The Greater Philadelphia Area
Citizens against the proposed busking ordinance in West Chester, Pennsylvania, have started an online petition at http://www.ipetitions.com/petition/westchesterfootloose.
A physical petition can be signed at the corners of Gay and Church Streets in West Chester.
Jordan C. Norley
West Chester Borough Council
Title: President, 4th Ward
jnorley@west-chester.com
Dear Mr. Norley:
In a Philadelphia Inquirer article on July 8, 2016, you were asked about my concerns over the proposed busking ordinance and you replied, “That is just silly.” While filming police misconduct on June 21, 2016, Sergeant Deighan of the West Chester Borough Police refers to my First Amendment Rights as “non-sense”. ( see https://youtu.be/rrrZBfKH7NM )
I am a writer and have written hundreds of songs on the streets and in the parks of West Chester. Also, I create new arrangements of traditional songs. In addition, I practice with a group of musicians known as the Gay Church Band. At no time have I, nor any of the other musicians, attempted to solicit or engage in commercial activities.
Nevertheless, I and other street musicians have been targeted, swatted, harassed, assaulted and terrorized by the West Chester Police. (see http://JusticeDept.com/West-Chester-Crimes/ ) In one such incident, I was threatened by Patrolman Gregory Cugino for having an “open guitar case”. When I write and play, I often take my instruments in and out of their cases, as well as, let others play them. An open guitar case is not a commercial activity.
I am requesting the ordinance be modified to specifically exempt musicians, such as myself, to help avoid further police misconduct and crimes. The ordinance should also clearly state that an open guitar case does not constitute busking.
Will you assure me of the proper re-drafting of the proposed ordinance?
Thank you. I shall await your advice.
Sincerely,
Daniel Brouse
Borough of West Chester
FOR IMMEDIATE RELEASE
Contact:
Michael A. Cotter, Borough Manager
610-692-7574 x353
macotter@west-chester.com
Borough Council to Consider Proposed Street Performance Regulation Ordinance
West Chester, Pennsylvania [July 7, 2016]:
Borough Council is considering implementing regulations that will permit street performing, or “busking”, to occur in the Borough.
“Busking is an important element to a vibrant downtown in any community, when it is grounded in a set of rules that respect the needs on the busker, business owners, and residents of the community”, stated Michael A. Cotter Borough Manager. “The draft ordinance balances those interests and protects the rights of all impacted by busking”.
The draft ordinance is being proposed by Borough staff for Council to consider at a special public hearing the first week of August. The specific date, as of this date, has not been determined. At the public hearing, staff will review the ordinance with Council, take their questions and comments, and will hear from interested members of the public. The Public Hearing will be held in Council Chambers in Borough Municipal Building, 401 E. Gay St, West Chester, PA.
The draft ordinance defines busking and buskers, and will only apply to busking as defined. Buskers will be required to obtain a permit from the Borough to perform. Busking is limited to certain hours of the day Sunday through Thursday between 9:00 a.m. and 9:00 p.m., and Fridays and Saturdays between 9:00 a.m. and 11:00 p.m. Busking on private property will require the written permission of the property owner. Amplified music is prohibited, and busking must comply with the Borough’s noise ordinance.
“People will have the right to undertake the activities defined in the ordinance as long as they are not busking, stated Mr. Cotter. “The proposed ordinance is intended to regulate busking as a commercial activity only, and represents a reasonable set of time, place and manner retractions on that commercial activity.”