Olympia council will reconsider ban on street performing

MATT BATCHELDOR | Staff writer • Published September 12, 2011

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OLYMPIA – The Olympia City Council has agreed to review the city’s guidelines on busking, otherwise known as street performing, after a group of performers showed up at the council’s Sept. 6 meeting to protest.

Dozens of buskers first held a protest in front of City Hall, then a number of them testified at the council meeting against the rules.

“Our purpose was to educate people about the (busking) law and try to get it rescinded,” said Dana Walker of the group Citizens in Violation of Illegal Laws. He helped organize the protest.

“We kind of see ourselves as the last resort when all other measures fail.”

Councilwoman Rhenda Strub referred the busking rules to the council’s land-use committee, which can review them and recommend changes to the full council.

“I’m just not convinced we need to have any restrictions,” she said. “I don’t know why this one activity was singled out.”

The council passed an ordinance in 2007 restricting busking, following earlier restrictions on sitting and lying on sidewalks. The goal was to prevent people from blocking pedestrians.

It defines busking as “to act, sing, play a musical instrument, recite poetry, pantomime, mime, perform magic tricks, or dance for the purpose of or while immediately receiving contributions, alms, charity, or of gifts of items of value for oneself or another person.”

Under the ordinance, busking is only allowed in a designated zone or if it is adjacent to a business that has obtained a busking license. And the busker must get permission from the business owner.

Scott River, the city’s recreation manager, said the city had issued just three busking permits – in front of Olympia Dye Works, Last Word Books and Seifert Law Offices. He said no applications have been turned down.

Walker said the ordinance is being selectively enforced, part of a larger campaign to rid Olympia of homeless people.

“I found out hardly anybody knew such a law existed,” he said.

Violators can be fined $50 for the first offense, $125 for the second and $250 for the third.

In an interview, City Manager Hall said the city has given “very few” tickets for busking in the past five years – 12. He said five of those were given this year, three in one day.

Hall told the council the regulations ensure that pedestrians and business entrances aren’t blocked and said buskers can perform to their heart’s content in a zone.

“I’ll say right now, there are probably too few of those,” he said, adding that the city is working on a brochure to publicize the busking zones and rules.

Walker said three of the four designated zones are no good because there’s not enough foot traffic. Only one of the zones is on Fourth Avenue, where there is sufficient traffic.

Hall said one additional busking area could be in front of the artesian well. But he said eliminating the busking rules would be a mistake.

“I think we need some rules,” he said.

River said the ordinance “could stand to be cleaned up” and modified.

“It’s a challenging ordinance, for staff even, to interpret,” he said. “There’s a lot of vagueness to it.”

Strub said the city has received a number of complaints about downtown, but not buskers. Other council members said they like the street performances.

“We all love music,” Councilwoman Jeannine Roe said. “I think it’s great.”

Councilman Steve Langer said: “Frankly, I like busking. I don’t have any beef with busking.”

Matt Batcheldor: 360-704-6869
mbatcheldor@theolympian.com

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