First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Philadelphia transit authority revamps street-musician policy

By The Associated Press
04.16.03

PHILADELPHIA — Looking to strike a chord of harmony with street musicians, transit authority officials say they’ll no longer arrest people who perform in the city’s subway system.

The policy change is in response to two lawsuits the city settled — at a cost of $33,000 — with a saxophone player who was twice arrested for playing on SEPTA grounds.

“We’re going to revamp the policy,” Southeastern Pennsylvania Transportation Authority spokesman Richard Maloney said, referring to transit police arrest standards.

Four months ago SEPTA had to pay jazz saxophonist Byard Lancaster $15,000 in damages for arresting him in 2001 for playing in a subway concourse.

Yesterday SEPTA agreed to pay Lancaster, 60, another $18,000 for arresting him a second time in July.

In addition, SEPTA agreed to train its police in the new policy about dealing with musicians on transit property.

The settlement says SEPTA police may not arrest any street musician unless there is probable cause to show the musician is obstructing a highway, being disorderly or violating a noise ordinance or other criminal statute.

“Under no circumstances shall a street musician be arrested or told to leave a location merely because that individual is playing a musical instrument or singing,” the agreement reads.

Lancaster was first arrested for disorderly conduct by city police in November 2000 while playing the flute on a city street. The public outcry was so great that police dropped the charges and issued a citywide police directive not to act against street musicians.

SEPTA, however, has taken a tough stance against musicians on transit property. Lancaster successfully sued after SEPTA officers first arrested him in 2001 for obstructing a public way.

But on July 26 — just weeks after the 2001 case was settled — SEPTA police arrested him for “producing noise” as he practiced on a transit concourse. The charge was dismissed, but Lancaster pursued civil action.

Lancaster, whom City Council has declared a “cultural treasure,” could not be reached for comment.

His attorney, Paul Messing, said his client was “gratified that all the parties recognize that First Amendment rights apply to everybody and recognize the cultural importance of street musicians.”

Lancaster has said he loves to practice in the city’s subway concourses for the acoustics and the chance to earn extra money.


Related

Federal judge overturns Florida city's street-performer ordinance

Law so vague it provides local police 'vast discretion in choosing what actions constitute a performance prohibited under the ordinance,' court finds. 10.16.00

Nation's oldest city tries again in its effort to regulate street performers

But attorney for St. Augustine's roving artists say First Amendment problems still exist with new ordinance. 12.15.00

But seriously, folks, clown wins scuffle over performance permit
ACLU comes to aid of street performer whose act offended some Massachusetts residents. 06.18.01

Divided 9th Circuit backs Seattle's rules for street performers
'There is no case anywhere, as far as I can tell, approving a speech permitting scheme of this kind,' dissenting judge writes. 01.11.08

Despite rulings, street performers may face restrictions
By Courtney Holliday Local governments may consider them panhandlers, who receive less First Amendment protection than entertainers. 02.14.09

9th Circuit: City's rules on street performers must disappear
Balloon artist 'Magic Mike' Berger prevails in First Amendment dispute over regulations at Seattle Center. 06.25.09

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Thursday, September 2, 2010 | 11:55:28
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
1 for All
First Amendment Center history
Glossary
Freedom Sings™
Events
Congressional Research Service reports
Guest editorials
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links