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bookmark_borderWest Chester Street Performance Ordincance

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by Daniel Brouse

WEST CHESTER, PA — A second public hearing for a proposed ordinance to regulate street performers was held on September 21 at Borough Hall. Due to the time length of the meeting, a third public hearing has been scheduled for October 18 at 6PM.

The ordinance would regulate “the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading aloud, puppetry and reciting.”

Borough council members spent an hour-and-a-half suggesting changes. One of the most significant changes was to the Purpose of the ordinance, changing “the Borough Council therefore seeks to encourage such performances” to “the Borough Council therefore seeks to regulate such performances”. Council members Michael Galey and William J. Scott brought up concerns over unnecessary regulations, redundant regulations and over-reaching regulations. Quite a bit of discussion revolved around applying the regulation to private property. Surprisingly, there was no discussion about how this law would be applied to minors. At the previous hearing, a resident was voiced concerns, “If I’m playing a guitar and children start to dance, are they in violation.”

Eventually, comments by the public were heard. The overwhelming majority of the comments were against any attempts to regulate free speech.

The West Chester Business Improvement District (BID) executive director, Malcolm Johnstone stated his support for the ordinance. Only one business came out in favor of the ordinance. The owner of Penn’s Table Restaurant complained that the artists blocked the public right-of-way.

Comments against the ordinance came from a wide array of artists, performers and fans. Tom Wagner, Esquire, stated his opposition to the ordinance based on The First Amendment. Virginia Schawacker, director of Shaw Strings, voiced her concerns about regulating musical performances especially when on private property. Tony Webb has an architectural firm on Church Street and talked about his support for the music. A variety of musicians and students from West Chester University spoke out against the ordinance. Brad Rau, who holds a masters degree in classical guitar and teaches in West Chester, created a petition in support of the arts. The petition with hundreds of unsolicited signatures of citizens against regulating the arts was presented.

The discussion will continue in October.

bookmark_borderWest Chester Attempts to Regulate Free Speech

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by C. Moore

WEST CHESTER, PA — At the second public hearing for a proposed ordinance to regulate street performers, the problems with creating a law that violates the Constitution of the United States became increasingly apparent. In fact, the ordinance is so problematic that a third public hearing has been scheduled for October 18 at 6PM.

Police Chief Scott Bohn and Mayor Carolyn Comitta
Police Chief Scott Bohn and Mayor Carolyn Comitta

At the request of the Borough, Police Chief Scott Bohn tried to explain why the ordinance would help the police. Part of the reason they are trying to pass this ordinance is because Mayor Comitta and Police Chief Bohn are already embroiled in allegations of hate crimes and civil rights violations against street performers. Two musicians have been assaulted by West Chester Police officers and wrongfully arrested. Dozens of citizens have been wrongfully cited. The proposed ordinance would attempt to legalize criminal activities committed by the Borough Police.

Borough council members held a slugfest for the next two hours suggesting a multitude of changes. Ironically, one of the most significant changes was to the Purpose of the ordinance, changing “the Borough Council therefore seeks to encourage such performances” to “the Borough Council therefore seeks to regulate such performances”.

Eventually, comments by the public were heard. The overwhelming majority of the comments were against any attempts to regulate free speech; however, a couple of music haters did voice their opinion.

The West Chester Business Improvement District (BID) executive director, Malcolm Johnstone has been accused of committing hate crimes and civil rights violations; nevertheless, he stated his support for the ordinance.

Residents Boycott Penn's Tavern
Residents Boycott Penn’s Tavern

Only one business came out in favor of the ordinance. The owner of Penn’s Table Restaurant complained that the artists blocked the public right-of-way. The audience found this quite hypocritical since Penn’s Table Restaurant’s customer seating on the sidewalk impedes the public thoroughfare on a daily basis.

Comments against the ordinance came from a wide array of artists, performers and fans. A songwriter and arranger (who has written hundreds of songs at the corner of Gay and Church Streets) voiced his concern about police mistakenly accusing him of performing. He then presented pages of unsolicited signatures from individuals opposed to regulating the arts.

After the meeting the resident stated, “If you want to see me perform, I get on stage and you have to buy a ticket. ‘Street Performance’ is an oxymoron.”

bookmark_borderWest Chester Busking Ordinance

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West Chester Plans to Restrict Singing & Dancing

Public Hearing: September 21 at 6PM
West Chester Borough Hall 401 East Gay Street West Chester, PA 19380
#WestChesterFootloose

“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.”

 

The West Chester “Footloose” Ordinance

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.

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.

In contrast to Malena’s opinion, a wide array of artists and fans of the arts spoke out against the regulation of the humanities. 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.

ALSO SEE:

Hate Crimes, Human and Civil Rights Violations in West Chester, Pennsylvania

The Original West Chester Busking Ordinance