might be a good option during inclement weather. If you have the chops, flute is a great instrument for busking, with the added advantage that it can be used to dissuade potential thieves, snapping hounds and hecklers.
The winter holiday season is popular for buskers who are financially motivated. Some urban sites schedule Christmas events and will attempt to dissuade you from playing during that busy time. Chicago has designated certain zones off-limits during the holidays, as you can see in the appended case excerpts. I don’t believe this is really constitutional, but some of the District Court and Appellate judges don’t see it that way so you may have some push-back if you violate those ordinances.
Although I am publishing a book that lowers the bar of entry into the field of busking, I don’t recommend playing until you reach a certain skill level unless you have a serious commitment to improving your chops. This means getting out and busking on a regular basis – preferably several times a week to stay up on your game.
Pro-tip: Practice is practice, busking is performance. Get your act together and put out your best to your public.
If you are not a fully-formed pro act, you are fully entitled to busk. I am not imposing “able-ism”. But you do owe your audience to see you progress and improve. They might put up with your limited repertoire for a few weeks but if you stagnate and repeat the same songs, the same mistakes, with the same instrumentation you will bore them and bore yourself.
My rule is that each time I play it is a valid day on a musical basis, I am trying out a new song, or set-list or piece of gear or a new location. By keeping it fresh I stay alert and engaged. People pick up on this.
There is a balancing act between pushing your limits and delivering a quality performance. That is the beauty of it though. When you are struggling with fast notes high up the violin neck, or a fast guitar tremolo, or pushing the limits of your singing range, the audience sees you concentrate and pour every thing you have got into getting it right. That is thrilling.
But working out basic fingering or the rough outlines of a piece is something to do on your own time. Don’t disrespect your audience by subjecting them to half-assed output. Put the final polish on material that you have earned the right to put in front of your public by putting in the work.
Sometimes busking occurs in marginal situations where property managers, store owners, guards and cops are not quite sure whether or not to tolerate it. In my opinion, things go better when the buskers have a good appearance: much can be accomplished with careful consideration of grooming and attire. No one that has their life saving sunk into a boutique shop in an upscale neighborhood wants someone planted outside their shop who looks like they crawled out from under a rock.
On the other hand, you can let your hair down all you want if you bring musicianship to the table: basic ability to sing and play in tune, rhythmically and in a pleasing musical manner. It is not necessary, while busking, to play up to the tempo that a professional orchestra player or trad player would play, in order to succeed at busk, but for goodness sake always play in tune and try keep a beat going. I find it very helpful to have a foot tambourine to force myself to play rhythmically, which is what people expect. This leads us into the next chapter, where my philosophy of building value applies to your gear as well as repertoire.
Your kit, set up, or gear are the wheels that keep the show on the road Choosing the right instrument is not as simple as it may seem. Acoustic playing is convenient but works best for brass instruments, drums or anything which is loud relative to the spot you are playing. If your listeners pass by closely, or if you are in a spot with amplifying acoustics, you can get away with chamber instruments such as violin or guitar. If you are in the open air with background noise such as traffic, you will nee amplification of especially loud instrumentation such as trumpet, saxophone or tuba. are plenty loud. Acoustic string instruments work best if one of the following applies:
1) people are passing by closely
2) you are playing in an alcove that provides a “chamber” effect, amplifying your tone naturally
3) you use a portable amplifier. Welcome to Electric Avenue.
It is also helpful to augment your volume with singing or the use of self-accompaniment such as a foot tambourine or a stomp box.
I use electronic tuners even though my ear is good. I prefer m Fender foot-pedal stomp box which is quite rugged and has a bright light meter. The tuner comes in especially handy when playing my twelve string guitar and whenever playing intonation-critical instruments or material. Fixed length string instruments must be in perfect tune because you can’t bend the string or roll it back like you can on a violin or guitar: autoharps, zithers, and hammer dulcimers in particular.
oot
Tambourines
Foot tambourines are an unusual instrument well-suited to busking. They are small and compact, making them easy to transport and play. Typically made from either plastic or metal, they have multiple jingles or discs attached to the outside. When shaken or tapped with the toe, these jingles create a clinking sound that blends with other instruments in a song. This makes them a great addition to any percussion-oriented band.
Playing a foot tambourine requires minimal coordination and skill, but is surprisingly easy to learn with practice. The key is to keep the toes relaxed and lightly tapping the jingles, while the heel is used to hold the instrument in place. It's best to start by practicing with a 4/4 beat and then experiment with different rhythms and tempos. I like to use one on each foot because it can get tiring. I have seen musicians put two on one foot and I have seen the elastic become so worn that it looks like it will break at any minute. If you rely on one of these for gigs you might carry a spare, add a heavy duty retainer strap, or at least inspect it beforehand.
Foot tambourines are a great way to add a unique element to any performance. Not only do they add a melodic and percussive element, but they also create an exciting visual element as you play them.
A suitcase drum is an instrument made from a suitcase, possibly a drum head, and a foot pedal. It is a DIY approach to percussion that has been around for decades and is popular with street performers, and gigging musicians looking for a unique effect. The suitcase drum is a great way to add some spice to your performance, and it is made from easily available materials. It is also very easy to customize and build on your own, allowing you to create a unique instrument tailored to your own sound. California guitarist/vocalist Kyle Swan uses one with no drum head, at gigs, with the benefit of storing cables and miscellaneous gear inside the suitcase.
An electric stomp box gives you better control than a mechanical kick pedal and drum; furthermore, it is portable and allows for precise volume control. A popular choice is the Roland SPD::ONE KICK. It contains 22 realistic percussion sounds, including kick drums, stomp box, shakers, cowbells, and more, and you can even import your own original audio data into one of the 12 internal sound banks. It has a sensitive pad that can be played with sticks, hands, or feet, and trigger threshold settings are easily adjusted with intuitive controls.
Your main “axe”
When choosing your main instrument (guitar, violin, sax, keyboard etc.), there are several factors to consider:
Portability: Look for an instrument that is easy to transport, set up, and break down. This is more important than you may think because the spot you planned on might be taken, or ruined, or conditions might deteriorate during the course of your set. It is preferable to simply roll up and find a better location when a location is invaded or the crowd is not there for you that day.
Volume is another one of those issues which are much more important than someone relatively new to busking might think. Obviously this applies primarily to acoustic instruments, but even some people who have been busking for a long time get it wrong. Despite years of busking experience, some remain oblivious to the fact that they self-limit their ability to reach people is due to insufficient volume. Tests have been done and it is clear that if you have a wider earshot radius you will receive more support.
Acoustic insturments are enjoyable because you don’t need to lug an amplifier and cables around. This is a good argument for using wireless system. They take up little room in your case and minimize the risk of someone in your audience tripping over your cables. A small Roland cube fits in a day pack which you probably need for your tip jar, a jacket and water.
Too much volume can alienate business owners near your spot, and can even lead to a ticket for violation of municipal ordinances. It also can sound cheesy if you are just blaring away. Even if it sounds OK, it might come off as pushy and presumptive and self-entitled. Consider the difference between a normal conversation and someone blasting away through a bullhorn.
Durability: Street performing can be tough on instruments, so it's important to choose one that is built to withstand regular use and outdoor elements. The Roland battery-powered amplifiers are quite rugged although, having owned half a dozen, I did have one fail on me. Touring musicians expose their gear to some pretty rough treatment so transistor amps tend to be well-built. Electric guitars are also, well, solid. Acoustic instruments are more of a concern. This is where a quality case is essential.
It is perfectly possible to use a soft case, and they are easy to walk around with seeking the best spot at any given time. But they do not protect your instrument very well, and they make for uninspiring receptacles for gratuities. A nice guitar case or violin case looks sharp; I am of the opinion that people are more likely to “kick down” into an instrument case than a soft case. This may just be part of my personal “artists’ good luck superstition”. Granted, but it seems like a nice velvet-lined case with its’ gracefully curved side walls just begs for some green backs; a gig bag just looks like, well, a bag.
Tip receptacles: more important than one might think
The aesthetic deficit of a soft case can be theoretically offset with a classy tip receptacle, whether placed out on the sidewalk or right smack in the middle of the case. It is amazing how many musicians with active stage acts or gig histories don’t get this part right.
I saw a duo performing with a glass vase out in front of the stage with a twenty dollar bill placed in it for “seed money”. The vase looked like it belonged in a museum. Big mistake, and the bill made things worse. People who might have felt like tossing in a five or just two or three dollars were dissuaded. The implicit message was that such a donation would be inadequate and would not be appreciated. They might as well have posted a sign that said “don’t come anywhere near this extravagant vase with anything less than twenty US dollars”.
A very rustic container, something that looks like it came off a farm but might also be in the Smithsonian Museum of History is ideal. Down home, simple and humble. Just want to kick in a buck or two? No problem. A handful of change? Very much appreciated, thank you very much.
Another stupid error is one I saw by a bad that had an elaborate booking contract with implied booking fee of $3,000 per engagement. They were playing in front of the Granada Theater in Santa Barbara with about two hundred people in the crowd.
I was trying to stimulate people to tip, and had a big wad of unsorted bills in my pocket, tips which I had not had the time to flatted out. I walked up to the little tip cup, which was actually just a drinking glass about the size of a twelve ounce drink. There were a few bills in it and it was about two thirds full, probably less than twenty bucks.
I pulled a big clump of bills out of my pocket, more than would have fit in the glass, and peeled a few off. They would have blown away in the wind, so I shoved them down into the glass so they wouldn’t blow away. I stood up and shoved the rest of my bills back into my pocket.
Later that night, I
encountered the bass player in the parking garage and told him how
much I enjoyed his show. They were booked for an Allman Brothers
tribute concert and I told him how I had seen them play at Madison
Square Garden. I was also going to tell him that I lived in Daytona
Beach for a while, largely regarded as one of their home towns, but
he blurts out “We know you robbed out tip jar”.
I told him no, and before I could get another word in he said “we have it on tape”. He then jumped into his BMW SUV and sped away before I could get another word in. Despite multiple attempts to contact them on email, they never replied, As it turned out, one of the band members, in a band portrayed as down home, was actually a millionaire born with a spoon in his mouth administering a trust worth over ten million dollars, and a member of the board of directors of the Granada. His Facebook was full of boosts for bizarre crackpot political theorists of the type that would serve the interest of inherited wealth. This band, wearing fake cowboy hats, would on the one hand blast “Sweet Home Alabama”, and then do a bunch of Neil Young songs. As someone with deep roots in the South, I call that all hat and no cowboy and it doesn’t seem they get the point of Neil Young’s songs either. To this day I have yet to receive an apology.
You need to have a tip box, basket, jar or hat big enough that people can simply toss the bills into the container without them blowing away and without requiring that people push the bills in. Note that sometimes people will put in, say, a ten and take back a five. Usually, they show you what they are doing and my policy is to always encourage it. Once in a while someone will do that. It is wise not to be too paranoid about your tip jar; some top pros deliberately look away when people are tipping. I presume that they don’t want people to feel any pressure to tip with large bills, or perhaps they want people to feel trusted.
Classical guitarist Bruce Goldish was robbed of his tips while busking in front of the Arlington Theater, and suffereed injury, in a releatively rare incident. I saw him busking after the hand surgeon had cleared him to return to work and he had a bunch of twenties and tens and fives. I was thinking, “what the fuck? He could get robbed all over again.”
Deferring to his experience, I gently suggested that he might put some of the money safely away. Bruce very firmly indicated that he knew what he was doing and was deliberate about leaving his earnings on display.
I think his point was that the neighborhood was safe, he trusted, and that one bad incident was not going to ruin his jam. That is commendable, but the general rule is to not let too much currency pile up in public view.
Versatility: Consider an instrument that is versatile and can play a wide range of musical styles so you can appeal to a broader audience.
If time is money, a broken string costs you twice: Investing in equipment and accessories
When investing in equipment and accessories for street performing, there are several important considerations to keep in mind:
Quality vs. affordability: Look for equipment and accessories that are high quality and reliable, while also being affordable and within your budget.
Portability: Consider the size and weight of your equipment and accessories, and choose items that are easy to transport and set up for street performing.
Durability: Look for equipment and accessories that are built to withstand regular use and outdoor elements, as street performing can be tough on equipment.
Compatibility: Make sure that your equipment and accessories are compatible with your instrument and other equipment you plan to use.
Ease of use: Consider the ease of use and setup of your equipment and accessories, as you need to set quickly and efficiently set up and break down your equipment.
Sound quality: Equipment and accessories that enhance the sound quality of your instrument and help people hear you are worthwhile, but you don’t want to lug around a bunch of gear you don’t really need. Many small amplifiers such as the Roland Cube have built-in effects which sound amazingly. I prefer to use a small hand crafted pedal board to include a pedal tuner and a small looper but outboard delay and chorus pedals are reserved for special events. The only advantage to them is that you can easily switch them off and on, with your feet, which is not possible with the built-ins.
Future needs: Consider your future needs and plans for street performing, and invest in equipment and accessories that will meet those needs and allow you to grow and expand your performance capabilities. For instance, you might plan on “graduating” to playing gigs with a band, in which case you might be better off with a louder amplifier which can be heard over a drummer. An amp like the Roland Street-EX is has two eight-inch speakers and is quite loud but it is heavier than the regular Street or the smaller Cubes. Don’t sell yourself short, because when you find yourself in a new situation, having the right equipment gives confidence when it is most needed. Similarly, a quality instrument with quality tone enables you to sound good even if you are just learning and playing very simple tunes. A piece of crap will sound bad no matter how well you progress in skill. Don’t waste your money on junk!
Beginning buskers may be expert musicians with an existing repertoire they bring to the table. That is fine, but you may find it worthwhile to build set-lists specifically designed for street performance for different locations and listeners. When you play a coffee shop, a juke joint, a wine bar or a special event, listeners may be there for the entire set, either specifically to listen, or to engage in activity such as dining. When you play on the street, people are whizzing by. It’s your job to capture their attention.
Thus, you need tunes that are not necessarily very long. You won’t get the appreciation from a long composition. like “Tangled Up in Blue” when people are only giving you a minute or two. A song that has a marked contrast between verse and chorus works very nicely especially when each is only about four lines or so. A good example is “Wagon Wheel”, which has a simple variation in the progression (G-D-Em-C) in which the chorus drops the Em and sounds good louder. The words of the chorus are easy enough that almost anyone can sing along, and the reference simple enough that kids will enjoy it. “Rock me mama like a wagon wheel”. This excellent piece of song writing even has a double entendre built into it which grown ups will appreciate even while it makes the test for PG material.
It is always a risk to play songs with references suitable only for mature audiences. For instance John Prine’s “Sam Stone” is about drug addiction: “there’s a hole in Daddy’s arm where all the money goes”. All it takes is one “Karen” (pardon the expression), one person complaining to the management and you might face some opposition. It is always best to avoid provoking conflict as the best busking spots are often subject to discretion on the part of private property interests. Why court trouble?
Of course, if you are playing in the bar district after midnight, this kind of material might work, and salacious content may increase listener interest. But that kind of playing carries an increased risk of robbery attempts and annoyance from drunks, so it is not recommended except for expert buskers who are comfortable playing in a high risk zone.
Staying power: Choose songs that have staying power and you can play repeatedly without becoming boring. I don’t want to offend fans of [redacted] but everyone and their brother seems to have [redacted] in their set list, so you would do well to avoid playing [redacted]. There is a fine line between material which has saturated the marked and those which are beloved and bear repeating.
Familiarity: It is axiomatic that people respond to tunes that they know. However, putting a fresh interpretation on the tune is preferable to a plain old vanilla cover. Consider playing popular, well-known songs that are recognizable to a broad audience. People are more likely to stop and listen to music they know and enjoy. I suggest a mix between what Rich Stranger calls “crowd-pleasers” and some more obscure repertoire that folks may not have heard before.
Versatility: Choose songs you can adapt to different musical styles and genres, so you can appeal to a wider range of people and musical tastes. Consider incorporating original material or unique arrangements of popular songs to set yourself apart from other street performers. Choose songs that reflect your personal musical style and interests, so you can play music that you enjoy and feel confident performing.
Sample set lists for street musicians
Acoustic Set:
"Wonderwall" by Oasis
"The A Team" by Ed Sheeran
"Fast Car" by Tracy Chapman
"Hey Jude" by The Beatles
"I Will Always Love You" by Whitney Houston
"Sweet Child o' Mine" by Guns N' Roses
"Yesterday" by The Beatles
Pop Set:
"Shape of You" by Ed Sheeran
"Despacito" by Luis Fonsi ft. Daddy Yankee
"Someone Like You" by Adele
"Girls Just Want to Have Fun" by Cyndi Lauper
"Can't Stop the Feeling!" by Justin Timberlake
"Uptown Funk" by Mark Ronson ft. Bruno Mars
"All About That Bass" by Meghan Trainor
Jazz Set:
"Take the 'A' Train" by Duke Ellington
"Misty" by Erroll Garner
"Fly Me to the Moon" by Frank Sinatra
"In a Sentimental Mood" by Duke Ellington
"Summertime" by George Gershwin
"All of Me" by Billie Holiday
"Autumn Leaves" by Joseph Kosma
Blues Set:
"Crossroads" by Robert Johnson
"Sweet Home Chicago" by Robert Johnson
"The Thrill is Gone" by B.B. King
"Stormy Monday" by T-Bone Walker
"Gimme Some Lovin'" by Spencer Davis Group
"Mustang Sally" by Wilson Pickett
"Hoochie Coochie Man" by Muddy Waters
And here’s more...
“All of Me” by John Legend
“Hallelujah” by Leonard Cohen
“House of the Rising Sun” Traditional
“Imagine” by John Lennon
“Summertime” from the opera “Porgy and Bess”
“What a Wonderful World” by Louis Armstrong
“Yesterday” by The Beatles
“Ain’t No Sunshine” by Bill Withers
“Fly Me to the Moon” by Frank Sinatra
“Smoke on the Water” by Deep Purple
These songs appeal across age groups and have been covered by many artists in various musical styles, such as jazz, blues, rock, pop, and classical. This versatility makes them ideal for adaptations to different genres and musical styles.
Originality: If you write your own songs or create unique arrangements of popular songs, you will to set yourself apart from other street performers. There are soloists and bands who play regularly in wineries and beer joints who just play covers, in the standard manner, so you gain an actual edge if you can stand out in this way.
Audience Engagement: Sing-alongs are popular. Don’t hesitate to invite singers to join in. Døvydas Maščinskas is a master of this technique and has created a veritable cottage industry creating YouTube videos of random people sitting in for a tune. Another useful trick is to get the audience clapping, which often leads to the next level: dancers. When you get people dancing to your music, you know you are on the right track. Don’t forget to have fun!
