Street Performers and Residents Voice Concerns over New West Chester Ordinance

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A new draft ordinance that would allow but restrict street performing--or busking--is stirring controversy among artists and residents in West Chester.

During a special public session Tuesday evening, West Chester residents filed into borough hall to voice concerns over a draft ordinance that would add to restrictions on public performers in the borough.

According to the draft ordinance, “the borough finds that the existence in the borough of street performers provides a public amenity that enhances the character of the borough…and seeks to balance the interest of the street performers with those of the residents, businesses and institutions of the borough.”

So to that end, the draft ordinance outlines a registration process for performers, requires the public display of registration cards, restricts performance to designated public areas and times, and makes allowances for artists to solicit donations and sell CDs or t-shirts.

Furthermore, puppeteers, singers, musicians, pantomimes, dancers, and other registered performers are all still subject to the noise code. The use of electronic sound amplifiers by street performers are prohibited (the ordinance even singles out phonographs).

After some brief comments from the council, Borough Council President Ellen Koopman opened the floor to a large gathering of residents, performers, and at least one business owner for public comment.

Tom Wagner—a Downingtown attorney and street performer—said he didn’t think there was constitutional support for the ordinance.

“It’s a prior restraint on free speech and it’s going to result not in an ordinance but in a fight in federal court.”

Wagner added that the cars are most often louder than the acoustic performers.

“This ordinance is a solution in search of a problem.”

One speaker tried to strike a more conciliatory tone.

Jackson Wagoner, who performed near the Starbucks as a WCU student, said he was glad to see the borough taking steps toward clarifying its relationship with performers.

It was confusing, he said, when he received tips from the mayor and fines from the police. But Wagoner stopped short of endorsing the draft ordinance.

Phil LaRue seemed confident the issues addressed by the ordinance could be solved by enforcement of laws already on the books. He said as much before urging the council to vote no on the ordinance.

Only one spoke in definite support of the ordinance–Malena Martinez, owner of Malena’s Vintage Boutique in West Chester–expressed annoyance with the street performers as she pleaded with council members to see things from her point of view.

“When you’re walking down the street it’s just a passing moment but for me, it’s a constant 8-10 hours a day, 7 days a week.”

The next hearing for the draft ordinance is scheduled for September 21 at 6pm inside borough hall.

 

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