Category: Art

bookmark_borderWest Chester Noise Ordinance

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by Staff Writers

MOTION TO DECLARE WEST CHESTER ORDINANCE § 73-1 B (1) (B) UNCONSTITUTIONAL

WEST CHESTER, PA — The West Chester Borough Noise Ordinance is being called into question after several West Chester Police officers have used the ordinance to justify harassment, hate crimes and civil rights violations against street musicians.

Over the past several months, two musicians have been physically assaulted and arrested by West Chester Police Officers. Scores of other citations have been issued under the Borough’s noise ordinance.

One citizen who has been cited on three different occasions, was not even playing music or making noise. The individual was found not guilty in all cases, but suffered financial loss in fighting the corrupt police officers. The same person has been stalked, harassed and threatened by police officers for having filed complaints against the police officers.

On October 5, 2016, the defendant was found not guilty of a noise violation in the Court Of Common Pleas. Part of the trial included a motion to dismiss:
“The ordinance is overbroad, on its face and as applied to defendant in that it prohibits constitutionally protected expressive activity.”

The lawyer for the defendant brought a guitar into the courtroom and proved it was impossible to play the guitar under the ordinance.

“The ordinance violates the freedoms of expression as guaranteed by the First and Fourteenth Amendments to the United States Constitution and Article 1 § 7 of the Pennsylvania Constitution.”

After the hearing the Judge said, “I wish I could have found him guilty, so that I could rule on the constitutionality of the ordinance.”

More on Harassment, Civil Rights Violations and Hate Crimes in West Chester, PA

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 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