Personal style: Choose songs that reflect your personal musical style and interests, so you can play music that you enjoy and feel confident performing.
Length: Consider the length of each song and choose pieces that are of a manageable length for street performing, as you may only have a few minutes to capture the attention of a passerby.
By balancing familiarity, versatility, and uniqueness, street musicians can create a repertoire that appeals to a wide range of people, while still maintaining their own musical style and interests.
These sets are obviously just a starting point and can be modified to suit your own preferences and style. You will learn much just from listening to other buskers and acts you hear around town. The key is to have a mix of familiar songs and lesser-known tunes to keep your audience engaged. Choose songs that showcase your own particular skill set.
A lot of the guides to busking recycle the old joke that there is one thing important about real estate: “location location location”. Fair enough. Much of the analytic technique used in evaluation of retail commercial real estate could be useful in analyzing busking spots: pedestrian and vehicular traffic patterns, parking, headcounts graphed by time-of-day. One can even add in a layer of data strictly pertinent to street performers: background noise levels, the acoustics of the outdoor space, sun and shade, views and configuration of sidewalks and doorways.
An alternative way of looking at it is that you are cultivating a garden or a farm of appreciative listeners. Each busking location is embedded in a particular neighborhood. The urban geography is on a particular landscape with a unique history of culture. Smell the air, feel the breeze, behold the sky. Feel the ancestral legacy.
You are not playing a “location” times three. You are playing for the people. Your performance is in community. Your role is an important role. Every hood deserves good buskers. One of the benefits of the working class and the poor urban pockets is that they’ve got soul in a way that will never be true of the gated communities where a busker would likely be escorted out as a vagabond intrusion into the bourgeois enclaves.
Your instrument is more
than the ivory keys or the strung wooden box beneath your fingers, it
is the sound and vibration of a column of air cascading through a
particular geometry of concrete and glass. Your task is to bring out
the potential of the latent sonic message encased in place. It can
range from the furious hurricane of a Social Distortion cover to the
gentle breeze of Ashoken Farewell. As a busker, you have ultimate
artistic freedom.
Some philosophers contend that
everything, even a rock, have some level of consciousness. If so, the
enclosures of the built environment have more so. They certainly have
an aesthetic. The busker completes the task of the architect by
interpreting the hidden meaning of the structure.
Through the strings of the guitar, the ring of tambourine and the song of the flute, buskers channel the vibes present in the here and now of that place on earth.
Practical considerations
Given that, finding the right locations to perform as a street musician is crucial to success. You need a play you can physically access, which is a huge challenge in crowded cities with limited parking and lots of traffic. Geo-location of busking can be readily stratified into levels of scale. On the macro, we look at countries and cities. Melbourne, London, Amsterdam, New York, San Francisco, Seattle and Portland all beckon. You can easily look up local ordinances and local advice on the web to help decide if a particular city has the kind of busking scene you would enjoy.
Then you need to find the best neighborhoods. Downtowns can be excellent such as Portland, Boulder and San Luis Obispo. But often there are less-well-known nooks and crannies with excellent busking. Word-of-mouth information from locales tends to be up-to-date and relevant although some people may lead you on an occasional wild goose chase.
Once on scene, you need to case the area, so to speak, and determine the best time of day and which side of the street to work. Here are some things to consider.
Look for locations with high foot traffic, such as busy street corners, outdoor shopping centers, or popular tourist areas. It can pay off to check maps and use search engines to get tips from other buskers who kindly share their knowledge online.
Permits and regulations: Research the local regulations and permitting requirements for street performance in each location. In some cases there is an expectation that you will necessary permits before performing. Well-known places include the Pike Place Fish Market in Seattle, Harvard Square and other choice locations in Boston.
Consider the acoustics of each location, especially if you are playing acoustically. Background noise will fluctuate and in some cases can spoil the spot. The ideal spots will provide a chamber where you can exploit natural reverb. When playing with a good amplifier, this is not as critical.
Safety: Ensure that the location is safe for you and your equipment, and look for locations with good lighting and minimal distractions. Avoid playing with a bucket of money in any location where someone can sneak up from behind and distract you while their confederate snatches your money. Remember “Tubaman”, who died after being robbed playing at night, and keep security in mind at all times. In some locations you need to have a minimal amount of gear, both to limit what they can steal and to allow you to wrap up quickly and get the hell out of there.
Consider the demographic of the crowd in each location. What kind of town, what kind of neighborhood. How will they you be perceived? Choose locations where your music is likely to be well received.
Precedent: Is the neighborhood familiar with busking, or are you breaking new ground?
Competition: Look for locations that are not already saturated with other street performers, and be aware of the competition in each area.
Accessibility: Choose locations that are easily accessible for you, your equipment, and your audience, with convenient parking and transportation options. This is especially pertinent if you have a lot of gear that you like to experiment with because don’t want a lot of pedals and cables lying around if you are not using them.
Consider seasonal changes and the impact they may have on foot traffic and the overall atmosphere in different locations.
Research event schedules in each location, such as outdoor festivals, concerts, and markets, and check those areas out in advance. Find the most strategic points to set up and then get there early on event day.
You can utilize market research tools, such as Google Trends and social media analytics, to gather data on the popularity and engagement of different locations.
Aside from the importance of local laws and regulations in general, many jurisdictions constrain different locations where you can play and not encounter legal hassles. You can find out from the internet or talking to other musicians what the current local ordinances are. If they are not fair, go to city hall and complain at public comment. If people see you on cable TV politely speaking to their city council, the recognition may also boost your popularity as a performer.
Applying common sense to suss out the best locations, street musicians can perform in environments that are supportive, safe, and conducive to making great music and connecting with audiences.
Seattle's Pike Place Market and Downtown
The Pike Place Market in Seattle, Washington is known for its bustling atmosphere and vibrant street performers. The Market is a popular tourist destination and attracts visitors from all over the world. It is also home to the Seattle Fish Market, one of the oldest continuously operating fish markets in the United States.
Street performers, including musicians, magicians, and street artists, are a common sight at Pike Place Market. They add to the lively atmosphere of the market and provide entertainment for visitors. Many of the street performers at Pike Place Market are very talented and often perform unique and creative acts that are sure to catch the eye of anyone passing by.
In addition to the street performers, the Seattle Fish Market is also a popular attraction in its own right. It offers fresh seafood, including salmon, crab, and other local specialties, as well as other food and souvenirs. The market is known for its colorful atmosphere, friendly vendors, and unique offerings, making it a must-visit destination for anyone visiting Seattle.
The combination of street performers and the Seattle Fish Market make Pike Place Market a unique and exciting destination for visitors. Whether you're looking for fresh seafood, unique gifts, or just a good time, Pike Place Market is a great place to visit in Seattle.
Portland's Saturday Market
The
Portland Saturday Market is a vibrant open-air market in Portland,
Oregon that has been operating since 1974. It's known for its lively
atmosphere, featuring street performances, live music and local
vendors selling handmade crafts and delicious food. There has
historically been a sign-up sheet posted in the morning and you can
reserve a one-hour slot. Sometimes you can trade slots, which is
useful if you have a bulky set-up such as drums. There is one large
spot for circle acts.
In
other parts of Portland, there are many neighborhoods with
established busking precedent, particularly Northwest Portland which
has a main strip with shops and restaurants, many of which close
early and have excellent acoustics.
San Francisco
Ghirardelli Square is a historic landmark located in the Fisherman's Wharf neighborhood of San Francisco, California. The square is named after the Ghirardelli Chocolate Company, which was once the largest chocolate manufacturer in the United States and has been a fixture in San Francisco since the late 1800s. Today, Ghirardelli Square is a popular tourist destination, offering a variety of shops, restaurants, and cafes, as well as stunning views of the Bay Area.
Ghirardelli Square is housed in a series of historic brick buildings that were originally used as chocolate factories and warehouses. These buildings have been restored and now feature a mix of unique shops and restaurants, many of which offer locally made products and artisanal goods. In addition to shopping and dining, Ghirardelli Square also offers a variety of activities and events throughout the year, including outdoor concerts, art shows, and festivals.
One of the highlights of Ghirardelli Square is its famous Ghirardelli Ice Cream & Chocolate Shop, which serves up delicious handcrafted chocolates and sundaes made with Ghirardelli's premium chocolate. Visitors can also watch chocolatiers in action through the shop's large viewing windows.
Another popular attraction at Ghirardelli Square is the Ghirardelli Square Museum, which showcases the history of the Ghirardelli Chocolate Company and the role it has played in the development of San Francisco. Visitors can learn about the company's founders, see vintage advertising materials and photographs, and view historic chocolate-making equipment.
In addition to its historical and cultural significance, Ghirardelli Square is also known for its stunning views of the Bay Area. From the square, visitors can enjoy panoramic views of the Bay Bridge, Alcatraz Island, and the surrounding neighborhoods.
“that's the way you do it, money for nothin' and your chicks for free ”
Sumner & Knopfler Dire Straits
Monetizing your music as a street performer is an important part of making a living as a musician. The income of street musicians can be unpredictable and inconsistent, making it challenging to make a steady living. If you’re in it for the money you are better off doing Uber or DoorDash.
Balancing creativity and commercialism: Street musicians must strike a balance between showcasing their creativity and appealing to their audience in order to earn enough money to support themselves. Here are some ways to monetize your music:
Tipping is not a place in China: Encouraging people to tip you for your performance is more than merely placing a tip jar or hat near your performance area. There is a certain honesty to simply opening an empty case and starting to play until that first tip comes in. Most buskers believe in “seeding” with a few bills to get things rolling.
The important thing, in my view, is not letting too much cash pile up. I know one busker who was knocked down while playing in a California beach town, and the assailant ran off with the money. He was injured and had to see a hand surgeon. There was a “Go Fund Me” to help with his bills and after a few months he was back playing. I went by and noticed he had a gigantic pile of cash in his tip box, and out of respect for his level of experience I quickly relented from urging him to put the bills safely out of sight. I think he was making a statement to the effect that it was a safe neighborhood and he is not worried that a robbery will happen again. Personally, I think he is tempting the devil, but I respect the statement he is expressing.
Book private events: You will get offers to play at private events, such as weddings or corporate events, to supplement your income. Always be ready with contact information. Ideally you will have an EPK (electronic press kit) online which you can refer them to. This is especially useful if the person you are speaking with has to get the gig cleared with a partner or management. Regarding pricing, it is wise to talk with other musicians and get an idea what you should charge for different kinds of gigs.
Online sales: Utilize online platforms, such as Bandcamp or iTunes, to sell your music and merchandise. Bandcamp is easy to set up and people can listen free for a few times. For additional listens, they can download and typically the default is a dollar a song. It is best to set up an entire album so you can charge more. If people are willing to break out their credit card number or use their cash application, it is easy for them to throw in a bit more than they might otherwise so don’t ever undersell yourself.
Streaming services: Consider making your music available on streaming services, such as Apple Music, to reach a larger audience and generate revenue from streams and downloads.
Crowdfunding: Utilize crowdfunding platforms, such as Patreon or Kickstarter, to raise funds from fans and supporters. If you are at the point of recording a studio album you can use this vehicle to pay for time, mixing and mastering.
Sponsored busking: Some municipalities such as Melbourne have structured busking festivals that will pay you for a couple of sets. In other places, such as San Diego, there are multiple promoters who actively reach out to the busking community and provide options you don’t want to pass up.
Support team: If you have a large crowd, also known as a “circle act”, you might use an assistant to collect donations. This is known as a bottler, hat man, or pitchman dog.
Pump up the jam: larger donations: Encourage larger donations by offering merchandise or other incentives for larger donations, such as access to exclusive content. Utilize technology to make it easy for people to give you some funding. It is easy to create electronic funds transfer options such as Pay Pal and Ko-fi.
Keep track of your income: Keep track of your tips and donations and keep accurate records for tax purposes. Save all receipts for expenses associated with your performance and use these for deductions when filing taxes. Your expenses can easily offset any income but if you don’t keep the receipts you can’t prove that. Also, tracking income gives you a means of keeping yourself on track. The money isn’t what’s important, for most people, but it functions as a scorecard.
Support charities. You can donate to charity and make contributions yourself to kick start campaigns that you create. I have run donation campaigns using Facebook and Mighty Cause and supported individuals seeking aid as well as organized charities such as Direct Relief International, Inc.
By supporting charities, you are able to avoid receiving income which may not be in your interest. I cannot provide tax or legal advice but encourage you to consult your legal advisors or better yet, just support charities because it’s the right thing to do.
If you can offer merchandise, such as CDs, posters, t-shirts or even original artwork you can increase your earning potential. If this is construed as vending it may requires a permit and may require a tax ID number.
Some ordinances in some locales make an exception for CDs related to your performance and this may be due to a strict interpretation of the free speech provision in your state or provincial constitution.
Without a permit, you may also be able to get away with selling graphic art or even artisanal crafts if either (a) the product is directly related to live, constitutionally-protected expressive activity or (b) you actual conduct live production in front of the audience. An example of this as high art would be the production of glass art at the Chihuly Museum of Glass in Tacoma, Washington. The musicians have a workspace in the center of a large auditorium with seating situated far back to allow safe distance as the glass artists work on their creations.
Thus, the artistic phenomena involves not mere a static piece of finished work to be contemplated, but exhibition of the production of art, itself as essentially a form of, or variant upon, theater.
If the production of your art is conducted in front of an audience, the argument goes that it is therefore constitutionally protected. Some buskers use spray cans or guns to paint live, right on a public sidewalk, or on tables set on public property such as parks or beaches. This provides two arguments for protective speech protection: the artist is producing a work of art which is an expression per se subject to constitutional protection. Secondly, the act of producing the art is a public performance art.
Arguably, supporters may wish to make a donation in appreciation of the performance and the artist may wish to offer the gift of the finished product. This reflects a strategy I say in play in Santa Cruz in the year 2002 when street vendors would offer handmade jewelry “by donation”, specifically not engaging in an offer to sell for a set price.
No doubt, this was honest and in some cases the artisans virtually gave their work away for a song when a needy person with nothing to offer in exchange except for a smile.
Some of the cops were quite cynical, incorrectly believing that there is never that kind of generosity among “hippies”. It does occur, and in other instances someone may wish to donate far more than the market value of the piece.
At least once, a police officer said, “OK if it is by voluntary donation I will take it all for zero.” I don’t recall whether or not the cop acted on that mean-spirited statement, but that conduct misses the point that reasonableness can factor into the picture. If the officer want to take one piece and offer zero, or one penny, the government would have a stronger case. But it gets complicated because an on-duty police officer has no right to act upon a desire to acquire a piece of art. It would have to be authorized by city council and last time I checked no city council has expressed an interest in acquiring a museum of street art.
In the course of completing this book, I have come up with another argument that goes to this matter. A busker, or, more correctly, an artist, might be offering art work on a donation basis. However, in my opinion as a legal scholar it is permissible for a citizen (or resident) to offer a piece of art by donation to private parties. It becomes highly problematic when it is a state actor expressing the desire for anything which is the property of a citizen or resident.
In fact, it is a violation of the US Constitution. The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”
Therefore, the hapless “by-donation” busker has multiple defenses against seizure of their art by an aggressive law enforcement officer. (1) The taking is almost certainly not authorized, unless there is a particularly obnoxious city council which is going after street artists, (2) there is a presumption of one-per-person, with the city government counting as one person, (3) there is a presumption of reasonableness and good faith, which such a draconian measure does not satisfy, (4) the artist or artisan is specifically limiting their offering to private citizens (and residents) and not state actors, (5) the taking is exactly that, a government “taking” or seizure, which, like an eminent domain taking of real property, must satisfy a high bar of legal prerequisites.
If the artist wants to really push it, they can state (6) I offer this to anyone, regardless of race, creed, national origin, ethnicity, sex, gender, sexual orientation - but not cops. (Police are not a protected class and the artist chooses to discriminate, because those are her fucking bracelets/earrings/paintings or whatever.
Legal Eagles Street Guides does not advance the aforesaid argument, merely reporting the possible theories of the case under which a busker or artist may resist over-reach by law enforcement. This is legal speculation about civil rights and not advice for how anyone should conduct their street art. Please consult a local attorney for how best to proceed in the jurisdiction in which you practice busking or street artistry.
I cannot advise whether or not this argument will work and it seems to be somewhat problematic. Where does one draw the line between art and manufacture? The more artistry and craft, the more individuality of each piece produced, the more credible that it is expressive activity worthy of constitutional protection. But what if you produce, say, lithographic prints? I would argue that is protected speech, but it is a tougher argument to make. Perhaps creating the original plate is something that can be done live before an audience, and perhaps one print. That would be a “live performance” and clearly not any form of vending. I don’t know that it is a live expressive activity when engaged in the production of a second piece, a third piece, and so on. These additional prints do not involve creative expression of any variation, at least not to the extent of creating the plates.
Thus additional prints which are offered for sale seem to constitute vending in the colloquial sense of the term. Does production then cross a line from artistic expression and become “manufacture”?
All of this is pure speculation on my part.
If live performance of the production of art is constitutionally protected expressive activity it is possible that a back catalog of similarly-produced pieces might be tolerated under an expressive activity exemption. To merely set up pre-existing art may or may not be protected speech exempt from vendor licensing, but the added component of live production clearly moves the buskers’ presence out of the vendor category and into the live expressive activity category. I would argue these points with police and courts but you need to have local legal counsel advise you. Selling merchandise and recordings is another way for street performers to monetize their music. T-shirts, CDs, or posters, for sale to increase your earning potential. You may be able to work with a print-on-demand outfit or find a local shop that will print some shirts up for a couple few hundred bucks. Better yet, learn to silk screen and set up a side business selling T-shirts or just give them away to promote your bands.
Utilize online platforms, such as Bandcamp or Etsy, to sell your merchandise and recordings. You can offer unique or exclusive merchandise, such as limited edition items.. I am skeptical about NFT’s, a lot of people despise them, but there are some musicians and definitely graphic artists who are experiencing success with them. But you can sell a limited run of posters or T-shirts, or what have you.
Offer bundles: Offer bundles, such as a CD and t-shirt bundle, to encourage people to buy more items.
Mention merchandise during the performance: Mention your merchandise during your performance and encourage people to check it out after your performance.
By effectively selling merchandise and recordings, street performers can increase their earning potential and build a following. It's important to offer a range of options, highlight unique items, and use online platforms and promotional materials to reach a larger audience. Mentioning your merchandise during your performance can help encourage sales and build your brand as a street performer.
