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Posts Tagged ‘First Amendment’

West Chester Outlaws Singing, Dancing and Pantomime

Monday, March 27th, 2017

WEST CHESTER, PENNSYLVANIA — The West Chester Borough Council illegally enacted an unconstitutional law that restricts:
acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art, and reciting.

In July, September and August of 2016, Borough Council held public hearings to discuss a proposed busking ordinance.

After much discussion and debate, the Borough’s legal council stated many changes had been made, including:

  • The removal of sidewalk chalk, reading and pantomime from the list of restricted activities
  • Busking would only apply to performers soliciting money
  • The ordinance would not apply to private property

However, the new ordinance was not advertised and was incorporated into Borough Code without incorporating the voted upon changes.
Read the West Chester Busking Ordinance (pdf)

The ordinance completely bans performance art without a permit. For instance, if you allow a 5-year-old to color with chalk on the sidewalk without a license, you both will be breaking the law. If you obtain a license to perform music and kids start dancing, they will be breaking the law. If you write music without a license and kids start dancing, you all will be breaking the law. Should you and your friends attend a peace rally or sporting event and sing the “Star Spangled Banner”, you will be breaking the law. You are not allowed to read the busking ordinance without a permit.

Many performances are even banned if you have a permit. Under no circumstances can you read within a 100 feet of a library. Choirs are banned from singing within 100 feet of a church. No pantomime or magic is allowed near a hospital.

Two businesses (Penn’s Table Restaurant and Malena’s Vintage Boutique) along with the West Chester Business Improvement District (BID) appear to be behind the illegal passing of the unconstitutional law. Concerned citizens are boycotting these establishments.

On March 27, 2017, Borough Manager Michael Cotter stated, “The correct version is in the process of being posted.”

Related Articles:
West Chester Borough Busking Ordinance
Saturday, July 9th, 2016

West Chester Busking Ordinance Borough Council
Saturday, July 16th, 2016

West Chester Borough Petition Against Busking Ordinance
Saturday, July 16th, 2016

West Chester Busking Public Hearing
Monday, July 25th, 2016

West Chester Busking Ordinance
Monday, September 19th, 2016

West Chester “Street Performing” Law

Saturday, August 6th, 2016

by Daniel Brouse

WEST CHESTER, PA — On August 2, a public hearing was held at the West Chester Borough Hall. The hearing was intended to be for the proposed “Busking Ordinance“; however, just hours before the meeting, the Busking Ordinance was thrown out and a new proposed “Street Performing” ordinance appeared on the borough website. The new ordinance changed “reading” to “reading aloud” and removed sidewalk chalk art. The borough’s attorney said chalk art was removed because a 2-year-old drawing dinosaurs could be found in violation.

Street Performing– Includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading aloud, puppetry and reciting.

Boycott-Malena's, West Chester, Gay Church

Boycott-Malena’s, West Chester, Gay Church

A large crowd of citizens opposed to any ordinance that would restrict the First Amendment filled council chambers. There appeared to be only one person in attendance that supported the proposed ordinance, Malena Martinez. Martinez, owner of the business “Malena’s” at the corner of Gay and Church Streets, said she finds the performances to be annoying.

Contrary to Malena’s opinion were a wide array of artists and fans of the arts. A borough resident presented a petitions with pages of unsolicited signatures of people against any ordinance that would regulate the arts. The signatures were collected at the corner of Gay and Church Streets and included world-class musicians, politicians and supporters of the arts. “We love hearing you play,” was a common comment made by the signatories. One petitioner said he takes a day-trip just to come to the businesses in West Chester because of the street performers.

“It’s an attack on free speech and First Amendment rights in many respects,” said Oliver Kocher, a borough musician. “To try to stifle other people simply because you don’t like what they have to say really isn’t appropriate. People are out there promoting art and promoting culture and it seems to me this is a direct attempt to stifle the display and dispersion of people’s art.” Oliver went on to say, “I am a whistler. Sometimes I don’t even know that I’m whistling when I walk down the street. Under the ordinance, I might be found in violation.”

Tom Wagner, one of the area’s finest lawyers and musicians, explained how the ordinance would be in violation of the Constitution. Any such ordinance would result in an injunction and lengthy court battle for the borough.

Resident Phil LaRue pointed out that there are already enough laws on the books to accomplish the goals of the proposed ordinance.

Several others in attendance also voiced their disapproval of the ordinance. In fact, there were so many people that wanted to speak out against the ordinance that another public hearing was scheduled. None of the council members in attendance appeared to be in favor of the ordinance, so the hearing was postponed until September 21 at 6PM.