Busking/Street Performing Rights

[MLavoie]

What is the name of your state (only U.S. law)? Florida

I have been having a few email correspondences with a Denise Aldridge who is the Assistant Division Manager for the City of Orlando Parks Division (I originally contacted the City Clerk and was directed to Ms. Aldridge). I had an issue with an event that took place in Lake Eola Park, a public park in Orlando, where I was playing guitar. The incident is described in detail in the first email.

There are three emails pasted below. Sorry that they are long and thank you for reading this post.

Email to the City Clerk of the City of Orlando:

Ms. Brenner,

I am e-mailing to find out about rules and regulations that the City of Orlando may have in place to either protect or restrict busking (aka street performing). Earlier today I was in Lake Eola Park and playing my guitar. This is an act of free speech and a right guaranteed to me by the First Amendment. This is not an act of panhandling, regardless of weather I have a hat on the ground in front of me or not (as numerous court cases have proven).

If you want the documentation please read over some of the court cases listed at Street Buskers Performers and Artists Legal Law. These court cases time and time again say three very important things: 1. Busking is free speech, not panhandling. 2. I am constitutionally permitted to play music anywhere free speech is permitted. 3. I am allowed to accept tips for my performance.

So now that those few things have been brought up I would like to bring your attention to what happened to me in the lovely Lake Eola Park today. A man with the Parks Department named Jason Allan came up to me and told me I was not allowed to play there. I immediately told him that I was not aware of any restrictions at Lake Eola and that I would pack up my gear. However, before I could inquire why this was he simply said something along the lines of, "Move it out of here" and walked away.

Now its hard to convey tone in an e-mail, but I was very offended with the rude, condescending way he treated me, particularly after I politely and unquestioningly yielded to his demand. I had only been playing there for maybe about an hour and had not asked a single person for money except to set a hat on the ground. None of the lyrics in my songs were offensive in any way or contained any profanity. There were many people stopping and enjoying my music, most of which didn't give me a tip and that is perfectly fine with me.

So like I said, before I could inquire further why I was being forced to pack up Mr. Allan walked away. After packing up my guitar I walked down the park and found him a little further down where I politely inquired why I was not allowed to play in the park. He said there was "some ordinance" that he couldn't even tell me anything about except that I wasn't allowed to accept any money for anything. Well I had a feeling that this ordinance is in regards to panhandling, which I was not doing, but every time I tried to say something he interrupted me. Even after I asked him politely to allow me to speak without interrupting he still continued to not allow me to say anything.

It was then that I asked for his name and left the park because he threatened to call police and tell them that I was trespassing. He also said something about Lake Eola Park being owned by the city and thus making it not public property, which confused me greatly because that inference does not seem logical in any way.

By the way, I found the ordinance I am assuming he is talking about and it is pertaining to panhandling. You can view it here: Chapter 43 - MISCELLANEOUS OFFENSES (Specifically Sec. 43.86.2.d)

Anyways, here I am, emailing you, Ms. Brenner, because I feel that I was treated very rudely today, even after I complied with a request by a city official that was unconstitutional, and I want to remedy this in some way. Please let me know if there is any sort of permit that Orlando requires for street performers and also what I can do to preserve my rights and not have something like this happen again.

Thank you very much for reading through this e-mail and I am looking forward to your reply,

Matt Lavoie

Twenty five days after the initial e-mail and a few "We're looking into it" emails, I finally got a reply.

Mr. Lavoie,

Thank you again for your patience. In response to your email regarding busking vs. panhandling in Lake Eola Park we have inquired with our attorney as to the interpretation of City Code. Below is the exact reply that we received:

Park staff correctly interpreted Mr. Lavoie's actions as panhandling. It's a violation of section 43.86, Orlando City Code.

As I understand Mr. Lavoie's actions, he was playing the guitar in Lake Eola with a hat in front of him soliciting donations. According to our ordinance, panhandling includes but is not limited to the act of passively standing or sitting with a sign or other indication that one is seeking donations. In this instance, Lavoie was in Lake Eola Park and "had not asked a single person for money except to set a hat on the ground". The act of placing the hat on the ground was, even by his own admission, a solicitation or an indication that he was seeking donations. Our parks are listed in the ordinance as places where panhandling is prohibited.

I have advised Kim Laskoff, City Prosecutor, of Mr. Lavoie's activities and she agrees with my analysis. I hope this information helps. I have copied Amy so she will be up to speed when she returns. Call me if you have any other concerns.

Lee Lombardy

Having received this reply from the attorney I can tell you that I appreciate your email to advise us how our employee handled the situation. This is something I believe we do have control over and can certainly address. The park manager as well as his supervisor have been tasked with providing additional customer service training to park staff and on-going review of City Ordinance to ensure all staff have a clear understanding.