Booking gigs and performances is an important aspect of building a successful career as performer. It is somewhat out of the scope of busking, per se, but you will receive offers to play at parties, weddings, art galleries and other special occasions. Any comprehensive treatment of busking has to inform the reader of what the experienced buskers have learned to do with these offers. I also draw on experience as a regular booked act with bookings pro-actively promoted to venue owners and managers but that is beyond the realm of this guide so that will receive only cursory treatment. Here are some tips for booking gigs and performances, from the perspective of a busker:
Have a business card. It need not be the least bit fancy but it should include your basic contact information. Your full name is more professional than just your first name but that is possible if you wish to maintain a low profile and a more private existence. This may depend upon whether you have cards out for anyone to take as opposed to cards you keep in your wallet or pocket. You can have one card to direct general random people to, say, your website or Bandcamp and another card for “serious” potential booking agents and principals.
In addition to a card, a brochure can be useful. It packs more information such as sample shortened set-lists of different kinds of music. According to Jake Detar, professional instructor and guitarist in The Academy, the most difficult part of preparing wedding gigs is determining the set list. This is partly because Jake and his colleagues are wizards whose magic fingers can do just about anything he wants them to do. Having complete mastery of performance, it can be difficult to determine the nature of the audience and research those tunes which are specifically appealing to that demographic. Unlike less-experienced players who might just play what they already know, or simply their favorites, a top-shelf ensemble like The Academy will curate a special set-list specific to the occasion.
Your brochure (and of course your EPK and your website) should reflect this ability to adapt to audiences. You might be busking “Folsom Prison Blues” and “Kate McCannon” and “Hey Joe”, all of which have heavy scenes of murder and prison – does the interested party know if you can put together a family friendly playlist? Similarly you might be busking Velvet Underground songs like “Heroin” and “Walk on the Wild Side” with a bit of Nine Inch Nails “Hurt”. Would they want to book such an act to play a wedding between conservative evangelical church-goers” ?
If you have the capacity, you can include column headings with a few tunes listed. Each column can specify a different kind of music which you may be able to perform for a couple sets: blues, folk-rock, classic rock, classical, what have you. These brochures, or larger signage reflecting your diverse abilities, can be visible in your case while playing.
When I was busking in the Puget Sound area, I played booked gigs at weddings, art galleries, shops, the museum and one routine that worked quite well at senior living facilities was my “world tour” of fiddle tunes of various regions and styles. The presentation was as much education as it was entertainment, and was always well received. This type of gig is easy to book, usually pays a customary flat rate in the region, and is not as demanding an audience as many others. You won’t have to worry about drunks aggressively demanding encores or that you play some tune you don’t know anything about. You won’t have to worry about keeping the attention of restless youth who are up on the very latest music trends and may have little interest in any repertoire which is not related to the latest trend on Tik Tok.
Be professional in all communications and interactions with venue owners and event organizers. This means check your email and voicemail. I have lost gigs because I was up in the Sierras and didn’t care to look at my phone, discovering too late that only by driving like a maniac would I even be able to show up at the desired venue.
If you say you will follow up and submit an EPK or email – do so. If you say you will and fail to follow up, they might cross you off the list as unreliable. It is easy to get caught up in the excitement when someone approaches you and asks about your availability to play a show. You might realize that you have bitten off more than you can chew – it can be intimidating to perform for a wedding with hundreds of people and you may be expected to provide a PA system and recorded tracks in between your sets. That might be more than you care to attempt, especially if you are not in a position to command a high enough payment to bring other musicians in. You will probably make more doing a good day’s busking, on your own terms.
You still must follow up and contact them. Later in your career when you are more confident and more capable of fulfilling a booking you may have lost credibility. If you are not able to fulfill the gig, send a thank you but indicate that you will be working on other projects and not available for live performance. They don’t know that maybe what you are working on is simply building the confidence and chops to play that type of gig.
If you have failed to follow up in a timely fashion, there is nothing wrong with sending them a letter, preferable hard copy, on letterhead, in which you state that it was nice to meet them and apologize for not getting back to them right away. That way, when your chops blossom and you are ready to take on the type of show they book, you will have re-established your credibility.
Network with other street performers, venue owners, and event organizers so that you can offer a duo or trio as some venues do not book solo acts. If your signage mentions that you can offer solo, duo or a “full band” that might win you bookings right there on that basis.
When booking, it is wise to have an understanding when you are paid, whether it is cash or check or whatever, what extras are included such as food and alcohol. Know what the prevailing pay is for that kind of gig. Don’t undersell give away your service unless you have good reason: it is a charity that you want to support, or you really will learn a great deal. If there is a bona fide prospect that you will get subsequent paid gigs, you may elect to play the “first gig free” but that is a fraught path not to be trod without circumspection.
To get an idea of what is being offered to the public, you can look at the competition posture via online platforms such as GigSalad, Thumbtack, LessonFace, Heartbeat and Playbill. Some people may have success using these platforms to find gigs but this book is neither reviewing nor endorsing any site for that purpose.
Build a website and/or an electronic press kit to showcase your music and skills, and include information on booking and availability. An easy way to do this is described further on in this chapter. In addition to a website or an electronic press kit you may wish to create a hard copy press kit that includes your music, photos, and information on your performance experience. You might even put out a press release. In addition to building interest in your act, this can be a potential tactic to deploy if facing harassment from law enforcement or businesses.
PayPal is a global online payment platform that enables individuals and businesses to send and receive payments electronically. It’s been around for quite a while, founded in December 1998. Headquarters are in San Jose, California, so unlike, say, Tik Tok, you are not dealing with questionable foreign companies.
PayPal offers a convenient way for users to send and receive money online. You need to link your bank accounts to your PayPal account, so it might be a good idea to set up a separate account for that purpose. Other online financial entities use Pay Pal as the underlying engine for instance Ko-fi. Some people advise using Pay Pal for various purchases in order to keep your credit card numbers out of the picture, but it would be wise to consult with an expert before going all – in on Pay Pal. You have to link your Pay Pal to an email account so I recommend you set up 2FA (two-factor authentication) on any such account. This goes for Venmo, Patreon and all the other crucial accounts: set up 2FA before, not after, you become a target of hackers.
A detailed explanation of 2FA is beyond the scope of a book on busking, but Gmail has help pages which explain how to do it. It is not difficult; it just amounts to linking your phone to your email account. If hackers crack your email account, they can’t get into your account without getting their hands on your phone as well. I have a few points to make which are not sufficiently emphasized in other places.
You can and should store alternative methods to satisfy 2FA in the event you lose your phone. This requires that you store access codes. If your phone is lost, you can use the access codes.
One place to store access codes is as a private note on a password manager like Bitwarden or 1Pass. A password manager is another tool you should be using if you are in any way involving your bank account with the internet. I started using Bitwarden after the December 2021 hack of LastPass and hearing Kevin Mitnick at a conference in which he appeared to like Bitwarden. I back up my Bitwarden account with Keepass, which if you really want to get into the nitty gritty, is an important resource. Keepass and its spin-offs allow you to encrypt passwords and store them offline, encrypted, on your hard drive. You can also upload your Keepass vault to the cloud, such as Dropbox and Google Drive.
PayPal also offers additional features, such as the ability to purchase items using a credit line, send invoices, and request payments from friends and family. At this time, the platform is available in over 200 markets worldwide and supports 26 currencies.
Unlike some smaller operations, PayPal has the staffing and institutional memory to deploy advanced security measures, including fraud detection systems. In the event of unauthorized use of a user's account, PayPal provides a dispute resolution process. Mileage may vary.
Overall, PayPal is a widely used and widely trusted platform for online payments. It offers a convenient, secure, and easy way to send and receive money, making it a popular choice for both individuals and businesses.
Venmo is a mobile payment service owned by PayPal, launched in 2009 and headquartered in New York City. It allows users to send and receive money to and from friends and family using their mobile devices. The platform is popular among young people, as it offers a social aspect to payments, allowing users to share their transactions and payments with their friends.
Venmo integrates with a user's existing bank account or credit card, making it easy to transfer funds to other Venmo users. The platform is designed to be simple and intuitive, allowing users to quickly and easily send payments to their contacts. In addition to peer-to-peer payments, Venmo also offers the ability to pay for purchases at select merchants.
One of the key features of Venmo is its social aspect. The platform allows users to see a feed of their friends' transactions and payments, making it easy to keep track of who owes who money. Venmo also offers a messaging feature, allowing users to send messages and share details about their transactions.
Like PayPal, Venmo uses advanced security measures, including encryption technology and fraud detection systems, to help protect users' financial information and transactions. In the event of unauthorized use of a user's account, Venmo provides a dispute resolution process and offers buyer protection policies.
Overall, Venmo is a popular and convenient mobile payment service that offers a social aspect to payments. It is widely used among young people and is known for its simple and intuitive design, making it a popular choice for peer-to-peer payments.
Stripe is a technology company that offers a suite of payment tools for businesses and individuals. It was founded in 2010 and has headquarters in San Francisco, California. Stripe's mission is to increase the GDP of the internet by making it easier for businesses to accept payments online and in mobile applications.
Stripe provides a range of payment solutions, including online and mobile payments, recurring payments, and fraud prevention. The platform is designed to be flexible and scalable, making it easy for businesses of all sizes to start accepting payments quickly. Stripe supports over 135 currencies and offers a range of integrations with popular e-commerce platforms and shopping carts.
One of the benefits of using Stripe is the ease of integration with a business's existing systems. Stripe offers a range of APIs and pre-built integrations that make it easy to integrate the platform with a website or mobile application. Stripe also offers robust security features, including encryption and fraud detection, to help protect businesses and their customers' information and transactions.
In addition to its core payment processing services, Stripe offers a range of additional tools, including subscriptions, invoicing, and processing for card-not-present transactions. These tools help businesses manage their payments and provide a seamless experience for their customers.
Overall, Stripe is a powerful and flexible payment platform that offers a range of tools for businesses of all sizes. It is known for its ease of integration and advanced security features, making it a popular choice for buskers looking to accept payments online and in mobile applications.
Website/Tip-jar Hybrids: Ko-fi, Patreon, Buy Me a Coffee
Ko-fi.com is a platform that allows creators, artists, and small businesses to receive payments and support from their fans, followers, and customers. It was launched in 2017 and is headquartered in London, the United Kingdom.
Ko-fi offers a simple way for creators and artists to receive payments from their fans and followers, without the hassle of a full e-commerce setup. Users can create a profile on Ko-fi and share a unique link, allowing their supporters to send them a one-time payment, or set up a recurring monthly payment. It is possible to set up a fairly elaborate Ko-fi page which offers significant content. This distinguishes it from Pay Pal and Venmo, which are basically just money drops.
Ko-fi is simple to set up and does not require coding knowledge.
There are no upfront costs or monthly fees for using Ko-fi, and creators and artists can start receiving payments quickly and easily. Ko-fi also integrates with a range of social media platforms, making it easy for users to share their profiles and links with their followers.
Ko-fi offers the ability to set up a virtual tip jar, where supporters can leave a small donation, and the ability to offer digital products and services to supporters. Overall, Ko-fi is a platform that offers a simple and convenient way for creators and artists to receive support from their fans and followers. It is a popular choice for those looking for an alternative to traditional crowdfunding platforms or for those who are just starting out and looking for an easy and accessible way to receive payments.
Not to be confused with ko-fi.com, buymeacoffee.com offers a means to accept online donations to anyone with an audience: Youtubers, musicians, podcasters, writers, programmers, nonprofits, cosplayers, you name it. They contend that 800,000 creators and millions of their fans are on Buy Me a Coffee. Creators can set up a profile on BMAC and share a unique link, allowing their fans and customers to send donations in the form of one-time payments, recurring monthly payments, and virtual tips from their supporters.
“Buy Me a Coffee” is a platform that allows creators, artists, and small businesses to receive support from their fans and customers. It was launched in 2018 and is headquartered in New York City, United States. BMAC's mission is to provide a simple and easy way for creators to receive support and connect with their audience.
Patreon is a platform that allows creators and artists to receive recurring payments from their fans and supporters. It was launched in 2013 and is headquartered in San Francisco, California. Patreon's mission is to help creators make a living from their work.
Patreon works by allowing creators to offer their supporters exclusive content, rewards, and access in exchange for a recurring payment. Creators can set up their profiles on Patreon and offer various tiers of support, each with different levels of rewards and access. Supporters can then choose the tier they would like to support the creator at, and make a recurring payment on a monthly or per-creation basis.
Patreon is prominent in its provision of the recurring revenue model. This allows creators to have a predictable and stable income from their work, rather than relying on one-time payments or irregular income. Patreon also offers a range of tools for creators to manage their profiles and interact with their supporters, such as the ability to send messages, offer polls, and provide updates.
In addition to its core recurring payments model, Patreon offers a range of additional tools and services, such as the ability to offer membership sites, merchandise, and live streams. These tools help creators provide a more complete experience for their supporters and help to build a community around their work.
Overall, Patreon is a platform that offers a way for creators and artists to receive recurring support from their fans and followers. It is a popular choice for those looking for a predictable and stable income from their work, and for those looking to build a community around their creations.
Accepting donations with Bitcoin is becoming increasingly popular. Bitcoin is a decentralized digital currency that was created in 2009. It is based on a peer-to-peer network, which means it is not controlled or issued by any central authority. Instead, Bitcoin is powered by millions of individuals around the world who use their computers to validate and verify transactions within the blockchain, a public ledger that records all Bitcoin activity. Bitcoin users are able to transfer funds to each other without the need for a third party, such as a bank or payment processor. Bitcoins can be used to purchase goods and services from merchants who accept them, or can be traded for other currencies. Bitcoin transactions are secured with a form of cryptography, which provides an extra layer of security. It's easy, secure, and provides a variety of benefits for both the donor and the recipient. Here's how to get started with setting up Bitcoin to receive donations.
Before diving into the setup process, it's important to understand the advantages of accepting Bitcoin donations. Firstly, donors can remain anonymous when donating with Bitcoin. This can be especially appealing to those seeking to support charitable organizations without sacrificing their privacy. Additionally, Bitcoin transactions are fast and secure.
Transactions are confirmed within minutes and funds are immediately available. Furthermore, Bitcoin's decentralized network reduces the risk of fraud and theft.
Setting Up Bitcoin to Receive Donations
The first step is to set up a Bitcoin wallet. This is like a checking account for Bitcoin, allowing you to store, send, and receive Bitcoin. Many wallets are available, including hardware, mobile, and web-based options.
The next step is to create a receiving address. This is a unique identifier associated with your wallet and is used to receive Bitcoin. You can generate a new address anytime you want.
The third step is to publicize your Bitcoin address. You can do this by posting it on your website, social media accounts, and anywhere else potential donors might see it.
Finally, you should create a thank you message for donors. This can be a simple text or a more detailed message containing information about your organization.
Final Tips for Accepting Bitcoin Donations
When you are ready to accept donations, there are a few things to keep in mind.
Firstly, be sure to provide clear instructions on how to donate. Make sure your instructions are easy to understand and include a link to an online wallet or exchange.
Secondly, you should make sure your donation page is secure. Use a secure payment processor and ensure your website is HTTPS encrypted.
Finally, you should also keep track of your donations. This will help you ensure you are complying with tax laws and properly acknowledging donors.
Cryptocurrency Alternates
Bitcoin has many competitors, including Ether and MATIC. Ether is the most popular Bitcoin alternative and has many features similar to Bitcoin. However, Ether is more volatile and transaction fees can be high. USDC is a stable coin that mirrors the value of the US dollar. USDC is popular as an alternative to savings accounts, and its large market cap makes it stable and secure. There are also many altcoins, such as Cardano, Binance Coin, and XRP, which have their own unique features and advantages.
DipJar is about $400 plus extras, but it provides a credit card processing point for you.
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Exploring online opportunities is a great way for street musicians to supplement their income and reach a wider audience. Here are some tips for making money with your music online:
Use QR Codes so people can simply scan the code to find your website or your payment processing provider. They can even do this while you are playing. This is discussed in greater detail below.
Build a following on social media: Build a following on social media, such as Instagram or YouTube, to showcase your music and connect with fans. You can also build your own website if you don’t have one already, without having to hire a web developer. This is also explained in this chapter.
Utilize streaming platforms: Use streaming platform to reach a wider audience and earn royalties. Some people live-stream while busking, and others busk online, directly, and accept donations online. If you have a substantial following, you can also schedule formal online concerts, either live-streamed or pre-recorded, to reach a wider audience. This can be done with a relatively small number of listeners, and theoretically just one. It may be performed free, by user-specified donation, or a set ticket price. You can use a service such as Eventbrite which can help organize the event and may perhaps add a certain polish to your operation.
You can sell digital downloads of your music, typically in the form of MP3s, through online platforms, such as Bandcamp or iTunes. It is perfectly fine to simply offer these to build your reputation or to help get bookings. When discussing bookings you generally would send a link to your EPK (electronic press kit) which is essentially a website specifically tailored to show that you are worthy of booking the gig. The style can be rustic and down home, or polished and professional. The important thing is that whoever has final say on the booking has a means to see what it is that they are getting for their investment and what they are putting in front of their audience.
If you are proficient in your act and have a sense of competent pedagogy, you can offer lessons online or offline. You can upload some pre-recorded lessons and offer these free to encourage sign-ups for ongoing lessons. Alternatively, you can pay wall the lessons and earn money every time someone downloads a lesson. This may work better in conjunction with direct personal lessons, online or in person, as there is immense competition in the form of free video instruction. If you have a very specific niche which does not have a lot of competition you might do well offering online lessons but I have no idea what kind of niche is not already filled with many competing online lessons..
Crowdfund your music: Crowdfund your music through platforms, such as Patreon or Kickstarter, to raise money from fans and supporters. These can be rewards-based in which you provide, for instance, a CD or downloadable album at project completion or for each donation.
If you have PayPal or Ko-fi or some other payment processing set up, they provide you with QR codes. You can also set up QR codes to your online songs or a website you create. The QR code can be set up to link to anything online. It doesn’t have to be to your intellectual property it could be, for instance, a link to a website that explains the law in your locality.
Creating a QR code is a quick and easy process that can be done in just a few steps.
First, you'll need to create a QR Code. You can do this for free online using a service like Qr code-generator, Qr Code Monkey.(No endorsement, no affiliation.)
Once your QR Code is created, you'll need to add content to it. This could include a URL, text, contact information, or even a location.
Next, you'll need to print the QR Code. This can be done using a standard printer or by using a service like GoQR to print stickers.
Finally, you'll need to place the QR Code in the desired location. This could be on a billboard, a business card, or printed on a product.
Once you've completed all the steps, you will have a working QR Code that can be scanned with any compatible device!
Neocities is a revival of the old Geocities style of easy website creation. I do recommend it as it is useful, free and the server is reliable. It is much easier to use than WordPress. Even if you are not highly skilled at HTML coding, you will be able to create an artist website with your pictures, contact information and links to your SoundCloud, BandCamp, YouTube or Spotify.
