I received an email this morning from an upset mother. She fears the City Council is trying to take away her son's ability to play his trumpet as a sidewalk performer. He earns his spending money by playing his trumpet for tips in the City Market and on the Plaza.
Taking a look at proposed ordinance 070180 I see why she's upset. At first glance it looks harmless enough. It prevents loud amplifiers that I agree are a bit much for street performance.
What she's upset about is the Council's definition of "panhandling."
(c) Panhandling.
(1) As used in this section, panhandling means any solicitation made in person upon any public street, sidewalk, alley, park or other public place, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:
(i) By vocal appeal or for music, singing, or other street performance; and,
(ii) Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
So the Council wants to take away street performers in Westport, The Plaza and Zona Rosa among other areas. I personally enjoy most of the street performers. They bring vibrancy to street life in any metropolitan city. New York, San Francisco, Chicago, Portland, Seattle... Pretty much every major city I've traveled to has street performers, especially a "gold man!" Of course they also have pedestrian activity but that's another matter.
I would love to see that kind of street activity in KC. Most cities have similar ordinances restricting panhandling but street performers use a loophole of having no signage that openly begs for money. An open instrument case is the universal appeal for donations. In the case of Kansas City's ordinance it appears that the Council is trying to close that loophole by using the legalese of "a reasonable person would understand."
They're trying to do too much with one ordinance in my opinion. With a little extra work they could have separated panhandlers from street performers. A couple of extra sentences. A well placed Whereas here, a carefully worded is to be enacted there and I think we could have a much better ordinance.
Since I'm running for office I avoid testifying at things like this because it seems like every candidate is down there grandstanding for the cameras. That's not my style. I will however ask you my faithful readers to weigh in on this. Contact your elected officials. They're all right here on the City Council webpage.
Agree with me, disagree with me, but whichever side you take let your voice be heard! Uhh... I mean of course let your voice be heard as long as it isn't amplified by anything more powerful than a 9V battery! |