Performers plan protest of proposed Boardwalk rules
Ordinance would limit locations, times for street entertainers to display talents
OCEAN CITY -- The Ocean City Town Council is one step away from passing an ordinance that would alter Boardwalk street performer regulations, and many buskers are not happy with the proposed changes.
Street performer Mark Chase called the new rules "unconstitutional," and said if the council votes in favor of the ordinance after an April 18 second reading, he and other performers will protest.
According to the new ordinance, performers would be permitted at 15 designated Boardwalk locations in the area between the south side of South First Street to the north side of North Division Street from 8 a.m.-midnight. The locations would be subject to a weekly lottery for the prime hours of 6 p.m.-midnight.
Performers who do not win the lottery could perform until midnight at street ends north of North
Division Street or elsewhere in town -- although most prefer to showcase their talents at the crowded south end of the Boardwalk.
They could also perform at the designated locations during the day until 6 p.m., when the lottery winner of the space could arrive to claim the spot.
"Rosa Parks sat in a seat on a bus, and they took her right to sit there and gave it to someone else," he said. "That's no different than the government saying someone else has more right to perform than you in a certain time frame, and they come and take your right to express yourself away."
Chase is also protesting bans on props other than tables or chairs for display purposes, as well as artificial lighting and music unless they are an integral part of a performance. He uses all three when he performs.
When Chase spoke to the council at its meeting Monday night, he said the music he mixes himself is an important part of his performance, and that his art can't be seen well after dark if he doesn't use his lighting.
Mayor Rick Meehan told Chase the music "really isn't part" of his talent, and said he didn't think Chase would have an issue if he made his performance less equipment-based.
Councilwoman Mary Knight added she thinks the ordinance is fair, and if Chase really wants to perform on the Boardwalk, he'll figure out a way.
Chase called council's reaction to his statements "downright demeaning." He acknowledged his full setup takes about 15 minutes to move, but said he has taken measures to perform in areas where he would not be in the way of emergency vehicles under any circumstances.
"They're here to stay, whether you like it or not," Ashley said, adding he is skeptical about using the police to enforce the new ordinance when they're already busy with other duties.
Ashley said the buskers could police themselves, and said he spoke to many of them who would be willing to do so. Many of them are also in favor of working with the city to establish and maintain balance among performers, he said.
If the ordinance is passed, Ocean City police are going to enforce it strictly, the same way they do with any other ordinance, according to police spokeswoman Jessica Waters.
"It's our job to make sure any ordinance passed is upheld, and that's exactly what we're going to do," she said.
Jim Starck has been performing as a puppeteer on the Boardwalk for 15 years, and said the ordinance's new rules are illegal and a "slap on the face" -- though he said he didn't know if he would protest them, because he doesn't want to get arrested.
Council President Jim Hall said he didn't feel after first reading that the council and performers were "that far apart," especially since they can perform wherever they choose until 6 p.m.
Hall said he thinks the ordinance is fair, since it would only limit performers during the hours when the Boardwalk is very crowded and there's a heightened chance of an emergency situation.
smuska@dmg.gannett.com
410-213-9442, ext. 14
Street performer Mark Chase called the new rules "unconstitutional," and said if the council votes in favor of the ordinance after an April 18 second reading, he and other performers will protest.
According to the new ordinance, performers would be permitted at 15 designated Boardwalk locations in the area between the south side of South First Street to the north side of North Division Street from 8 a.m.-midnight. The locations would be subject to a weekly lottery for the prime hours of 6 p.m.-midnight.
Performers who do not win the lottery could perform until midnight at street ends north of North
Division Street or elsewhere in town -- although most prefer to showcase their talents at the crowded south end of the Boardwalk.
They could also perform at the designated locations during the day until 6 p.m., when the lottery winner of the space could arrive to claim the spot.
"Downright demeaning"
Chase, a spray paint artist, said he'll take to the Boardwalk without a permit and at nondesignated areas starting at Springfest, to show he is unwilling to be told where and when he can express himself."Rosa Parks sat in a seat on a bus, and they took her right to sit there and gave it to someone else," he said. "That's no different than the government saying someone else has more right to perform than you in a certain time frame, and they come and take your right to express yourself away."
Chase is also protesting bans on props other than tables or chairs for display purposes, as well as artificial lighting and music unless they are an integral part of a performance. He uses all three when he performs.
When Chase spoke to the council at its meeting Monday night, he said the music he mixes himself is an important part of his performance, and that his art can't be seen well after dark if he doesn't use his lighting.
Mayor Rick Meehan told Chase the music "really isn't part" of his talent, and said he didn't think Chase would have an issue if he made his performance less equipment-based.
Councilwoman Mary Knight added she thinks the ordinance is fair, and if Chase really wants to perform on the Boardwalk, he'll figure out a way.
Chase called council's reaction to his statements "downright demeaning." He acknowledged his full setup takes about 15 minutes to move, but said he has taken measures to perform in areas where he would not be in the way of emergency vehicles under any circumstances.
Reaching a compromise
Councilmen Brent Ashley and Joe Hall opposed the motion in the 5-2 vote that moved the ordinance to second reading. Ashley expressed interest in working with performers to compromise and make some changes. He suggested in an interview Tuesday that a "Boardwalk performers advisory group" may be the way to go."They're here to stay, whether you like it or not," Ashley said, adding he is skeptical about using the police to enforce the new ordinance when they're already busy with other duties.
Enforcement measures
"I want to see our police officers going after the bad guys and keeping an eye on what else is happening instead of wondering why Mork and Mindy are standing on a certain piece of concrete," he said.Ashley said the buskers could police themselves, and said he spoke to many of them who would be willing to do so. Many of them are also in favor of working with the city to establish and maintain balance among performers, he said.
If the ordinance is passed, Ocean City police are going to enforce it strictly, the same way they do with any other ordinance, according to police spokeswoman Jessica Waters.
"It's our job to make sure any ordinance passed is upheld, and that's exactly what we're going to do," she said.
Jim Starck has been performing as a puppeteer on the Boardwalk for 15 years, and said the ordinance's new rules are illegal and a "slap on the face" -- though he said he didn't know if he would protest them, because he doesn't want to get arrested.
Council President Jim Hall said he didn't feel after first reading that the council and performers were "that far apart," especially since they can perform wherever they choose until 6 p.m.
Hall said he thinks the ordinance is fair, since it would only limit performers during the hours when the Boardwalk is very crowded and there's a heightened chance of an emergency situation.
smuska@dmg.gannett.com
410-213-9442, ext. 14
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