Creating a website on Neocities is a great way to get your own piece of the internet! Neocities is a platform for users to create, host and share their own websites in a very accessible and easy-to-understand way. Whether you are a beginner or a more experienced user, you can easily create a website on Neocities with just a few simple steps.
To get started with building a website on Neocities, you need to create an account. You can do this by clicking the “Sign Up” button on the Neocities homepage. Once you've done that, you will be taken to the Neocities dashboard. From here, you can create, manage, and share your website.
The first step to setting up your website is to choose a domain. You can do this by clicking the “Domains” tab on your Neocities dashboard. This will take you to a page where you can select a domain name for your website. Once you have chosen and registered a domain name, you can start building your website.
After setting up your domain name, you can start building your website. Neocities does not require that you buy a domain name. It gives you a sub-domain like geofbard.neocities dot com. Neo provides a variety of tools and features to make building your website easy and fun.
You can upload images, videos, and other files to your website to make it more visually appealing. Lots of people walking by will take your picture and if you have a card or get them to take your email address you can get some pretty cool clips and shots. These work nicely on your website.
Neocities also has a variety of templates you can use to get started quickly. It is really pretty easy to build a simple static website there. If you prefer you can also use many other free websites or WordPress itself but in my opinion a lot of these are unnecessarily complicated and include bells and whistles that jam up the RAM on my computer. I find it easier to just use the simple site and write in Libre Office, save the file as HTML and then upload. You can do that without know anything at all about HTML.
Basic HTIML is actually very easy to learn. If you can read English you can learn simple HTML. Even if you are living in a tent busking for food, you can hit the local library and build yourself a website in an hour and you can even use that website to accept financial support so what are you waiting for?
Once you have finished building your website, you can click the “Publish” button on your Neocities dashboard to make it live. This will allow anyone in the world to access your website. You can also add a custom domain to your Neocities website if you want to use a more personal domain name.
Understanding local laws and regulations is an important aspect of being a successful street performer. However there is a law of the street implied in the way the community self-manages. A better term than “law of the street” might be “social contract”. “Learn the local etiquette among buskers and follow it.”Collaborate with other musicians to gain new perspectives and learn from their experiences and skills.
You can often prevent or resolve disputes over who has rights to a “spot” by teaming up. This is not generally considered to pay off financially, although it can. However, it is a bona fide learning opportunity to play with someone else, even if they are not your first pick for a partner. You might make less money that occasion, but what you learn makes up the difference. You also gain socially, having half of a band already formed. Neighborhood people will appreciate seeing the cooperation and someone may offer you a gig as a duo – some venue owners don’t book solo acts.
One thing you should never do is to fight publicly with another musician over a spot. It is unseemly and will damage the reputation of both parties, possibly also resulting in a complaint.
Permits and licenses: Research the permitting and licensing requirements for street performing in your area, and obtain the necessary permits and licenses before performing.
Time and location restrictions: Familiarize yourself with the time and location restrictions for street performing in your area, such as quiet hours and restricted areas.
Volume limits: Be aware of the volume limits for street performances in your area, and ensure that your music is at an appropriate volume level.
Health and safety regulations: Follow all health and safety regulations, such as obtaining necessary insurance coverage and ensuring the safety of your equipment.
Payment regulations: Be aware of any regulations regarding payment for street performances, such as whether tipping is allowed or if you need a license to accept payment.
Audience Engagement: Know the local regulations regarding audience engagement, such as the use of amplification or handing out fliers.
Legal consequences: Familiarize yourself with the legal consequences of violating local laws and regulations, such as fines or the seizure of equipment.
“Different strokes for different folks…” Sly and the Family Stone
Learn to build positive relationships with other performers. A rising tide raises all ships. Although occasionally there is competition for coveted spots and gigging slots the industry is based upon cooperation and mutual aid. Networking with other street musicians can be a valuable resource for street performers, offering opportunities for collaboration, support, and professional growth. Here are some ways to network with other street musicians:
Join social media groups such as busking.co and Facebook groups. If you are careful to post appropriately you may find a welcome in busking groups which are far from your home base.
Attend local music events, such as street fairs and open mic nights, and meet other street performers and musicians. Join online communities, such as musician forums and social media groups, and connect with other street musicians from around the world. Look for opportunities to collaborate with other street musicians, whether it be through duets, jam sessions, or larger musical projects.
Share resources: Share resources and information with other street musicians, such as tips on finding great performing locations, marketing strategies, and equipment recommendations.
Offer support and encouragement to other street musicians, and be a positive influence in the community.
Learn from the experiences and perspectives of other street musicians, and incorporate their insights into your own musical journey.
Networking with other street musicians can provide valuable connections, resources, and growth opportunities, and can help you build a strong and supportive community as a street performer.
Street Juggling: When juggling on the street, it's important to have a powerful stage presence. It is a challenge to keep track of the items you are juggling and to also make eye contact with your audience but would make for an impressive performance. You can otherwise engage with the audience with patter, by telling jokes, inviting them to participate in the performance, or asking them to make requests. It is not simply a matter of tossing the objects around. A good street juggler can turn any dull sidewalk into a lively, energetic performance space.
Here are some tips for street juggling:
Choose the right props: Street juggling is typically performed with props that are lightweight, compact, and easy to handle. Juggling balls, scarves, and diabolos are great options for street performers.
Find the right location: Look for a high-traffic area with a good amount of foot traffic. A busy street corner, park, or square is ideal.
Start small: Don't start out with a complicated juggling routine. Stick to basic tricks and work your way up to more advanced moves as you become more comfortable with your audience.
Don't be afraid to interact: engage with your audience by making jokes, asking for requests, or inviting them to participate in the performance. (Smile!)
Festivals Juggling: Festivals are a great place to showcase your juggling skills, as they often have a large, diverse audience that is there to enjoy entertainment and art. When juggling at a festival, it's important to be mindful of your surroundings, as there may be other performers and distractions vying for the attention of your audience.
Here are some tips for festival juggling:
Plan your routine: Take some time to plan out your juggling routine and choose props that will be suitable for the festival environment.
Be aware of your surroundings: Pay attention to the other performers and distractions at the festival, and try to find a spot where you can easily draw attention to yourself.
Use props that stand out: Festival crowds can be large and noisy, so choose props that are bright, flashy, or make a lot of noise to grab the audience's attention.
Whether you're juggling on the street or at a festival, the most important thing is to have fun and enjoy yourself. With a little practice and some magnificent stage presence, you can turn your juggling into a crowd-pleasing performance that will entertain and delight audiences wherever you go.
I was busking in Portland back around 2002 and hooked up with Circus Pandemonium. Their specialty was fire-breathing and fire-spinning, also known as the art of Poi. In the Pacific Northwest, this was a highly developed tradition since the constant rain most of the year minimized the concern for fire. With recent shift in climate patterns, horrific forest fires have raged in the region, so it would not be surprising if fire acts diminish in future years.
Fire adds undeniable sizzle to any performance. It is tricky to integrate into street music, but there is a bagpipe player called The Badpiper who manages to extrude plumes of fire from his pipes. That routine is guaranteed to draw a crowd every time.
Fire must be addressed with the utmost respect. In areas of the world which have been traumatized by fire, anyone literally playing with fire is likely to meet considerable legal opposition. Australia and California are both places with strong busking traditions and also some terrible recent fires. And we can never forget the terrible fire memorialized in the classic Deep Purple song “Smoke on the Water”.
Fire is not to be trifled with!
Anyone who purports to be a fire performer presumably has apprenticed with seasoned experts. It is critical to be a very serious person when engaged in pyrotechnics—the consequences of error can be disastrous. Before performing a live "poi" act (juggling fire, flame-eating, etc.), there are several considerations that you should take into account:
Safety: This is the most important consideration when performing a poi act. Make sure that you have proper poi gear and personal protective equipment, training and recent practice to reduce the risk of injury or damage to yourself and others.
Some cities and countries have specific regulations regarding fire performance. Research and comply with any relevant permits and regulations before performing. You may need to engage the service of an attorney,
Choose a fuel that is safe and easy to use. Paraffin wax and kerosene are popular choices among poi performers. Use high-quality poi equipment that is designed for fire performance and meets safety standards. Consider the weight, length, and handle material of your poi when making your selection.
You may be required to show proof of insurance coverage for your poi act, in case of injury or property damage.
Environment: Perform in a safe, outdoor area with enough space and clear of any flammable objects. Be mindful of the wind direction. If you are operating during a dry spell there may be a heightened fire hazard alert in effect nearby, which may factor in your calculations.
Be mindful of your audience and make sure that they are safe and at a safe distance from your act.
Warm up your muscles and practice your routine before performing to prevent injury and ensure a successful performance.
By taking these considerations into account, you can ensure a safe and successful live poi performance.
Juggling swords may seem odd, but it has been going on in this country for a long time. Researcher Stephen Baird turned up this report in the Virginia Gazette, dating from 1738:
There lately arrived here, a Man and his Wife, and with them two Children. who perform the Agility of Body, by various Sorts of Postures, Tumbling, and Sword Dancing, to greater Perfection than has been known in these Parts for many Years, if ever.
Despite its vintage in American history, I recommend that any form of bladed performance be restricted to experts only. Spectator and performer safety is obviously a concern with this activity. But there is also a serious forensic risk, that is, risk of trouble with the authorizes.
I don't mean only that you need to be expert at the physical act of juggling, which is presumed both for spectator safety and performer safety. But you also need to be an expert on the local laws. Bear in mind the case of Francisco Martínez Romero, the juggler shot and killed by police in Chile. Personally, I am not fond of anyone flashing knifes in public. If it is done by a skilled juggler with class and style there must be a time and a place for it. Avoid imposing this kind of routine on a location that people must necessarily traverse in order to access the food market, transportation of other necessary corridors. It should be easy for anyone to keep their distance. You don’t have the right to brandish potential weapons; most knife jugglers don’t think that they are crazy but people trying to walk by don’t know that.
Aside from the risk of being shot by the police, you risk arrest. The law is complex, evolving and inconsistently enforced. There was a prosecutor in California who prosecuted a juggler on "concealed weapons" charges because he had knives strapped to his legs. The theory is that one expects a knife to be on a hip sheath and would not look at someone’s legs to see that they were armed.
On one occasion, I advised a guy who used to bang randomly on a glockenspiel that it was unwise for him to leave a pair of scissors visibly lying out in his random belongings. It should be clear to everyone that you are in no way creating some kind of hazard to the community. He knows he’s not a wild man and can be trusted with scissors, but someone going to buy stuff at the store seeing a very shabbily attired man sitting on the pavement with a child’s toy and a sharps might decide to keep their distance – or complain to management.
If you busk with any dog larger than twenty pounds, it should be on a leash or placidly lying down behind the busker. You may know the dog is not dangerous, but people walking by won’t know that. Off leash dogs sometimes do a lot of harm and speaking as a pit bull owner I really wish people would be more diligent about controlling their dogs.
Mime busking is a form of street performance in which the performer uses miming, or silent gestures and movements to create illusions, show emotions, to entertain an audience, or tell a story without using words.. This form of performance art requires great physical skill and creativity, as mimes must convey their messages using only their bodies. They may dress in distinctive clothing and use props such as hats, canes, or umbrellas to enhance their performance.
The history of mime begins around the 4th century BC, when mime was used for worship and expression of belief and fear of ancient idols. The word mime comes from the Greek term mimos, which means imitator. The first known mimes would imitate tradesmen or animals in the streets. The ancients imitated various animals and forces of nature. This became high art in ancient Greece with the plays of Aristophanes and Aeschylus.
Mime continued to evolve throughout history and became a popular form of entertainment in Italy during the Renaissance. During this time, it was absorbed into the popular Commedia dell'arte. This genre included acrobatics, masked performance, and exaggerated comedy.
Modern mime artists incorporate a variety of styles, techniques, and themes into their shows. It has remained a popular form of expression at all levels; performance ranges from classical plays to street performances. It is rarely scene in the busking scene, so anyone who develops this skill set is likely to achieve notability with ease.
Puppeteers use puppets, often hand made, to put on shows that tell stories, sing songs, and make jokes. Puppetry is an ancient art form that is still beloved by audiences of all ages.
The craft and techniques of puppetry has been taken to a high art in such places as Indonesia, where it is an ancient tradition and high art, and Eastern Europe.
Puppetry involves a combination of performance and technical skill, craftsmanship, and humor. Master puppeteers like Bob Flanagan have dedicated their careers to the art of puppetry, creating and performing with their own puppets.
Puppeteers often use their skills to communicate research projects through short performances. They use a variety of puppetry approaches, such as shadow puppetry, crankies (a physical contraption that is cranked to move puppet characters), and other classic techniques.
Indonesian puppetry, also known as wayang, is a traditional form of puppetry that is still practiced today. Wayang encompasses several different styles and techniques, but some common elements include intricate puppet designs, elaborate storytelling, and the use of shadow and light.
One popular form of wayang is wayang kulit, which uses shadow puppets made of buffalo hide to tell stories. The dhalang, or puppeteer, manipulates the puppets and voices the characters in the story, accompanied by a gamelan orchestra. The intricate designs of the puppets help the audience distinguish between different characters.
In some areas of Indonesia, puppets and other objects are believed to be able to temporarily house ancestral spirits. Puppetry rituals are still held annually at cemeteries at the burial site of village founders.
There are also life-sized puppets used in wayang wong, a Javanese dance-drama based on Hindu epics. The characters are elaborately dressed and often wear masks, with each color and pattern conveying specific meanings. Wayang wong performances can last for hours and involve complex choreography and music.
Overall, Indonesian puppetry is a rich and varied art form that is deeply rooted in the country's culture and history. It continues to be an important part of traditional ceremonies and festivals, as well as a beloved form of entertainment.
Magicians perform illusions and tricks with the aim of entertaining and bewildering their viewers. They are renowned for their theatrical performance styles, clever props, and daring
Street performance has been part of the public's culture for many years, offering entertainment and joy to onlookers. One of the most exciting forms of street performance is tightrope walking. A tightrope performer, also known as a “funambulist”, is an artist and acrobat who performs on a thin wire that is usually held several feet off the ground. This type of show requires balance, strength and courage, as well as a high level of skill. The performer often walks across the tightrope while juggling items such as balls or clubs. Many performers also add additional tricks to their performances, such as somersaults or flips, in order to wow audiences.
Tightrope walking can be a thrilling and captivating experience for observers, as they watch the performer seemingly defy gravity. It is a timeless art form that dates back centuries, and continues to awe viewers today.
Live visual art buskers performers are a unique and fascinating group of artists that have been entertaining and captivating audiences for centuries. They go by various names, including buskers, street performers, and artisti di strada (Italian for artist of the street). Their performances draw on aspects of acting, music, dance, and visual arts to create time-based art that is ephemeral by nature and meant to be experienced as a live event.
Visual arts are in the
unique position of lending themselves to the production of tangibles.
Musicians can produce CDs but these days most music is actually
streamed as even mp3 technology fades into obsolescence. This raises
legal issues around vending which are discussed in other sections of
this book.
It is imperative that the production of live
art not to get paint on the sidewalk and buildings. There are
municipal ordinances about busking which state this explicitly in
some jurisdictions. Everywhere, damage to public or private property
is actionable at law and can generate complaints and opposition. It
should be obvious to not damage property with paint but unfortunately
some need to be reminded not to ruin it for everybody. A ten dollar
tarp under your work is a lot cheaper than a ticket or getting banned
from a location.
People love to watch an artist at work. You are performing!
William Joey Dorsey is a phenomenal street painter in San Diego who also spearheads resistance to the draconian new initiatives the city keeps coming up with the suppress and harass buskers. One notable group of visual art buskers is the Chalk Twins, a duo of artists who create intricate, 3D sidewalk art using chalk. Their works are stunning and have garnered a large following on social media.
Another example of live visual art buskers is the French artist, JR, who creates large-scale, black and white photographic installations that are displayed in public spaces around the world. JR's work is often politically charged and explores issues of identity and community.
Live visual art buskers performers often face challenges, such as weather conditions, noise complaints, and limited performance spaces. Some cities have established programs to support and promote busking, such as London's Busk in London initiative, which provides performance permits, amplification equipment, and promotional support to registered buskers.
Cosplay is a popular form of performance art that has seen a significant rise in popularity in recent years. Anciently, costumed performers would greet visiting royalty. Cosplay buskers treat their audiences with a form of entertainment which was formerly at once fit for royalty but also observed by the masses. Combining costuming, acting, and storytelling, it is no surprise that cosplayers have found a natural fit in the world of busking and street performance. Here are a few tips and tricks for cosplayers looking to take their performance to the streets.
First and foremost, when it comes to busking as a cosplayer, it is important to choose a character that is recognizable and appeals to a wide audience. Popular anime, manga, and video game characters are always a safe bet, as well as well-known comic book and movie characters. Once you have chosen your character, it is time to start crafting your costume.
When it comes to cosplay busking, the costume is the centerpiece of your performance. Ensure that your costume is not only recognizable but also durable and comfortable. You will likely be performing for hours on end, so you want to make sure that your costume can withstand the wear and tear of outdoor performances.
In addition to your costume, it is essential to develop your character's persona. This is where your acting skills will come in handy. Consider the quirks and traits of your chosen character and bring them to life. This will help you stand out from other buskers and create a memorable performance.
One of the benefits of busking as a cosplayer is the ability to interact with your audience. Take advantage of this and engage with people passing by. Pose for photos, hand out business cards, and encourage people to follow you on social media.
The practice of “statuing” or human statue busking is an art form that dates back to the Middle Ages and Renaissance. Royalty and their entourage were welcomed into cities with grandiose displays. Tableau vivant involves creating a group of living statues mounted on an elaborate stand, portraying scenes that spanned history, culture and society. The scene was often decorated to resemble a monument, drawing attention and admiration from onlookers. Human statue busking continues the tradition of Tableau vivant with living statues posed in a roughly static position on a pedestal or platform. The stand can be decorated with intricate designs and detailed ornamentation, or the “statue” can have an elaborate costume resembling a statue, a robot, or even a human made of gold. This can create a mesmerizing effect that draws the attention of onlookers.
A variation is the still robot; when the passers-by toss coins into the hat, the robot moves, offering a handshake. Kids love this act and will happily throw money to see the statue/robot motivate. Tableau vivant can bring historical or fantastical scenes to life in an imaginative and captivating way. By combining traditional elements of pageantry, such as costumes, poses and gesture, with modern techniques like multimedia projection and sound design, performers are able to craft powerful stories and leave a lasting impression on those who witness it. Its ability to evoke emotion and captivate an audience make it a timeless art form that continues to captivate viewers today.
