Comments on: The musical sounds of the subway platform http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/ A New York City Subway Blog Mon, 13 Feb 2012 09:51:14 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Michael Barrows http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66921 Michael Barrows Thu, 19 Nov 2009 15:45:40 +0000 http://secondavenuesagas.com/?p=4215#comment-66921 Today my friend Keni Lee Burgess went into NYC to his favorite busking spot in the subway. 57 + Lexington. He played for a bit then was approached by a police officer who told him to leave. There has been a huge increase in police harrassment of buskers in NYC. I understand the problem when a crowd grows on a sidewalk, but when you're on a subway platform where your audience changes every three minutes the harrassment is not only ridiculous it's unconstitutional. First Ammendment the right to free speech covers this. The harrassment of buskers needs to stop. It's either legal or illegal black or white it's that simple. Today my friend Keni Lee Burgess went into NYC to his favorite busking spot in the subway. 57 + Lexington.
He played for a bit then was approached by a police officer who told him to leave.
There has been a huge increase in police harrassment of buskers in NYC. I understand the problem when a crowd grows on a sidewalk, but when you’re on a subway platform where your audience changes every three minutes the harrassment is not only ridiculous it’s unconstitutional. First Ammendment the right to free speech covers this. The harrassment of buskers needs to stop.
It’s either legal or illegal black or white it’s that simple.

]]> By: Jim from NY http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66595 Jim from NY Wed, 11 Nov 2009 04:29:26 +0000 http://secondavenuesagas.com/?p=4215#comment-66595 The musicians on the subway, especially the platforms, are extremely annoying. I cannot hear myself think let alone be able to hear any official announcements. The whole program should be disbanded and all musicians banned. I cannot even have a decent conversation with the person or persons that may be with me due to those noisemakers. I can live with the noise the trains make because it is intermittent and there is a quiet period in between. The musicians make for a more nerve shattering commute than it otherwise would be without them. The musicians on the subway, especially the platforms, are extremely annoying. I cannot hear myself think let alone be able to hear any official announcements. The whole program should be disbanded and all musicians banned. I cannot even have a decent conversation with the person or persons that may be with me due to those noisemakers.

I can live with the noise the trains make because it is intermittent and there is a quiet period in between. The musicians make for a more nerve shattering commute than it otherwise would be without them.

]]> By: AK http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66548 AK Tue, 10 Nov 2009 14:24:49 +0000 http://secondavenuesagas.com/?p=4215#comment-66548 I don't see why not, Alon! I don’t see why not, Alon!

]]> By: Busking: Americans Don’t Like Street Performing « The Website of Dallas Vietty http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66545 Busking: Americans Don’t Like Street Performing « The Website of Dallas Vietty Tue, 10 Nov 2009 13:48:12 +0000 http://secondavenuesagas.com/?p=4215#comment-66545 [...] Busking in New York Subway [...] [...] Busking in New York Subway [...]

]]> By: Alon Levy http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66539 Alon Levy Tue, 10 Nov 2009 03:40:34 +0000 http://secondavenuesagas.com/?p=4215#comment-66539 Glenn Beck and Rush Limbaugh's entire existence is rude. If we ban subway performers, can we ban them, too? Glenn Beck and Rush Limbaugh’s entire existence is rude. If we ban subway performers, can we ban them, too?

]]> By: Mike HC http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66536 Mike HC Mon, 09 Nov 2009 20:17:26 +0000 http://secondavenuesagas.com/?p=4215#comment-66536 Three thoughts: 1) I usually have head phones in so it blocks out most of the sound anyway. 2) I have no problem with musicians trying to make some money on the subway platforms. They are just trying to make a living and are at least trying to entertain you. 3) It can get annoying when the subway is crowded and a five piece band is taking up a third of the walking space while I'm trying to switch trains. It really is not that big a deal though. Three thoughts:

1) I usually have head phones in so it blocks out most of the sound anyway.

2) I have no problem with musicians trying to make some money on the subway platforms. They are just trying to make a living and are at least trying to entertain you.