While I cannot take back the incident that occurred on that day I can apologize for the way you were treated and ask that you please do not hesitate to contact me directly should you have any additional problems with staff at any of our City parks.

We hope that you will continue to enjoy Lake Eola Park but please be mindful of the City Ordinance regarding "donation solicitation" as this is a key factor in panhandling which is prohibited in City parks.

Regards,
Denise

I am too long winded. Continued in the next post...

 

[MLavoie]

...Continued...

My response

Denise,

Thank you for your response, however, Mr. Lombardy seems to have completely ignored the issue here. I have read all of the ordinances referred in detail (as I have cited them myself in my first e-mail) and they all pertain to panhandling. I was not panhandling, as i have been repeatedly accused of now. I was expressing my first amendment rights to free speech and as such I am protected by the constitution to accept tips for that expression (artistic expression, e.g. playing guitar, falls under free speech). Again I will say, "It matters not if people practise artistic free speech for money."

I have provided in our correspondences links to a multitude of resources, court cases, and documentation that supports this yet again and again I am called a panhandler. Please direct your attorney particularly to this resource (Street Buskers Performers and Artists Legal Law) which gives specific court cases that support my right to accept tips. Also this resource (Street Buskers Performers and Artists Legal Law) which gives specific court cases that support everyone else's right to listen and contribute tips if they so choose.

I do not apologize that I take the US Supreme and Federal Court's rulings over the statements of Mr. Lombardy.

Now I demand that my rights be guaranteed by the country I am proud to call my home. I will not be harassed over doing something that is my constitutional right.

If this is not addressed immediately I guarantee you that I will rally my fellow musicians, I will seek legal representation, I will contact local and nation wide news sources, I will do whatever it takes to ensure that as many people as possible know that this is going on and it is not right.

This is in the same vein as the discrimination against Orlando Food Not Bombs. They won, by the way, against Orlando's unlawful ordinance restricting them giving food to the homeless. And the ordinances that have been cited against me don't even apply! If I am expressing free speech I cannot be classified as a panhandler because that protects me under the first amendment, regardless of weather or not I accept tips. I can, however, be referred to as a busker or a street performer or a troubadour. AND I have done my research and Orlando has no ordinances that pertain to buskers, etc.

To sum things up, please get back in contact with Mr. Lombardy (or maybe another lawyer who will actually do their research) and perhaps we can get this resolved before it gets escalated. But I will promise you, I will not be scared off, I will not be given the run around. I know my rights and I will fight for them.

I am a student at the University of Central Florida. I am a member of the Student Government Association. I am graduating with a Bachelors Degree in Computer Science next week with no debt and no loans. I am a hard working member of this community. I am a proud American.

I am not a panhandler. I am not a beggar.

And if I am referred to as one of these again, I promise I will not let this go.

Thank you, Denise, for being very kind in our correspondences. You have been very polite to me and I appreciate that. I do not intend to direct any animosity towards you, I am just fed up with being treated as if I have done some great wrong when I have only practiced my constitutional rights. I mean, when you get down to it, all I have done is play guitar in the park.

Thank you very much and I look forward to your reply,

Matt Lavoie

My writing in that last e-mail (which I just hit send on) probably could have been a little bit more bureaucratic but I am very frustrated and I guess it is reflected in my writing. Anyways, I would greatly appreciate any advice you might have on my situation.

Thank you very much again for reading this.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[You Are Guilty]

You are mad because the park employee was rude? (Because I can't see anything else that they actually did to you). What is it exactly you would like to see happen here?

 

[LeeHarveyBlotto]

Of all of the people with very real problems in the world, none is more important to me than someone too slothful to actually do work being denied his right to bum spare change.

 

[MLavoie]

I work full time and I am a student (actually graduating in a week). I think calling me slothful is a tad out of line.

I am mad because the park employee threatened to have me arrested on grounds of trespassing if I did not leave. I am mad because I was doing nothing but expressing my artistic free speech protected by the first amendment. There are many places who's culture and community are greatly improved because they do not harass those members of their community who contribute artistically to the public. Of course I understand there are the odd ones when it comes to street performers, but that can be said of anything.

Some of the more famous people who have done exactly what I am trying to do include Benjamin Franklin, Paul McCartney, Bruce Springsteen, Sting, Bon Jovi, and many more. Are they slothful bums?

As I said in my last letter:
"If I am expressing free speech I cannot be classified as a panhandler because that protects me under the first amendment, regardless of weather or not I accept tips."

Am I wrong in saying this despite the list of court cases I have cited saying it is so?