A human statue who rose to fame is Amanda Palmer, who had experience as a figure model in which she kept still for extended periods. She is also busked and performed as a singer-songwriter, a soloist and band member blending elements of punk, pop, and classical music. She was the lead vocalist and pianist of the Dresden Dolls, incorporating elements of street theater into her live shows. She’s also known for innovative use of crowdfunding and controversial lyrics.
Maggie Karlin, a 28-year-old living statue from Chicago, Illinois shared an interesting observation with Business Insider: “if a large group of people is walking by, wink at the oldest lady. She'll stop and giggle, then the whole family will turn, wondering why Grandma is laughing. Suddenly you have a group of people watching you.”
In conclusion, busking as a cosplayer can be a fun and rewarding experience. By choosing a recognizable character, crafting a durable and comfortable costume, developing your character's persona, and engaging with your audience, you can create a memorable performance that will leave a lasting impression. With these tips and tricks in mind, go out and hit the streets!
“They'll stone you when you try to go for good...” – Bob Dylan
While playing music on the street can be a rewarding and fulfilling experience, it can also come with its own set of challenges. Here are some pointers on dealing with challenges facing street musicians.
Personal safety Self-inflicted/unforced errors
Overuse injuries are common. It is important to warm up and warm down when engaged in any athletic activity, and busking can be very athletic. This is especially the case if you avoid using a chair. People like to see you on your feet working hard. But this can wear on knees and back for some players so take breaks as needed. Exercise and stretch during off time.
Traffic It's important to be aware of your surroundings and take precautions to ensure your safety. I know one place where cars rolling down the hill glide to a stop in a parking spot inches behind the buskers’ most popular location. I never play from there, I take a safer position farther away from the shoppers. It is not worth getting hit by a car just to make ten per cent more
Personal safety Malicious actors
Street musicians are at risk of physical harm from thieves, private security and others. Personal safety is paramount, especially when performing in unfamiliar or potentially dangerous locations.
Hecklers: This is rare, but it can occur. Maintain a thick skin. Don't take anything too personally—remember why you're out there in the first place and keep your focus on what matters. You're out there to share your sounds and engage with the community. Some people get their kicks trying see if they can disrupt your cool. Don’t give them that satisfaction.
Crime: Standing out in public with a pile of cash presents a target for theft. The conventional wisdom is to never fight a robbery although there are some feisty buskers who take pride in a contrarian position on that issue. The best policy is to avoid presenting a vulnerable profile: don’t let too much cash accumulate, play with a wall to your back and preferably in well-lit surroundings. In many cases, on-site security works to your advantage, presuming they are not kicking you out.
You can rig up a trick tip basket in which anyone snatching it will not get the money inside. Cut both ends off of a coffee can. Put the money in an instrument case or something that will cup the money if someone grabs the coffee can, which is actually bottomless.
Many cities which have rail systems allow busking and if busking on a train platform be aware that some deranged person pushes someone onto the tracks every year, someplace. It is a standard busking caveat to have your back to a wall to prevent this and the point bears repeating.
There have been numerous tragic incidents with dire consequences for street performers. According to Fox5 Vegas, eight people, including at least one street performer dressed as a showgirl were stabbed in an apparent random attack in October 2022. Independent contractors and hired models wear the classic Las Vegas Showgirl costume to take photos with tourists on the Strip and other locations around town.
The streets are the wild west: Edward "Tuba Man" McMichael died after being beaten and robbed by three 15-year-olds while he was playing late at night in Seattle; as juveniles, they received light sentences, and one killed again.
Police shot and killed juggler Francisco Martínez Romero in Panguipulli, Chile, leading to nationwide riots. This is a complex case worthy of its’ own book. Francisco was juggling swords, and by most accounts the police, who were never reformed after the demise of the Pinochet dictatorship, somewhat arbitrarily interrupted him for an “identification check”. This is peculiar insofar as Francisco was very well known in town, so much that in the aftermath of his death the major vouched that he was a gentle, peaceful person. For whatever reason, the cops shot live rounds at his feet, and in the heat of the moment he ran towards one of the officers with one of his tin swords in hand. In the aftermath of the shooting, nearly a dozen public building were burnt to the ground as protests swept the nation. People as far away as Santiago expressed outrage over the shooting with a form of street theater – not busking, but a close cousin. This is the Latin American practice of publicly expressing discontent by banging on pots and pans, a ritual known as a cacerolazo, roughly translated as “casseroling.”
Weather: Inclement weather can make performing on the street difficult, so it's important to have backup plans, such as performing indoors or rescheduling. Weather: This can be a bigger factor than you may think. This point is driven home the first time a gust of wind upends your hat and you find yourself chasing after dollar bills the wind has blown all over the sidewalk.
I used to play in subzero January temperatures on the Glass Bridge in Tacoma, to the amazement of crowds. The trick was the hand warmers inside my finger-less wool gloves. The small violin neck was easier to keep warm than a wide guitar neck, which also helped me survive those days.
Managing the signal/noise ratio
Background noise: Traffic can interfere with the music, be it cars, shopping carts or rowdy bar-goers. Although it is pleasant to simply grab your axe and start playing, experience shows that people tend to respond better when they can actually hear you. If you find those small portable amplifiers to be a bit tacky, bring a Marshall half-stack and hook it up to a car battery. Do whatever it takes to be heard, or you are really just doing a jazzed-up mine act.
Noise restrictions: Noise restrictions can limit the volume of y our performance, so it's important to research local laws and regulations regarding noise levels. Even if you believe you are operating under free speech legal protections, counterbalancing interests of the state may be regarded as reasonable restrictions on such rights. Excessive noise is an intuitively legitimate state interest, for instance, around hospitals and senior housing. Don't become noise pollution!
Competition: Competition from other street performers and distractions from the surrounding environment can make it difficult to attract an audience. There may be many other street musicians vying for attention and donations in the same area, making it difficult to stand out and earn a decent income. It's important to differentiate yourself by showcasing your unique skills and style. This is why mobility is very useful for an ambitious busker. Locations which are good one day may be clogged with people flying signs or other buskers, tables set up to promote one thing or another. If it gets crowded you might be better off rolling to a better location.
Equipment disasters: Malfunctions can occur, so it's important to have backup equipment and a plan in case of emergencies. Batteries die and in some cases leak acid. I always carry multiple redundant 9 volt, AAA’s and AA’s and frequently have been able to bail out other musicians. Everything needs to be charged up before leaving home, and I use a tester to make sure I have a full charge on the relevant equipment. Extra wire, strippers and needle nose pliers are a must. Headlamps and portable spotlights are a necessity when playing the Christmas season when it gets dark early. Duct tape is useful for such tasks as stabilizing microphones and taping chords down on the sidewalk so people don’t trip over them.
By overcoming these obstacles, street performers can successfully build their careers and reach their goals. Researching local laws and regulations, having backup plans, showcasing unique skills, and ensuring personal safety are all important considerations for overcoming obstacles and succeeding as a street performer.
Weather
“How’s the weather, whether or not we’re together…” - Young Rascals
Handling weather and environmental challenges can be difficult for street musicians, much more so than it may seem to the uninitiated. High winds wreak havoc on sheet music, bills and can even knock over a music stand. People tend to be in a rush to get indoors out of the wind. On the other hand, you can work inclement weather to your advantage. One trick is to play in very cold weather with finger-less wool gloves with hand-warmers inside. You will draw support from people who are simply amazed that you are able to play in such extreme conditions,
Here are some tips for handling other weather and environmental challenges:
Have backup plans: Have backup plans in case of inclement weather, such as performing indoors, finding overhangs or rescheduling.
Research weather patterns: Research weather patterns in your area to better plan for inclement weather and avoid planning to busk during extreme conditions. Make hay while the sun shines, literally.
Be prepared: Be prepared for all types of weather by bringing waterproof gear, umbrellas, and other protective equipment. This may include bringing a flute, which is more resilient to rain, as opposed to a wood instrument that can be seriously damaged by moisture.
Choose the right location: Choose the right location, such as covered areas or busy pedestrian areas, to minimize the impact of weather and environmental challenges.
Dealing with competition from other street musicians can be challenging, but some strategies can help you stand out and attract an audience. It is more productive to work cooperatively!
Differentiate yourself: To some degree we “compete” for audience attention, especially where there are huge crowds. This is where it is helpful to showcase your unique skills and style, such as a special genre of music, playing a unique instrument, or incorporating storytelling into your performance.
Network with other street musicians: Networking with other street musicians can lead to collaborations, referrals, and a supportive community.
Focus on your audience: Focus on your audience, such as their needs and preferences, and adapt your performance to cater to them.
Offer a unique experience: Offer a unique experience, such as interactive performances or special events, that sets you apart from other street musicians.
Be confident: Be confident in your abilities and performance, and let your passion for music shine through.
By differentiating yourself, networking with other street musicians, focusing on your audience, offering a unique experience, and being confident, you can overcome competition and build a successful career. These strategies can help you stand out and attract an audience, regardless of the competition from other street musicians.
Staying motivated and focused on your goal is critical for the success of any street musician.
You can get burned out, especially if you have limited repertoire and must play for many hours. Repetition is useful to a point, but after a while you are just reinforcing a plateau. This is a major drawback to busking and one reason I emphasize that busking is not to be confused with practice, which enforces variety and pushing your limits.
One way to avoid boredom and stay motivated is to establish goals. Learn to play higher up the neck, or develop sophisticated syncopation. Learn a new song, better yet write a new one. Explore new neighborhoods to play in.
Set achievable goals, such as playing a certain number of tunes, a certain number of days, a certain number of hours, or trying out a certain location. This might be some place new, or a spot where you ran into trouble, such as cops hassling or an unsupportive audience.
Keep a positive attitude, even in the face of challenges and setbacks, and focus on the positive aspects of your career.
Surround yourself with positive influences: Surround yourself with positive influences, such as supportive friends, family, and fellow musicians, who can provide encouragement and inspiration. Listen to cool tunes, both new ones and the old standbys. Remind yourself that this is all a labor of love and certainly money is just a one-dimensional scorecard and the means to empower you to help others out.
Stay focused on your passion: Stay focused on your passion for music and the joy it brings to others, and use this as motivation to continue pursuing your career. For me, this amounts to a rule. I always play to advance my musical and lyrical chops, trying out new ideas, new gear or meeting new people. All of this is for its own sake, and any money which may or may not result is merely icing on the cake.
Celebrate your successes: Celebrate your successes, no matter how small, to keep your motivation and focus high. A smile from a passerby, a thumbs up from a kid, a friendly dog going by — all this counts. Just being out of the house on a sunny day, or in a safe sheltered spot if you are "in between indoor living arrangements." Playing a new song for the first time, getting a compliment or a tip from someone new, or trying out a new location — all this stuff is success. You don't need to be driving a Rolls Royce to be a success. You're a bad ass just for being out there playing in the first place, so even on the worst day ever, declare victory.
By setting achievable goals, you, as a street musician, can stay motivated and focused on your goals. Keep a positive attitude, surround yourself with positive influences, stay focused on your passion, and celebrate your successes. These strategies can help you build a successful and fulfilling career in music.
Get Up, Stand Up, Stand Up for Your Rights: Navigating challenges with law enforcement and authorities
Dealing with law enforcement and authorities can be a significant hassle for street musicians, but it doesn’t need to be.
Research local laws and regulations regarding street performance to ensure that you are aware of any restrictions and requirements. Talk to other musicians and street people about what kind of police officers are on the beat and which ones to watch out for.
Be in compliance with the regulations that are constitutional and don’t unlawfully constrain your freedom of speech. Anywhere in the United States you should be able to play in most public spaces. Where permitting systems are in place, it is likely in your interest to comply with them.
Be respectful and polite: Be respectful and polite when dealing with law enforcement and authorities, and try to understand their concerns and requirements.
Know your rights: Know your rights as a street performer, and be prepared to assert them if necessary. This requires research, most of which can be done on line. If a local government violates your rights, talk with an attorney or become an expert in litigation under 42USC1983. This provision of the United States Code is a Federal law that allows anyone to sue that municipality if it Federally-guaranteed violates rights.
A way to sue local government for violating Constitutional rights
42USC1983 is an important amendment to Title 42 of the United States Code, which focuses on Civil Rights. It was passed in 1982 and provides a legal avenue for private citizens to sue state governments if they believe their civil rights have been violated. This amendment gives individuals the right to seek damages or redress from any government entity that has infringed upon a citizens’ rights.
42USC1983 is a federal statute that allows individuals to sue government officials and entities for violations of their constitutional rights under color of state law. This law came into use as a tool to prevent abuses by state officials with the Supreme Court case of Monroe v. Pape in 1961, and it listed three uses for the statute: overriding state laws, providing remedies where state laws are inadequate, and suing government officials and entities for violating constitutional rights.
If you prefer to avoid conflict altogether, consider alternative performance spaces, such as parks or community centers, if the restrictions in your preferred location become disproportionate to your interest in playing the spot. Don’t be afraid to litigate; sometimes the cops give out tickets which are promptly dropped by the prosecutors.
By researching local laws and regulations, pulling a permit where appropriate, being respectful, knowing your rights, and asserting them politely but firmly, street musicians can almost always navigate challenges with law enforcement and authorities and continue their artistry.
Pursue your passion for music and never give up on your dreams.
Success as a street musician is not overnight and takes time, patience, and persistence. With the right approach and a commitment to your craft, you can expand your horizons through busking. Embrace the journey, stay focused on your goals, and keep the music playing!
Making a successful career as a street musician requires dedication, hard work, and a passion for music. It is a challenging path, but one that can also be incredibly rewarding.
By building a strong repertoire, investing in decent equipment, developing your skills, building your chops, marketing yourself, finding the right locations, researching the best places to play, networking with other street musicians, understanding local laws and regulations, making the most of peak hours and busy areas, monetizing your music, and overcoming obstacles, street musicians can build a successful career and make a living from their music.
Practice regularly: The more you practice, the better you will become. Dedicate time each day to playing your instrument and developing your skills.
Be open to feedback: Seek feedback from other musicians, fans, and mentors to help you improve and grow as an artist.
Mutualism: Building relationships with other street musicians can be incredibly beneficial. You can exchange ideas, collaborate on projects, and support each other on your journeys.
Research local laws and regulations: Understand the laws and regulations regarding street performance in your area. If they expect you to but permits or licenses, you may wish to challenge that on Constitutional grounds. This is often a complex decision that requires the advice of local legal experts. The so-called experts may be wrong; only you can decide whether to make a stand, on principle, or to go along with the expectations of others. Rarely, buskers are arrested on frivolous charges and sometimes the charges are simply dropped by the DA.
Stay motivated and focused: It can be challenging to maintain motivation, especially in the face of obstacles and setbacks. Stay focused on your goals and remind yourself why you started playing music in the first place.
Believe in yourself: It takes courage to pursue a career as a street musician, but it's important to believe in yourself and your abilities. Surround yourself with positive people who support your dreams and encourage you to keep going.
Remember, making a successful career as a street musician is a journey, not a destination. Embrace the ups and downs and stay committed to your craft. With hard work, dedication, and a love for music, you can turn your dream into a reality!
By following these key points and strategies, street musicians can build a successful career and make a living from their music. Whether you are just starting out or you are a seasoned veteran, these tips can help you to reach your goals and to build a thriving career in music.
Bibliography
Here are some suggested resources for
further reading and learning about street performance
Benjamin Franklin 1706-1790: The Autobiography and Other Writings
Edited by Kenneth Silverman, Penguin Books, NY, NY 1986
Interactive map of busking laws
The famous Joshua Bell video: thousands just ignored him
https://www.snopes.com/fact-check/joshua-bell-company/
Joshua Bell and the Washington Post Subway Experiment.flv
https://youtu.be/LZeSZFYCNRw
Academic
studies:
Ho, Robbie & Au, Wing. (2021). Differentiating busking from begging: A psychological approach.
Editor Jan Cohen-Cruz
Radical Street Performance: An International Anthology
Publisher Routledge, 2013
ISBN 1136189920, 9781136189920
Passing the Hat – Street Performers in America (Delacorte Press 1981) by Patricia J. Campbell
Underground Harmonies—Music & Politics in the Subways of New York (Cornell University Press 1995) by Susie J. Tanenbaum
Drawing a Circle in the Square-Street Performing in New York's Washington Square Park (University Press of Mississippi 1990), by Sally Harrison-Pepper
Rediscovering the Center City (Doubleday 1988) by William H. Whyte
Popular
reading:
"Streetwise: How to Make a Living as a
Street Musician" by Tom Noddy
"The Busker's Handbook:
A Guide to Making Money on the Streets" by John Jack
"Poi:
A Guide to the Art of Fire Dancing" by Thomas Meadows
"Juggling
for the Complete Klutz" by John Cassidy and B. C.
Rimbeaux
Online Courses:
Online
Communities:
Join online forums and social media groups
dedicated to street performance, busking, poi, and juggling. Connect
with other performers, share your experiences, and learn from their
tips and tricks.
Workshops and Festivals. Attend workshops and
festivals dedicated to street performance, busking, poi, and
juggling. Meet other performers, see live demonstrations, and
participate in workshops to improve your skills.
Watch
videos of street performers, buskers, poi artists, and jugglers to
get an idea of different styles and techniques.
By using these
resources, you'll be able to continue learning and growing as a
street performer, busker, poi artist, or juggler and make a living
doing what you love.
Appendix:
Important Legal Cases
There have been several significant legal cases regarding the rights of buskers or street performers. These cases have been instrumental in promoting buskers' rights and increasing public awareness about their legal rights. Some of the notable cases include
Gold stein v Town of Nantucket, Davenport v Alexandria, (the bag piper case) and Friedrich v Chicago. These cases have helped to establish that street performance is considered a form of artistic free speech and is therefore protected under the First Amendment of the US Constitution.
However, various cities have their own laws and regulations concerning busking, and performers are expected to comply with them. For example, un-amplified busking is permitted almost everywhere in New York City, except within 50 feet of monuments. Chicago requires a permit for every public performance, and there are designated hours and noise limitations. Performances on a subway platform are protected by the First Amendment, but not if the performer steps onto a train.
APPENDIX A GOLDSTEIN V NANTUCKET
Robert
GOLDSTEIN
v.
TOWN
OF NANTUCKET et al.
Civ. A. No. 79-1455-Z.
United States District Court, D. Massachusetts.
September 25, 1979.
*John Reinstein, Mass. Civil Liberties Union Foundation, Boston, Mass., for Robert Goldstein.
Charles A. Goglia, Jr., King, Goglia, Kellogg & Gardner, Wellesley, Mass., for the Town of Nantucket.
MEMORANDUM OF DECISION
ZOBEL, District Judge.