3) It can get annoying when the subway is crowded and a five piece band is taking up a third of the walking space while I’m trying to switch trains. It really is not that big a deal though.

]]> By: Eric http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66530 Eric Mon, 09 Nov 2009 19:07:35 +0000 http://secondavenuesagas.com/?p=4215#comment-66530 The only buskers I mind are the dancers who set up camp near the foot of the escalators at the Times Square station, in between the shuttle and the 1/2/3. They usually have a large group of people watching and it's annoying to try and fight your way around it to get to the street. The only buskers I mind are the dancers who set up camp near the foot of the escalators at the Times Square station, in between the shuttle and the 1/2/3. They usually have a large group of people watching and it’s annoying to try and fight your way around it to get to the street.

]]> By: AK http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66529 AK Mon, 09 Nov 2009 18:44:04 +0000 http://secondavenuesagas.com/?p=4215#comment-66529 Well, I'd look at that ruling another way. First, the Second Circuit Court of Appeals (the Supreme Court chose not to review the case), stated that a majority of riders perceive begging as "intimidating, threatening, and harassing." While the hat goes out with musical groups, I think the level of "intimidation" is lower. Second, the vote was 2-1. It is not at all clear that a different set of judges would find similarly in a "music" case, although, as I noted above, in a post-9/11 environment, the judges would almost certainly be concerned about means of egress in the event of an underground terror attack. Third, and most importantly, music has far more "communicative character" than begging, and thus generally would be more carefully protected under the 1st Amendment (though surely not as protected as, say, political speech on a subway). The dissenting judge noted that the Supreme Court, in a case called Schaumburg, had held that charitable solicitation is protected because it "is characteristically intertwined with . . . speech seeking support for particular causes or for particular views on economic, political, or social issues." For those interested in reading the opinion cited by Christopher, the case is Young v. New York City Transit Authority, 903 F.2d 146 (2d Cir. N.Y. 1990). Good stuff! Well, I’d look at that ruling another way. First, the Second Circuit Court of Appeals (the Supreme Court chose not to review the case), stated that a majority of riders perceive begging as “intimidating, threatening, and harassing.” While the hat goes out with musical groups, I think the level of “intimidation” is lower. Second, the vote was 2-1. It is not at all clear that a different set of judges would find similarly in a “music” case, although, as I noted above, in a post-9/11 environment, the judges would almost certainly be concerned about means of egress in the event of an underground terror attack. Third, and most importantly, music has far more “communicative character” than begging, and thus generally would be more carefully protected under the 1st Amendment (though surely not as protected as, say, political speech on a subway). The dissenting judge noted that the Supreme Court, in a case called Schaumburg, had held that charitable solicitation is protected because it “is characteristically intertwined with . . . speech seeking support for particular causes or for particular views on economic, political, or social issues.” For those interested in reading the opinion cited by Christopher, the case is Young v. New York City Transit Authority, 903 F.2d 146 (2d Cir. N.Y. 1990). Good stuff!

]]> By: AK http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66527 AK Mon, 09 Nov 2009 18:30:30 +0000 http://secondavenuesagas.com/?p=4215#comment-66527 :) :)

]]> By: Christopher http://secondavenuesagas.com/2009/11/09/the-musical-sounds-of-the-subway-platform/#comment-66524 Christopher Mon, 09 Nov 2009 17:51:39 +0000 http://secondavenuesagas.com/?p=4215#comment-66524 I'm pretty sure that any attempt to prohibit performing inside the subway cars would be constitutional. The Supreme Court upheld regulations prohibiting panhandling in subway cars using the same logic most of the posters here used, essentially that on the platform you can move away, but you're trapped in the subway car. Certainly the inevitable passing of the hat at the end of the performances is illegal already. I’m pretty sure that any attempt to prohibit performing inside the subway cars would be constitutional. The Supreme Court upheld regulations prohibiting panhandling in subway cars using the same logic most of the posters here used, essentially that on the platform you can move away, but you’re trapped in the subway car. Certainly the inevitable passing of the hat at the end of the performances is illegal already.

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