All I want to happen is be permitted to busk in any public form that permits other forms of free speech (such as Lake Eola Park). All I was looking for here is a little bit of advice.

Thank you.

 

[ecmst12]

Express your free speech without the hat. Problem solved.

 

[MLavoie]

Even when I have gone and played without a hat people have stopped and handed me tips. If that were to happen I could still be thrown out of the park. And on top of that, I am well within my rights to accept tips for my artistic free speech.

I don't get why no one seems to care that my rights as a citizen are downright being defecated on.

 

[LeeHarveyBlotto]

I don't get why no one seems to care that my rights as a citizen are downright being defecated on.

They are? The only time we've heard about you being in this park, you left voluntarily.

 

[ecmst12]

People handing you tips would not get you thrown out. The hat sitting there actively soliciting for donations seems to be the problem. I expect there might not also be a problem if you had some CDs on display which were for sale, unless there are other restron vending in the park.

 

[justalayman]

As I said in my last letter:
"If I am expressing free speech I cannot be classified as a panhandler because that protects me under the first amendment, regardless of weather or not I accept tips."

Is this like the rubbing your stomach and patting your head at the same time thing? Talking is talking; panhandling is panhandling. Unless you are very limited mentally, I wouldn't see doing both at the same time as being overly difficult.

 

[justalayman]

=MLavoie;2547801]..


My writing in that last e-mail (which I just hit send on) probably could have been a little bit more bureaucratic but I am very frustrated and I guess it is reflected in my writing. Anyways, I would greatly appreciate any advice you might have on my situation.
?[/QUOTE]

I would suggest your education has failed you. Rather than being bureaucratic, I would suggest you meant; diplomatic. You are arguing against the bureaucracy so why would you believe you being bureaucratic would be beneficial to you?

Maybe that same deficiency is why you are having a difficult time distinguishing the difference between panhandling and expressing your rights.

 

[justalayman]

=MLavoie;2547936]Even when I have gone and played without a hat people have stopped and handed me tips. If that were to happen I could still be thrown out of the park. And on top of that, I am well within my rights to accept tips for my artistic free speech.

have you tried that? Have you been cited or ordered to stop?

I don't get why no one seems to care that my rights as a citizen are downright being defecated on.[

maybe because nobody sees where your rights have been restricted.

as with any law; you have no right to contest it until you are charged with it. So, if you want to argue your case, go back into the park, play your guitar, do NOT hold your hand out after playing like you are suggesting people tip you, leave the hat at home and when you are ordered to stop, kindly tell them you will not. Then, they will either cite you or arrest you. Then you can argue your constitutional rights in court, the proper venue for your arguments.

and just a hint: if you are going to cite some case law, first, make sure it applies to your jurisdiction. Then, don't send the other party and state: it's in there somewhere. look for it if you feel the need to read it.

You need to be specific with your support or don't bother.

 

[stealth2]

Maybe they just think you don't play that well...

 

[CdwJava]

Even when I have gone and played without a hat people have stopped and handed me tips. If that were to happen I could still be thrown out of the park. And on top of that, I am well within my rights to accept tips for my artistic free speech.

I don't get why no one seems to care that my rights as a citizen are downright being defecated on.

You were told to leave and you did. You were not arrested or charged with an offense, so you have no cause of action on that front.

You are certainly free to engage an attorney and sue the city of your lost tips if you think you can prevail. However, I do not think that gamble will be cost effective. Until arrested or cited for violating the ordinance there is not a whole lot you can do about it besides complain.

If you are upset about the employee's attitude, it appears they addressed that and you even got an apology. But, if you think your e-mailing will get the city, the city attorney, and the city prosecutor to change their opinion of the ordinance and interpretation, you're dreaming. If you feel that strongly, go out and get yourself arrested and then fight the machine. Until then, you have a choice: Don't play for tips, or risk arrest.

Understand, also, that no all speech or expression is permissible under the First Amendment. One can argue that this is a commercial activity and as such is governed by other rules. It also seems apparent that by putting out the hat your actions (not speech) violate the ordinance. Unless the ordinance is struck down by a court, you face arrest for violating it as the city interprets it. I suspect that it is very likely that the cops will see it the city's way and if you continue to play in the park, you will eventually encounter the cops.

Or, maybe you got unlucky that day and you will never in the future see a worker or a cop that will care about you playing in the park.

 

[Hot Topic]

I suspect that you knew exactly what you were doing when you put down the hat; you hoped that people would reward your playing by putting a few dollars in the hat. You enjoyed playing, but you really hoped to make some money out of it. If you hadn't, you wouldn't have put out the hat.

You're a troublemaker. Get over yourself. And don't compare yourself to people like Paul McCartney. You couldn't hold his guitar case.