Plaintiff is a professional musician who is known as the "Troubadour of Nantucket". He brought this action for declaratory and injunctive relief, alleging that enforcement by the Town of Nantucket of its Transient Vendor Bylaw deprives him of rights secured by the First Amendment. The bylaw, as applied to plaintiff, is constitutionally deficient.
The relevant facts are not in dispute. Plaintiff has for many years studied and performed the traditional music of Nantucket and is an acknowledged authority on the music and folklore of the island. He plays a number of instruments from the hammer dulcimer to the fife and banjo and he sings. He has performed the music of Nantucket at numerous festivals and in concert but prefers to perform in the tradition of balladeers, on the street. When he performs in Nantucket, he customarily plays the hammer dulcimer and sings, and positions his open dulcimer case so that passersby may contribute donations, and some do. On a number of occasions during the past four years plaintiff attempted to play his music in the streets of Nantucket but was prevented by town officials from doing so. In 1975, he applied to the town for permission to perform, and his petition was denied. In 1978 he again applied and was granted a "conditional permit" for a period of two weeks. The permit specified locations and times at which plaintiff could perform. At the end of the two-week period the Police Chief reported to the Board of Selectmen that there had been "no problems". The Board then advised plaintiff that the new Transient Vendor Bylaw did apply to him and that he would have to obtain a permit before he would "be allowed to proceed further with the playing of. . . [his] . . . music." The bylaw defines "Transient Vendors" to include "any person who engages in a transient or temporary business . . . selling . . . offering for sale or accepting contributions for the offering . . . or providing . . . entertainment." It sets forth the standards for deciding whether a permit may issue. Plaintiff attacks these standards and argues that in light of the First Amendment they include impermissible criteria for regulation of free expression.
By its terms, the First Amendment forbids infringement of the right of free "speech." The Constitutional protection of free speech,[1] moreover, applies broadly to various forms of expression, literary, artistic, political, and scientific. Miller v. California, 413 U.S. 15, 22-3, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973), rehearing denied 414 U.S. 881, 94 S. Ct. 26, 38 L. Ed. 2d 128 (1973). See also, Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 557-8, 95 S. Ct. 1239, 43 L. Ed. 2d 448 (1975) (the musical "Hair"), Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 503, 72 S. Ct. 777, 96 L. Ed. 1098 (1952) (the motion picture "The Miracle"). The substance and not merely a method of expression is protected by the First Amendment:
[While] Each medium of expression, of course, must be assessed for First Amendment purposes by standards suited to it,... `the basic principles of freedom of speech and the press, like the First Amendment's command, do not vary. Those principles, as they have frequently been enunciated by this Court, make freedom of expression the rule.' Southeastern Promotions, Ltd. v. Conrad, supra, 420 U.S. at 557-8, 95 S. Ct. at 1246, quoting Joseph Burstyn, Inc. v. Wilson, supra, 343 U.S. at 503, 72 S. Ct. 777.
Accordingly, plaintiff's public performance of Nantucket's traditional folk music is clearly within the scope of protected First Amendment expression.
The Constitutional guarantee, however, does not confer absolute protection from government regulation of public expression. States may impose reasonable and impartial regulations upon the time, place and manner of public expression. Schneider v. State of New Jersey, 308 U.S. 147, 60 S. Ct. 146, 84 L. Ed. 155 (1939). But "streets, sidewalks, parks, and other similar public places are . . . historically associated with the exercise of First Amendment rights . . ." Amal. Food Emp. U. Loc. 590 v. Logan Val. Plaza, 391 U.S. 308, 315, 88 S. Ct. 1601, 1607, 20 L. Ed. 2d 603 (1968), and "[the Supreme Court] ha[s] consistently condemned licensing systems which vest in an administrative official discretion to grant or withhold a permit upon broad criteria unrelated to proper regulation of public places." Shuttlesworth v. City of Birmingham, 394 U.S. 147, 153, 89 S. Ct. 935, 940, 22 L. Ed. 2d 162 (1969) (citations omitted). In Shuttlesworth v. City of Birmingham, the court recalled thirty years of prior First Amendment decisions and concluded "a law subjecting the exercise of First Amendment freedoms to the prior restraint of a license, without narrow, objective, and definite standards to guide the licensing authority, is unconstitutional." Id., 394 U.S. at 150-1, 89 S. Ct. at 938. (citations omitted)
Nantucket's bylaw subjects entertainers, including plaintiff, to the same licensing requirements as apply to transient merchants and vendors. A permit may not issue without a finding by the Board of Selectmen that issuance "would be beneficial to the best interests of the Town of Nantucket and its inhabitants." In making its determination, the Board of Selectmen are, by the terms of the bylaw, required to consider the "financial responsibility" of the entertainer, the "effect of the [entertainment] on the neighborhood properties", and the interests of public order and safety. As a matter of practice, they also take into consideration the wishes of the merchants in the shopping area. Because three of the licensing criteria, financial responsibility of the applicant, effect on neighboring properties, and the opinion of town merchants are neither narrow, objective nor definite standards, and because those criteria exceed in their scope constitutionally permissible grounds for regulating free expression, the bylaw does not pass constitutional muster. As applied to plaintiff, whose contemplated activity enjoys First Amendment protection, it is unconstitutional.
Defendant contends, however, that plaintiff's activity is commercial speech and thus does not enjoy First Amendment protection. It further argues that even if the performance is protected activity, the enforcement of the bylaw conforms with the guaranteed right of free expression and permits only impartial restriction of the time, place and manner of plaintiff's activity. Neither of these contentions is availing.
The United States Supreme Court recently observed that "the notion of unprotected `commercial speech' [has] all but passed from the scene." Va. St. Bd. of Pharm. v. Va. Cit. Cons. Council, 425 U.S. 748, 759, 96 S. Ct. 1817, 1824, 48 L. Ed. 2d 346 (1976), citing Bigelow v. Virginia, 421 U.S. 809, 95 S. Ct. 2222, 44 L. Ed. 2d 600 (1975). Indeed, "[s]peech . . . is protected even though it is carried in a form that is `sold' for profit (citations omitted), and even though it may involve a solicitation to purchase or otherwise pay or contribute money." (citations omitted) Va. St. Bd. of Pharm. v. Va. Cit. Cons. Council, supra, 425 U.S. at 761, 96 S. Ct. at 1825. See also Bates v. State Bar of Arizona, 433 U.S. 350, 363, 97 S. Ct. 2691, 53 L. Ed. 2d 810 (1977). The fact that plaintiff accepts contributions of passersby during his public performances, thus, does not dilute plaintiff's protection of the First Amendment. It plainly does not broaden defendant's limited mandate to exercise impartial regulations upon the use of the sidewalks for public expression.
Defendant's second argument is contradicted by the very terms of the bylaw which chart a course of Town inquiry that ranges far beyond the narrow parameters set by the First Amendment. Neither the language of the bylaw nor defendant's testimony suggests that any authoritative construction so narrows the bylaw as to comply with the command of the First Amendment. Cf. Cox v. State of New Hampshire, 312 U.S. 569, 576, 61 S. Ct. 762, 85 L. Ed. 1049 (1941). See also Shuttlesworth v. City of Birmingham, supra, 394 U.S. 147, 153, 89 S. Ct. 935, 22 L. Ed. 2d 162 (1969).
The bylaw directs the selectmen to consider, among other factors, the "financial responsibility" of the applicant and the effect of the proposed expression "on the neighborhood properties." The existence of such broad evaluative criteria in addition to specific criteria for the protection of public safety belies defendant's claim that determination of what is "beneficial to the best interests of the Town. . ." contemplates only the interest of public safety. Indeed, the Chairman of the Board of Selectmen testified that one primary consideration in weighing applications is the opinion of neighboring merchants, and on the face of plaintiff's 1978 application to the town there appears a handwritten notation that one of the selectmen is "investigating with merchants."
The requirement of merchants' approval is irreconcilable with freedom of expression. It is unqualified censorship and it is just what the First Amendment forbids. The prayers for declaratory and injunctive relief are granted.
APPENDIX B: DAVENPORT V CITY OF ALEXANDRIA
Lee Davenport, Appellee, v. City of Alexandria, Virginia, Charles Strobel, Chief Of police, Douglas Harman, City Manager, Appellants, 710 F.2d 148 (4th Cir. 1983)
Annotate this Case
US Court of Appeals for the Fourth Circuit – 710 F.2d 148 (4th Cir. 1983)
Heard En Banc Dec. 7, 1982. Decided June 22, 1983
Barbara P. Beach, Asst. City Atty., Arlington, Va., for appellants.
Kenneth E. Labowitz, Labowitz & Labowitz, Alexandria, Va., on brief, and Alan L. Cohen, Alexandria, Va., for appellate.
Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.
ERVIN, Circuit Judge:
This appeal arises out of a challenge by Lee Davenport, a street musician, to the constitutionality of Ordinance No. 2609 of the City of Alexandria, Virginia. Ordinance No. 2609 prohibits performances and exhibitions on the sidewalks, walkways or other public property of the central business district of Alexandria, and Davenport claims this infringes his first amendment right1 to perform on and lecture about bagpipes, his particular specialty. Davenport also charges that a permit scheme created by Ordinance No. 2609 allowing limited performances in eight parks and plazas of the central business district confers unbounded discretion on the city manager to restrict protected expression.
The district court, 683 F.2d 853 (4th Cir. 1982), held for Davenport on both constitutional claims, ruling that the City's total ban of exhibitions and performances from the sidewalks of the central business district was an overbroad and hence unconstitutional restriction on speech, and that the permit scheme allowed city officials to dictate what speech could be heard in the designated open spaces of the district, in violation of the constitutional doctrine prohibiting prior restraints on speech.
On appeal by the City, a panel of this court reversed, holding that Ordinance No. 2609 was a reasonable regulation of the time, place and manner of speech, and that the permit scheme was constitutional because it instructed city officials to issue permits on a first-come, first-served basis leaving no room for discretion.
Davenport petitioned for rehearing en banc, which was granted. We now hold that the permit scheme is constitutional, but because we are unable to say that the ordinance is drawn as narrowly as possible to maximize speech while securing the City's interest in public safety, we are unable to hold that Ordinance No. 2609 is a constitutional time, place and manner regulation of speech.2 We are not prepared, however, to reinstate the district court's holding that Ordinance No. 2609 is unconstitutionally overbroad, for the opinion of the lower court does not set forth findings of fact sufficient to sustain that conclusion. We therefore remand to the district court with instructions to make explicit factual determinations in accordance with our holding in Hickory Fire Fighters Association v. City of Hickory, North Carolina, 656 F.2d 917 (4th Cir. 1981).
On July 8, 1981, the city council of Alexandria enacted Ordinance No. 2609 to address public safety problems in the historic central business district of Alexandria. The central business district, known as Old Town, comprises 201 acres of the City. Many of the commercial establishments of Old Town cater to the tourist trade, so heavy pedestrian traffic is not uncommon. Ordinance No. 2609 bans certain activities from the sidewalks, walkways and public property of Old Town.3 The ordinance applies to all amusement and entertainment activities requiring business licenses, as set out in section 20-82 of the City Code of Alexandria.4 Included among the activities is any "exhibition or performance." Any "similar non-business activity" is likewise prohibited on the sidewalks of Old Town.
Exhibitors and performers are not totally banished from the central business district. The ordinance allows exhibitions and performances to take place in eight "open spaces"5 located within the district, subject to acquisition of a permit from the city manager. Permits are issued on a first-come, first-served basis, and no more than three permits per city block may be issued at any one time. Also, the 9,880 acres of Alexandria lying outside the central business district are not subject to the ordinance.
First, we dispose of Davenport's argument that the permit scheme created by Ordinance No. 2609 bestows limitless discretion on city officials to govern the content of public expression. See Shuttlesworth v. City of Birmingham, Alabama, 394 U.S. 147, 89 S. Ct. 935, 22 L. Ed. 2d 162 (1969). A fair reading of Ordinance No. 2609 discloses no outlet for the exercise of discretion by city officials, because subsection (a) (4) states that "permits shall be issued on a first-come, first-served basis." No duly-licensed musicians or persons engaged in similar non-business activity may be refused a permit if they are among the first three applicants for permission to perform in a given open space. Cf. Heffron v. International Society for Krishna Consciousness, 452 U.S. 640, 649, 101 S. Ct. 2559, 2564, 69 L. Ed. 2d 298 (1981) (First-come, first-served system for allocation of space at state fair "is not open to the kind of arbitrary application that this court has condemned as inherently inconsistent with a valid time, place, and manner regulation because such discretion has the potential for becoming a means of suppressing a particular point of view.")
Davenport's second constitutional claim is more difficult to resolve. He contends that the ban on exhibitions and performances and other similar activities from the sidewalks of Old Town is an overly broad infringement of speech. The city's legitimate interest in the safe flow of pedestrian traffic could be accomplished, says Davenport, by a narrower ordinance that afforded some outlets for protected expression on the sidewalks of Old Town. Under Ordinance No. 2609, speech such as Davenport's6 is confined to the district's parks and plazas, forums which Davenport claims are inadequate alternatives to the sidewalks of Old Town.
The city counters that Ordinance No. 2609 is a constitutional regulation of the time, place and manner of first amendment activity.
In order to pass constitutional muster as a valid time, place and manner restriction on speech, a government enactment must meet several conditions. The enactment and its enforcement cannot be based on the content of the speech thereby restricted. Consolidated Edison Company of New York, Inc. v. Public Service Commission of New York, 447 U.S. 530, 536, 100 S. Ct. 2326, 2332, 65 L. Ed. 2d 319 (1980); Erznoznik v. City of Jacksonville, 422 U.S. 205, 209, 95 S. Ct. 2268, 2272, 45 L. Ed. 2d 125 (1975); Police Dept. of Chicago v. Mosley, 408 U.S. 92, 99, 92 S. Ct. 2286, 2292, 33 L. Ed. 2d 212 (1972). A compelling governmental interest unrelated to speech must be served by the restriction on free expression, and the restriction must be drawn with narrow specificity to be no more restrictive than necessary to secure the government's interest. Grayned v. City of Rockford, 408 U.S. 104, 116-17, 92 S. Ct. 2294, 2303-04, 33 L. Ed. 2d 222 (1972); Hickory Fire Fighters Ass'n v. City of Hickory, N.C., 656 F.2d 917, 923 (4th Cir. 1981). In addition, adequate alternative channels of communication must be left open by the restriction. Schad v. Borough of Mt. Ephraim, 452 U.S. 61, 75-76, 101 S. Ct. 2176, 2186-87, 68 L. Ed. 2d 671 (1981).
The parties agree that Ordinance No. 2609 is a content-neutral enactment motivated by the city's compelling interest in public safety. Where the parties differ is on the question of specificity, i.e., whether the ordinance is narrowly tailored to the government's interest so as to minimize the curtailment of speech. The district court found it was not, writing that
[the ordinance] catches this plaintiff acting by himself, as well as a group composed of ten. It catches and prohibits the activity of this plaintiff and others regardless of the number of them that are in the block, regardless of the width of the sidewalk, and more importantly, regardless of whether they, by their activities, impede or deny public access to commercial buildings or impede the free flow of pedestrian traffic.
The problem we confront on this appeal is that the district court's conclusions are not supported by explicit factual findings, findings which must form the basis of a determination of overbreadth. The district judge, a long-time resident of Alexandria, was invited by the parties to take judicial notice of the character of Old Town, pursuant to Fed.R.Evid. 201(b), which permits a court to exercise judicial notice over facts "generally known within the territorial jurisdiction of the court." While we have no doubt that the district court's exercise of judicial notice was proper, the judge omitted from his opinion a recital of the facts derived from his personal observations of the historic district. After describing the geographical boundaries of Old Town the judge proceeded directly to his conclusions that the ordinance ensnared performers regardless of the number of performers on the block, regardless of the width of the sidewalk, and regardless of whether their activities impeded public access to buildings or the free flow of pedestrian traffic. These conclusions may be drawn from the language of the ordinance itself, of course, and require no empirical observation. The purpose of our review, however, is to determine whether the blanket proscription contained in Ordinance No. 2609 is the narrowest means of securing public safety in Old Town. Before we can make this determination, we need to know more facts about Old Town. In a constitutional challenge such as the present one, the task is to decide "whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time." Grayned v. City of Rockford, 408 U.S. 104, 116, 92 S. Ct. 2294, 2303, 33 L. Ed. 2d 222 (1972). That inquiry in turn "requires careful consideration of highly particularized facts, such as the length or lengths of city blocks, sidewalk widths, and traffic patterns at various times and places around town." Hickory Fire Fighters Ass'n v. City of Hickory, N.C., 656 F.2d 917, 924 (4th Cir. 1981).7 Those facts, in this case, have yet to be adduced. We therefore remand to the district court to articulate the factual premises contemplated by Hickory Fire Fighters. Among the facts to be elucidated are:
1) the daily pedestrian and vehicular traffic patterns throughout Old Town;
2) the streets inside the district where constant congestion precludes sidewalk entertainment and the streets where entertainment could be presented safely, at least during some hours of the day;
3) the forms of entertainment that could be accommodated on those streets found to be safe for performances and exhibitions; and
4) the normal activities of the business district at different times and places.8
This is not meant as an exhaustive list of the fact findings which will enable review of the district court's ultimate conclusion. We invite the district court to make any other determinations--either through the taking of evidence or through a proper exercise of judicial notice--which it feels bear on the question of whether street musicians and other entrepreneurs could function compatibly with the normal activities of the business district. Grayned v. City of Rockford, 408 U.S. 104, 116, 92 S. Ct. 2294, 2303, 33 L. Ed. 2d 222 (1972).9 Finally, we emphasize that we reserve judgment on the ultimate question of the constitutionality of Ordinance No. 2609. Upon further elucidation of the facts, it may well become apparent that this ordinance is the least restrictive alternative for achieving safety goals in Old Town.
REVERSED IN PART, VACATED IN PART AND REMANDED WITH INSTRUCTIONS.
APPENDIX C: FRIEDRICK V. CITY OF CHICAGO
Friedrich v. City of Chicago, 619 F. Supp. 1129 (N.D. Ill. 1985)
US District Court for the Northern District of Illinois - 619 F. Supp. 1129 (N.D. Ill. 1985)
September 18, 1985
619 F. Supp. 1129 (1985)
Walter FRIEDRICH, Individually and on Behalf of Class of Similarly Situated Persons, Plaintiff,
v.
CITY OF CHICAGO and Fred Rice, Superintendent of Police in his Official Capacity, Defendants.
No. 84 C 7719.
United States District Court, N.D. Illinois, E.D.
September 18, 1985.
*1130 *1131 Harvey Grossman, Barbara P. O'Toole, American Civil Liberties Union, William Hannay, Schiff, Hardin & Waite, Chicago, Ill., for plaintiff.
Jonathan Siner, Asst. Corp. Counsel, Chicago, Ill., for defendants.
MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
A class of street performers has sued the City of Chicago ("the City") challenging the constitutionality of an ordinance which allegedly violates the performers' rights to entertain pedestrians on Chicago's sidewalks. They claim violations of their First Amendment rights of expression and Fourteenth Amendment rights to equal protection of the laws. Last month we conducted a trial on plaintiffs' motion for a preliminary injunction enjoining the City from enforcing the ordinance. We converted the hearing into one for permanent injunctive relief. Having heard the testimony, reviewed the paper evidence and considered the parties' legal memoranda, we enter the following findings of fact ("findings") and conclusions of law ("conclusions") under Fed.R.Civ.P. 52.[1] For the reasons stated in those findings and conclusions, plaintiffs' motion for injunctive relief is granted in part and denied in part.
FINDINGS OF FACT
A. The Ordinance in Question
1. The original Chicago Street Performance Ordinance, Ch. 36.1 of the Municipal Code of Chicago, was enacted on September 28, 1983, and terminates on September 28, 1985.[2] (Plaintiffs' Ex. 1, Stipulation of Parties).
2. This ordinance regulates the manner in which street performers may perform in the public areas of Chicago. In particular, among other things, it establishes a permit system for performers, see Chapter 36.1-3; and it requires performers to be spaced at least 100 feet apart, see Chapter 36.1-5(e). Plaintiffs do not challenge these aspects of the ordinance.
3. The first amended Chicago Street Performance Ordinance, entitled "Ch. 36.1 of the Municipal Code of Chicago Amended Concerning Permitted Times For Street Performance," was enacted by a vote of 48-0 on January 23, 1985, and terminates on September 28, 1985. (Plaintiffs' Ex. 2, Stipulation of Parties).
4. This amendment, among other things, stated:
A performer may not use electric, battery operated or electronic amplification except by special permit issued by order of the City Council of the City of Chicago and shall comply in all respects with the Noise and Vibration Control provisions of the Environmental Control Ordinance, Sections 17-4.1 et seq. of the Municipal Code.
Chapter 36.1-5(c) (as amended). Plaintiffs challenge that fact that no permit system exists for these noise provisions.
4A. The City Council of the City of Chicago has promulgated no rules or regulations guiding their discretion in granting or denying special permits for the use of electric, battery operated or electronic amplification under § 36.1-5(c) of the Municipal Code of Chicago.
5. The first amended ordinance also states:
(d) (1) A performer may not block the passage of the public through a public area, and the location of any performer must allow at least six feet for the passage of the public through a public area *1132 except as permitted by the sponsor of an event under paragraph (a) of this Section or otherwise allowed by the Commissioner of the Department of Streets and Sanitation. If a sufficient crowd gathers to see or hear a performer such that less than six feet is allowed or 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. If a performer cannot conduct a performance in a location without blocking the passage of the public or allowing the required six feet of passage for the public, a police officer shall cause the performer to leave the location, but shall not prevent the performer from occupying another location in compliance with this Chapter.
5A. The first amended ordinance also prohibits performances everywhere in the City during late night and early morning hours:
(b) (1) A performance may take place at any time on a transit platform if said performance is not audible at any residence; otherwise, a performance may take place in any public area, but only at the following times [etcetera].
8. Specifically, the second amendment [to the ordinance] limits performances in the three areas to the following days and times:
b. In the "North Michigan Avenue" area, between 11 a.m. and 2 p.m. and 4-11 p.m. on weekdays; all day Saturdays and Sundays; any time between Thanksgiving and Christmas.
c. On Division Street, between Dearborn and State Streets, no performer may perform ever.
9. The Second Amended Ordinance contains a severability clause, which authorizes this Court to strike, if necessary, only unconstitutional parts of the ordinance.
1133 B. The Nature of the Areas Covered by the Ordinance
10. The Rush Street area is a center of Chicago's night-life, offering many bars, restaurants and sidewalk cafes ... Traffic conditions get extremely heavy at [times].
... Besides the cars and pedestrian traffic, there are frequently 20-30 horse-drawn carriages offered for sightseeing which meander up and down Rush Street, State Street and Division Street. Many buses and taxicabs pass through this area. These vehicles exacerbate the crowded situation ... On Friday and Saturday nights the sidewalks are choked with people sightseeing, bar-hopping, dining and people-watching, as well as with prostitutes and other purveyors of illicit goods and services. The area has a carnival atmosphere.
14. Because of the large number of retail and entertainment establishments and tourist attractions in the areas regulated by the challenged ordinances, pedestrians using the sidewalks in these areas commonly stroll aimlessly, slowly wander from place to place, sight-see and talk to other pedestrians they meet on the sidewalks. Because of the width of the sidewalks, the obstacles on the sidewalk and the congestion, pedestrians often walk into the street. As described later, in 1983 and 1984 street performers also sometimes caused pedestrians to walk into the streets. It is also true, however, that pedestrians in the areas of Rush, State and Division Streets regulated by the challenged ordinance often walk into or across the streets, between cars, without being forced to do so and without street performers being present.
15. As noted in the previous Finding, the sidewalks in parts of the Rush Street area are too narrow to handle the pedestrian flow on some Friday and Saturday nights. The sidewalks also contain many obstacles, including such things as parking meters, locked-up bicycles, newspaper machines, fire hydrants and sidewalk cafes. These facts are detailed further below:
Flower pots, 4' × 4' or 5' along the Rush Street area interfere with the ability of pedestrians to walk down the sidewalks without going into the streets ... In addition, several restaurants put out tables and chairs, further blocking the sidewalks along Rush Street , and the City has recently passed an ordinance permitting sidewalk cafes.
There are a total of 77 newspaper machines on the sidewalks along those streets in the vicinity of North State, Rush and Division Streets regulated by the challenged ordinances.
Division Street is the primary tavern, lounge and disco area of Rush Street. The sidewalks are only 7 to 10 feet wide and contain numerous parking meters and light poles. On especially crowded nights in 1984 (such as after Chicago Cubs' baseball games), wooden barricades were put up at least five feet into the street, extending the sidewalks by that much. Putting the barricades up narrowed the vehicular traffic from two lanes down to one, making the traffic more congested.
17. Barricades are not usually used on Rush Street because the sidewalks are wider there. (Id.) However, on rare occasions, such as the night of July 3, 1984, when crowds from the Grant Park fireworks show flooded the area, the police closed Rush Street to vehicular traffic, from Chestnut to Cedar Streets. (Callaghan at 102). Street closings in the area of Rush, State and Division Streets during the spring, summer and fall of 1984 were not a result of the presence of street performers. (Callaghan at 102).
19. North Michigan Avenue is one of the great urban thoroughfares in the world, comparable to New York's Fifth Avenue. The area, which includes the world-renowned "Magnificent Mile," is a business, shopping and entertainment area and, to a lesser extent, a residential area. The street is lined with luxury hotels, posh clothing and jewelry stores, fancy restaurants and architectural landmarks. The cross streets include much of the same, as well as luxury apartments and condominiums.
(c) Encroachments on some of the sidewalks of North Michigan Avenue, such as flower boxes and plots of grass, take up 50% of pedestrian walkway space.
26. The sidewalks in the area, although wide in some locations, are often crowded with people. This is partly the result of people browsing and looking in windows, especially with more of a leisurely crowd on the weekends. Many pedestrians come for entertainment and take their time.
29. To sum up, the public areas of the Near North Side regulated by the challenged ordinances are among the most attractive and crowded entertainment and shopping areas in the City of Chicago for both residents and tourists ... The Rush Street area is composed essentially of wall-to-wall bars, night clubs and restaurants. It purports to be what it in fact is: a place for partying. The street performers complement the carnival atmosphere quite well. The North Michigan Avenue area, on the other hand, is primarily a high-fashioned shopping area, with some elegant residential and office buildings, hotels and restaurants as well. One might describe the atmosphere as one of sophistication, rather than carnival-like. The mesh of this area with the street performances does not enjoy the same superficial compatibility as the Rush Street/street performer mesh. Both the North Michigan Avenue and Rush Street areas understandably are desirable locations for street performances because of the amount of pedestrian activity there. The performers have a huge ready-made audience, some of whose members are willing to be entertained and to pay for this entertainment. No other areas in Chicago, with the possible exception of the State Street Mall and other downtown locations, provide audiences for street performances comparable in size to those at the North Michigan Avenue and Rush Street areas.
C. The Performers: Who They Are, What They Do and Conditions They Cause
30. The Second Amended Ordinance's restrictions have prevented many performers from working in the areas covered by the ordinance. Street performers would perform in many parts of the North Michigan Avenue and Rush Street areas if it were not for the amendments to the Street Performance Ordinance which prohibits performances in those areas. The number of street performer permits issued by the City of Chicago dropped from 763 permits issued in 1984 to 567 permits issued in 1985.
31. Street performers vary, including such artists as accordion players, flute players, banjo players, portrait artists, jugglers, storytellers, mimics and comedians.
32. While some performers, especially musicians, play primarily to entertain and/or earn money, others also perform to make political and social commentary. (Nelson, Toles-Bey testimony). Some performers also play to practice and/or to drum up business (i.e., "get gigs"). (Friedrichs, Nelson, Toles-Bey testimony).
33. The ordinance does not regulate "performances" by street preachers, religiously affiliated solicitors and petitioners for political causes. (Chapter 36.1-1(a); concession of City at closing argument). For example, the religious group "Jews for Jesus" was allowed to put on a dramatic presentation around July 20, 1985, in the Rush Street area, despite the ordinance as amended. (Bogue at 46).
34. The street performers who presented the greatest problems in 1983 and 1984 were the "break dancers." (Flanagan at 18-19). "Break dancing" is a form of dancing, usually done by one person at a time, which involves a great deal of twirling and spinning, especially spinning on one's back, one's arms, one's feet or even one's head. It was very popular in 1983-84 and even spawned several motion pictures.
35. Break dancers generally came toting a piece of cardboard or linoleum, approximately 4' × 4' or 6' × 6', which they would lay on the sidewalk at the building line. As the dancers would whirl on their portable surfaces, audiences would often gather to watch. (Flanagan at 20; Callaghan at 20-21).
36. Break dancers generally occupied six to ten feet of the sidewalk's width for their shows. They would attract five to fifty people, who would form a semi-circle around the performers, sometimes occupying all available space on the sidewalk. When these crowds grew large, pedestrians wanting to pass through would either squeeze through the crowd or circle it by walking into the street. This detour would in turn disrupt traffic on the street, exacerbating traffic conditions. In part because of the performances, pedestrians and drivers would be distracted. This chain of events is inherently unsafe, both for pedestrians and drivers.
37. Fortunately, despite the conditions described in the preceding paragraph, no pedestrian has ever been struck or injured by an automobile or other vehicle while walking in the street in order to avoid persons watching a street performer in any of the areas affected by the challenged ordinance.
38. Street performers were commonly observed in the restricted area in 1984 from April 18 until the end of the warm weather. Usually they were break dancers in a group.
39. The City admits that up to 60%-70% of the street performers in 1984 were break dancers.
40. A flute player was observed on State and Elm and a magician on the corner of Oak and Rush.
41. Although break dancers were the primary "crowd generators" in 1984 , other performers did on occasion draw large crowds. But break dancers created far more problems than other performers in 1984. In fact, pedestrians in the Michigan Avenue area have not had to walk out into the street to avoid the audience of a guitarist or any kind of street performer other than break dancers.
42. The quality and popularity of performances vary widely. Many of the musicians play alone, attracting a few listeners at a time who pass on after a song or two. In situations like this, performers do not significantly disrupt or endanger pedestrian traffic. Even the break dancers did not always draw large crowds. Only "good" break-dance groups would attract a large crowd in the summer of 1984 in the Rush Street area. If break dancers were not "good," they would attract an audience of only four or five people.
43. To some extent, street performers and their crowds were self-regulating. Audiences generally do not exceed fifty or sixty, because additional people would have to stand in the back and could not see well. Sometimes the more experienced performers can control the crowd and direct them to leave passage on the sidewalks. But many performers, especially break dancers, were inexperienced and did not control the crowds. Performers and crowds would generally cooperate with police requests to clear a path on the sidewalk. But if police left to do other things, crowds would quickly refill the side-walks.
44. To some extent, street performers are self-regulating as to where they perform. They do not perform on the narrowest sidewalks.
45. A major problem on Rush Street was with "pirate" break dancers, that is, inexperienced, unlicensed break dancers who did not know how to handle and control the crowds. 60 to 70% of the break dancers on Rush Street were unlicensed. By the end of summer 1984, Lt. Callaghan's enforcement of the 1983 ordinance had reduced to some extent the number of "pirate" performers and, in turn, the problem on Rush Street.
46. In sum, the break dancers presented most of the crowd-control and safety problems in 1984.
47. Street performers are not the source of congestion in the Michigan Avenue and Rush Street areas. Crowds exist without them. However, seeking money and/or attention, street performers go where the crowds are. When they are popular enough to draw a substantial audience, they do exacerbate the already existing congestion problems and can cause a safety hazard.
D. Residents' Complaints
48. During 1983 and 1984, some residents on the side streets on North Michigan Avenue and in the Rush Street area were annoyed and inconvenienced by the amplification used by break dancers and the instruments played by other street performers.
49. Such noise on occasion prevented residents from easily conversing in their apartments, listening to radio or television and sleeping. Their main complaint at trial was noise. Excessive noise levels violate the City's general noise ordinance.
50. In addition, the crowds on North Michigan Avenue and around Rush Street who stop and watch street performers have been so large that residents have been blocked from entering and existing their residences and have been forced to walk in the streets in order to pass these crowds blocking the sidewalks.
51. The above conditions affecting residents were most severe on Friday and Saturday evenings.
E. Police Staffing and Response to the Crowds
52. The size and nature of the crowds in the Rush Street and Michigan Avenue areas create many types of police problems, such as heavy traffic, prostitution, drugs, drunkenness, disorderly conduct, shoplifting and pick-pocketing. Given these extensive problems, street performers in 1984 presented a significant, but relatively secondary, problem for the police.
53. No street performer has ever been arrested for violation of any City ordinance or state statute regarding impeding or blocking pedestrian traffic, obstructing sidewalks, blocking ingress or egress or disorderly conduct while performing in any of the regulated areas affected by the challenged ordinance since the passage of the 1983 ordinance. This reflects the fact that it is not a proper method of crowd control to arrest street performers or audience members for disorderly conduct if they are blocking the sidewalks. In 1984, the general practice of the police was to monitor crowds, ask them and performers to keep space open on the sidewalks and issue warnings if necessary. Police would also persuade many "pirate" performers to leave the street at the end of a performance.
54. Even after the Second Amended Ordinance went into effect, the police did not always enforce it. Police have allowed performances at prohibited times when the performers did not interfere with pedestrian traffic.
55. The police also exhibit great tolerance toward the volume of pedestrians attracted to the areas regulated by the challenged ordinance. It is the practice of the Chicago Police Department to permit tavern patrons to occupy one-half of the sidewalk while waiting to enter an establishment. Deputy Chief Pepp has issued no rules or instructions regarding use of the sidewalks to accommodate lines of tavern patrons. He understands that normal police procedure is to permit waiting tavern patrons to occupy one-half of the public sidewalk.
56. In June 1984, Lt. William Callaghan was assigned to the Rush and Division Street areas in May 1984 and served there until December 1984. Lt. Callaghan's assignment was the first time that the department tried to establish a systematic approach to the diverse problems in the area.
57. Upon his assignment to Rush and Division Streets, Lt. Callaghan evaluated the law enforcement needs of the area and requested the assignment of additional police officers and tow trucks. Though detailing a litany of problems in this report, Lt. Callaghan did not mention street performers at all, and thus did not explicitly base his request for more staffing on problems caused by street performers.
61. On a very active night on Rush Street, as many as sixty-two to sixty-seven policemen, including supervisors, would be assigned. If there was a special event and the weather was going to be warm, additional tactical teams would be requested. The norm of men assigned on Fridays and Saturdays was around fifty, and even with a full sixty-seven man contingent, it was not enough to handle the crowd conditions in the Rush Street area well.
67. When audiences around street performers got large enough in 1984 … a portion of the sidewalk would be opened up to allow pedestrians room to pass through, and people were asked to disperse or reposition themselves in an attempt to keep the area free for people to walk. This required constant attention whenever these conditions existed. Banning performers only in parts of North Michigan Avenue would not significantly alleviate police problems, since performers would congregate and attract audiences at other crowded points.
68. Some of the performers were eliminated because they had not been properly licensed. Similarly, in the Rush Street area, increased enforcement of the license requirement in the late summer and early fall of 1984 reduced somewhat the problems caused by street performers. Also conditions improved in 1984 as the new manpower repeated and therefore better learned their duties and how to deal with street performers.
69. Since the ordinance at issue has been in effect, officers in the Michigan Avenue area have never been called to a scene to redirect pedestrian and vehicular traffic because of street performers. The performers have generally been abiding by the ordinance. The crowd flow is safer than it was before the ordinance. There have been no pedestrians forced into the streets because of a crowd gathering.
70. In sum, on the basis of the above findings, as well as the record as a whole, the Court further finds that the combination of the large crowds, the requisite amount of police staffing and the knots caused by popular performers, strained police resources which are needed for the myriad other problems in the Rush and Michigan areas. Even though the performers were one problem among many and even though most arrests occurred after 11:00 p.m. at Rush Street when performers had left the scene, a serious resource allocation problem existed during those times when performers drew large audiences and when large crowds were already on the sidewalks. Given the presence of the high-crime Cabrini Green area in the same police district and the already large, increased staffing devoted to the area, it would not have been a reasonable alternative for the Department to drain police resources from other areas in the City to deal with the added problems caused by street performers. Arresting performers or large audiences for disorderly conduct is also not a valid alternative.
71. Present police resources are adequate to deal with the typical performer who draws only a tiny audience. Since the majority of the large audiences watched break dancers and since evidence suggests that break dancing is a passing fad, Finding 70 ... might be re-evaluated in future summers.
F. The City's Research Regarding the Ordinance
72. The original Street Performers Ordinance, which contained no special restrictions for the Rush Street and North Michigan Avenue areas, passed the City Council and was signed by the Mayor in 1983 despite the vigorous protests of many businesses and residences in those areas. (Def.Ex. N).
*1141 73. Alderman Natarus, whose ward includes the relevant areas, continued to receive complaints once the performers began playing. Although hearsay as to the truth of the statements in the letters in Exhibit N, the statements in the letters are admissible to show that Alderman Natarus received dozens of complaints. The residents and businesses primarily complained that the performers downgraded the aesthetic quality of the neighborhood or played bad music, thereby threatening to hurt tourist and shopping trades. However, there were also some complaints about excessive noise and crowds which caused safety problems and obstructed building entrances.
74. Although these letters and other complaints no doubt prompted the City Council to pass the two January 1985 amendments, no letters, affidavits, documents, reports or studies, measurements of sidewalk widths or pedestrian flow data were submitted to the City Council or any committee of the City Council in connection with the January 23, 1985 Amendments.
75. The only two people who testified before the City Council or any committee of the Council in connection with the January 23, 1985 Amendments were Alderman Burton F. Natarus, the sponsor of the Amendments, and Assistant Corporation Counsel Jonathan P. Siner, who litigated this case on behalf of the City.
76. Although the City failed to conduct a comprehensive study of the use of the sidewalks by the street performers and resultant pedestrian traffic patterns prior to the passage of the 1985 amendments, these amendments were a good faith attempt by the City Council to respond promptly and in a limited manner to the complaints as presented. Our Conclusions of Law set forth how the City Council succeeded and where it failed.
CONCLUSIONS OF LAW
A. Procedural Matters
2. The Court concludes and the City does not contest that this case is properly brought as a class action pursuant to Rule 23(b) (2) of the Federal Rules of Civil Procedure on behalf of a class consisting of all persons who presently or in the future desire to give artistic performances in the public areas of Chicago and the North Michigan Avenue, Rush Street and Division Street areas of Chicago. The Court finds further that the defined plaintiff class is so numerous that joinder of all class members is impracticable, that there are questions of law and fact common to the class, that the claims of the named plaintiff are typical of the claims of the class, that the named plaintiff has fairly and adequately represented the class, and that the defendants have acted on grounds generally applicable to the class, thereby making appropriate declaratory and final injunctive relief with respect to the class as a whole.
B. First Amendment Standards
3. Performances in the public areas of the City of Chicago by plaintiffs who hold street performance licenses are a form of expression protected by the First and Fourteenth Amendments of the United States Constitution. See Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65, 101 S. Ct. 2176, 2181, 68 L. Ed. 2d 671 (1981) (live entertainment); Cinevision Corp. v. City of Burbank, 745 F.2d 560, 567 (9th Cir. 1984) (rock concerts); Reed v. Village of Shorewood, 704 F.2d 943, 950 (7th Cir. 1983) (rock music in a bar); Davenport v. City of Alexandria, Va., 710 F.2d 148, 150 (4th Cir.1983) (street musician).
4. Just as the First Amendment protects plaintiffs' expression, it also extends special protection to the places where plaintiffs want to perform, the sidewalks. The sidewalks in the areas covered by the ordinance are "public forums." "Sidewalks, of course, are among those areas of *1142 public property that traditionally have been held open to the public for expressive activities and are clearly within those areas of public property that may be considered, generally without further inquiry, to be public forum property." United States v. Grace, 461 U.S. 171, 103 S. Ct. 1702, 1708, 75 L. Ed. 2d 736 (1983) (holding, inter alia, that public sidewalks abutting Supreme Court grounds are public forums for purposes of First Amendment analysis).
5. Because the sidewalks covered by the ordinance constitute a public forum, "the government's ability to permissibly restrict expressive conduct is very limited." Id., 103 S. Ct. at 1707. In general, time, place and manner regulations may be enforced if they are
(1) reasonable,
(2) content-neutral,
(3) narrowly tailored to serve a significant government interest, and
(4) leave open ample alternative channels of communication. Id. (Citations omitted);
See generally Wisconsin Action Coalition v. City of Kenosha, 767 F.2d 1248, 1252-53 (7th Cir.1985). However, the Court may uphold an absolute prohibition on a particular type of expression only if the prohibition is narrowly drawn to accomplish a compelling governmental interest. Grace, 103 S. Ct. at 1707; see also Cornelius v. NAACP Legal Defense & Education Fund, ___ U.S. ___, 105 S. Ct. 3439, 3448, 87 L. Ed. 2d 567 (1985). The restrictions at issue, while content neutral within the class of performers as defined by the ordinance,is not neutral with respect to the type of speaker, since it does not embrace many other classes of speakers and "performers," such as leafletters, picketers or preachers. This does have content-based implications. See Conclusion 33; cf. Police Dept. of Chicago v. Mosley, 408 U.S. 92, 92 S. Ct. 2286, 33 L. Ed. 2d 212 (1972) (analyzing under narrower standard ordinances which restrict some but not all types of picketing). As such, the more restrictive First Amendment analysis applies to this case: the ordinance must be narrowly drawn to serve a "compelling" interest rather than a "significant" interest. The City agrees that the ordinance must narrowly serve a compelling governmental interest. See City's Pretrial Memorandum of Law in Opposition at 4.
6. The requirement that the restrictions narrowly fit the government's legitimate and compelling interests implies both (1) that those restrictions must actually serve those interests and (2) that alternatives less restrictive of first amendment rights cannot adequately protect those interests. See Wisconsin Action, 767 F.2d at 1252.
7. The City bears the burden of showing that its ordinance satisfies the demanding standards of conclusions 5 and 6. Id.
C. Application of Legal Standards
8. The City has satisfied its burden of showing that its interests are compelling. When street performers have drawn crowds large enough to divert pedestrians into the streets in issue, both pedestrians and drivers are endangered. The City has a compelling interest in remedying this dangerous situation.
8A. To the extent the City fails to carry its burden of proof, we may "surgically excise" the offending parts of the ordinance, but we may not drastically rewrite the ordinance in the process. See, e.g. American Booksellers Ass'n, Inc. v. Hudnut, 771 F.2d 323, 332 (7th Cir.1985).
9. The City must also prove that the restrictions chosen in the ordinance actually and narrowly further its compelling interests. In several respects it plainly has not done so:
(a) Times. The City conceded at closing argument that, with respect to the Rush Street area, the ordinance takes effect sooner than necessary on days it applies… Thus, the ordinance violates the First Amendment...
(b) Dates. Although the City contends that crowds in the Rush Street area were serious on Wednesday nights, the evidence failed to show that the crowds came anywhere near the levels of Friday and Saturday nights ... Thus, the ordinance violates the First Amendment to the extent it unnecessarily prohibits street performances on Wednesday nights in the Rush Street area.
(c) Places. The ordinance also covers a broader geographical area than necessary to achieve the City's compelling interest in safety. The evidence showed that serious crowd problems existed in the Rush Street area only north of Oak Street … Thus, the ordinance violates the First Amendment to the extent it reaches Rush Street south ...
12. We disagree with plaintiffs' position that the ordinance will not alleviate crowd conditions. Plaintiffs are surely right that crowds are very dense whether or not street performers play; thus, banning street performers does not reduce the number of people on the street. But banning them at the most crowded times does affect where those people congregate, and thereby significantly reduces the dangers to pedestrians. Performers do not draw crowds into the area, but popular performers act like a magnet to concentrate the crowds that are there and create a "magnetic field" which deflects other pedestrians into the street. In this way, the popular performers do proximately cause special hazardous conditions at the most *1144 crowded times. The ban at those times does remedy this dangerous condition.
13. We also disagree with plaintiffs that the City had reasonable, less restrictive alternatives available to it. While, in theory, more police could have dealt with large audiences as they erupted, we do not think the number of police actually on the street could have, on a consistent basis, adequately handled the audiences caused by street performers in addition to the many other crowd control duties they need to perform. True, the police "got by" in 1984. No pedestrian to our knowledge was hit by a car because of street performers. But the police resources were stretched already … In sum, we think the City has shown that increased police staffing is not a viable alternative to the narrow ban in the Rush Street area.
14. Nor is persistent patrol by current police staff an adequate, less restrictive alternative to the restrictions. It is true in general that enforcement of existing laws, where practicable, is preferred to prior restraints on speech. "A free society prefers to punish the few who abuse rights of speech after they break the law than to throttle them and all others beforehand." Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 559, 95 S. Ct. 1239, 1246, 43 L. Ed. 2d 448 (1975). Plaintiffs claim that the police adequately controlled audiences in 1984 and could continue to do so by strictly enforcing licensing provisions to rid the streets of pirate performers, by enforcing the ordinance's rule that performers be spaced at least one hundred feet apart and by monitoring large audiences on the few occasions they do erupt. … we do not think the alternative of "stepped-up enforcement" fully deals with the safety problems. If the police were to do so, it would necessarily come at the expense of other needed police services.
15. In sum, we conclude that changes in police staffing or practices were not a reasonable, less restrictive alternative to the restrictions in the Rush Street area. However, in light of Findings 70-71, we observe that this conclusion depends heavily on the fact that large audiences were common in 1983-84. In the normal situation where performers draw a nominal audience, no hazards exist, and police resources are not taxed. And if large audiences are uncommon, then current police resources can adequately monitor the few situations when audiences get large without straining police ability to cope with other law enforcement responsibilities.
Thus, if it is true that break dancing has gone the way of the hula hoop and is a faded fad, then perhaps the frequency of large audiences has substantially fallen. We think that given the frequency of break dancers in 1983 and 1984, the City reasonably expected large audiences and hazardous conditions in 1985 and chose necessary means to deal with the problem. However, this could well prove untrue for future years, since the evidence showed that so many of the large audiences existed because of break dancers. Thus, if the City chooses to renew the ordinance next year, it would be well advised to consider the passing of the break dancing phenomenon in its evaluation. If it has passed, and if as the evidence *1145 showed most other performers attract only small crowds, the constitutional underpinnings of the ordinance may have vanished for future years, since the City would no longer have the compelling public safety problem of the magnitude experienced in 1983 and 1984, and police could probably handle the residual problems. On the other hand, fads by definition are difficult to predict. However, if some new entertainment fad arises which, like break dancing, requires large sidewalk space and attracts big crowds, the demise of break dancing may nevertheless fail to affect the constitutional underpinnings of the ordinance in future years ...
16. We also reject plaintiffs' argument that closing off Rush Street to vehicular traffic on Friday and Saturday nights is a viable, less restrictive alternative to the ban on those nights. The traffic is very heavy all through that area, and closing off Rush Street would tangle traffic even further. While First Amendment jurisprudence demonstrates great respect for the rights of speaker in public forums, plaintiffs have shown us no case where a court was so solicitous of speaker's rights that it required a city to close off a main street twice a week for six months every year in order to accommodate the speakers' rights.
17. Similarly, we cannot accept plaintiffs' intimations that the First Amendment requires the City to remove trees, flower boxes, newspaper machines or sidewalk cafes as an alternative to restricting their right to perform on Friday and Saturday nights.
18. To summarize Conclusions 13-17, no reasonable, less restrictive alternatives were available to the City for dealing with crowd conditions in the Rush Street area for 1985.
19. The ordinance leaves open ample alternative channels of communication for plaintiffs in the Rush Street area. As pared in Conclusion 9, the ordinance specifically applies only for eight hours during the week … The State Street Mall and other parts of the City can provide large, if not as affluent or mellow, audiences for performers.
20. The plaintiffs' reliance on Schad v. Borough of Mt. Ephraim, 452 U.S. 61, 75-77, 101 S. Ct. 2176, 2186-87, 68 L. Ed. 2d 671 (1981) is misplaced. There the Court held that a zoning ordinance which totally prohibited all forms of live entertainment within a town violated the First Amendment. In so ruling, the Court reasoned, among other things, that such a total ban left open no alternative channels of communication within the City. Such is not the case here … the City has not banned all live entertainment in the area covered by the ordinance, but only live entertainment performed on the sidewalks during the hours when crowds are heavy enough to create a hazardous condition.
21. Similarly, the plaintiffs mistakenly rely on Davenport v. City of Alexandria, Va., 748 F.2d 208 (4th Cir.1984), in which the Court affirmed a district court's holding that a City's total ban on street performers in the City's central business district for all hours was too broad under the First Amendment. In this case, the ban in the Rush Street area is much narrower, covering only the eight most crowded hours in a much smaller geographical area of the City.
25. However, the extent of the ban is much broader than necessary to protect the City's compelling interests in safety. The City has failed to sustain its burden of showing that a ban is necessary for all of the hours specified in the ordinance … Given all of these facts, we hold that the City has failed to prove that crowds are heavy enough to warrant a ban on street performances after 7:30 p.m. on weekdays.
26. Similarly, while evidence suggests that crowds are heavy on Saturdays and Sundays, the City has not carried its burden of showing that a ban is necessary during all hours on Sunday … The record does not convince us that crowds on Sunday evening are heavy enough to warrant a special total ban on street performances after 5:30 p.m. on Sunday.
28. We also uphold Section 1(b) of the ordinance with respect to its total ban of performances during the Christmas season. The record shows that crowds are especially heavy then, and stores keep long hours. However, we uphold this part of the ordinance for the same reasons that we upheld the Division Street ban. Plaintiffs have not shown that they did or intend to perform during the cold Christmas season. Indeed, as plaintiffs' counsel pointedly asked Sergeant Flanagan on cross-examination, "You never saw a break dancer dancing on snow, did you?" Although intending to show that the ban was not necessary at that time, the plaintiffs implicitly admitted here and elsewhere that they lack standing on this issue, since their First Amendment interests have not been, and apparently will not be, implicated by the Christmastime ban.
31. However, plaintiffs' additional challenge to the "noise control" section of the ordinance is meritorious. That section forbids performers to use sound amplification equipment unless granted a special permit issued by the City Council. See Findings 4, 4A. The section does not specify how to obtain such a permit and sets no standards or guidelines concerning the granting of such a license. Although the City plainly may impose reasonable limitations on performer's volume, see Grayned v. City of Rockford, 408 U.S. 104, 116, 92 S. Ct. 2294, 2303, 33 L. Ed. 2d 222 (1972), it has done so here via the prior restraint of a license, with no restraint on official discretion concerning when to grant a license. Such a restraint violates the First Amendment. See, e.g., Shuttlesworth v. City of Birmingham, 394 U.S. 147, 150-51, 89 S. Ct. 935, 938, 22 L. Ed. 2d 162 (1969) ("a law subjecting the exercise of First Amendment freedoms to the prior restraint of a license, without narrow, objective, and definite standards to guide the licensing authority, is unconstitutional"); cf. Davenport v. City of Alexandria, 710 F.2d 148, 150 (4th Cir.1983) (upholding permit requirement for street performers because standards were precisely defined and city officials had no discretion about whether to issue a permit). The City contends that these permits are granted as a matter of right, but the ordinance does not say that. Under its literal terms, no standard controls official discretion as to granting permits. Thus, we reject the City's defense of the amplification permit requirement of Section 36.1-5(c).[8]
32. The plaintiffs' equal protection challenge to the Second Amended Ordinance must fail to the same extent that its First Amendment claim failed. We note first that the Equal Protection Clause applies to this ordinance since it limits only one class of speakers, "performers"; if religious groups wish to perform or people wish to speak or picket, the Second Amended Ordinance does not apply. However, the Supreme Court has recognized that where legislative classifications affect fundamental First Amendment rights, equal protection analysis largely coincides with First Amendment analysis. See Police Dept. of City of Chicago v. Mosley, 408 U.S. 92, 94-95, 92 S. Ct. 2286, 2289-90, 33 L. Ed. 2d 212 (1972). Both amendments require strict judicial scrutiny of the asserted governmental ends and of how closely the means chosen serve those ends. Id. at 98-102, 92 S. Ct. at 2291-94. This is the analysis we employed in Conclusions 3-8, 11-21, and our conclusions apply with equal force to both the First Amendment and Equal Protection claims.
33. One aspect of the equal protection analysis should be addressed before moving on. At closing argument, we expressed concern along equal protection lines that the ordinance prohibits, for example, a guitarist for pleasure or profit but not a guitarist soliciting or advocating for a religious or political group, the latter of which is of course theoretically capable of drawing a large audience. Despite this potential under-inclusiveness, we think the ordinance as narrowed must stand. Strict scrutiny demands very precise governmental classification, but not perfection. No evidence showed that any performer other than one defined as such by the ordinance ever drew an audience which created a serious safety problem. As such, banning performers like religious solicitors, would be unnecessary, as well as potentially offensive to other First Amendment interests. In sum, we think the City's restrictions reached both as broadly and as narrowly as necessary to achieve its interests in public safety and do not violate equal protection principles.
34. Finally, we reject plaintiffs' separate equal protection challenge to Chapter 36.1-5(b) (1), as amended, which bans performances everywhere in the City after 10 p.m. on Sunday through Thursday and 11 p.m. on Friday and Saturday. See Finding 5A. We note first that this general time regulation does not offend the First Amendment. While many areas of the City, including Rush Street or Michigan Avenue, could probably accommodate performances at later hours, as such shows would not be "basically incompatible with the normal activity of a particular place at a particular time," Grayned v. City of Rockford, 408 U.S. 104, 116, 92 S. Ct. 2294, 2303, 33 L. Ed. 2d 222 (1972), the City was not obligated to identify and make special rules for all of the scores of main areas in the City that could host such performances after 10 or 11 p.m. See National Anti-Drug Coalition, Inc. v. Bolger, 737 F.2d 717, 727 (7th Cir.1984).
35. Having concluded that the City properly drew city-wide "curfews" for performances, we turn to and reject plaintiffs' equal protection complaint that such curfews are directed only at them, but not at other speakers, such as politicians or leafletters. We presume that this aspect of the ordinance exists primarily to regulate noise. The evidence has shown, and we may judicially notice that, most street performances are noisy. Amplifiers are common; but even when amplifiers are not used, performances are often loud, such as when a saxophonist or bongo-drummer plays. See Finding 49. Also, as plaintiffs *1149 have emphasized elsewhere, street performances are common. Other sorts of noisy speech are not. We think the City properly singled out and restricted performers as a recurring and special source of noise. Noise from performers was definitely a problem for the residents who testified. Although the City has a general anti-noise ordinance, a special one directed at street performers was necessary to deal with the regular noise problems caused by performers. It is well established that cities may reasonably restrict noisy speech. See, e.g. Grayned, 408 U.S. at 117, 92 S. Ct. at 2304; Concerned Jewish Youth v. McGuire, 621 F.2d 471, 477 (2d Cir.1980). … In short, we perceive no equal protection problem ...
CONCLUSION
For the foregoing reasons, the Court declares that the ordinances at issue are unconstitutional to the extent they:
a -c. Ban performances in [certain areas and times]
d. Require a special permit for sound amplifiers.
Our "surgical excision" of the constitutionally defective parts of an ordinance is proper, since we have not completely reconstructed the ordinance in the process. See Conclusion 8A. The City is enjoined from enforcing the ordinance's bans to the extent we have held them constitutionally defective. In all other respects, we uphold the ordinances and therefore deny the remaining aspects of plaintiffs' request for permanent injunctive relief. It is so ordered.
We conclude by noting that the ordinance's sunset provision gives the City an ideal opportunity to carefully re-evaluate the ordinance.