Tensions rise between street musicians and the NOPD in the French Quarter
Post revised on 6/18/2010 to include the full statement by Chief Serpas, a statement issued by Mayor Landrieu and Councilmember Kristen Gisleson-Palmer, and a Gambit blog story about a protest in Jackson Square led by musician Glen David Andrews.
Don’t Stop the Music. Let New Orleans Street Musicians Play is a newly-formed advocacy effort to support street musicians who perform in the French Quarter. The effort has acquired over 1500 supporters in just a couple of days on Facebook. It’s a testament to the ability of social media to rapidly raise awareness in the circle of tech-savvy opinion leaders of a community.
The issue of street musician performances quickly became a concern among many locals after 8th District NOPD officers were reported to have shut down a performance of the To Be Continued Brass Band at the corner of Canal and Bourbon streets.
Recently-appointed NOPD Superintendent Ronal Serpas quickly responded by issuing the following statement (PDF):
June 17, 2010
Superintendent Addresses French Quarter Musicians Complaints
The New Orleans Police Department’s 8th District has for many years, and as recently as within the last several weeks, received numerous complaints from residents of the French Quarter noting that musical street performers are violating existing ordinances. These complaints have also resulted in repeated request for enforcement from the NOPD. Residents of the French Quarter have also complained about the size of the walking tours and the apparent disregard for Ordinances that define the conditions of legal walking tours in the City of New Orleans.
As you may know, the Quality of Life Officer of the 8th District has been distributing NOTICE of what the ordinances are as it relates to: Sec. 30-1456. Use of Bourbon Street restricted. Sec. 66-205. Persons playing musical instruments on public right-of-ways. Sec. 30-1489. Walking tour guides rules and regulations. Sec. 30-1490. Identification (tour guides). Also, please understand that while there has been some attention to the band at the corner of Bourbon and Canal, the entire French Quarter is touched by this issue. Moreover, our officer issued NOTICES, in nine (9) different locations in the French Quarter, including the corner of Bourbon and Canal
Please know that there has been no enforcement action taken as a result of these particular notices, and that the NOPD wants to ensure that all persons are fully aware of the applicable existing ordinances. Officers of the NOPD will continue to use discretion, appropriate to the circumstances present, to enforce any Ordinances of the City of New Orleans.
The NOPD has been approached repeatedly by residents who seek enforcement of these statutes; likewise the NOPD recognizes the concerns from your email and the uniqueness of the historic French Quarter. In this regard, early and frequent notification of what the ordinances are may help to alleviate the concerns of the residents of this part of our community, as well as better inform those who participate in activities that are prohibited or regulated by long-standing city Ordinance(s).
We will continue to encourage all persons to respect the ordinances of the City of New Orleans and the concerns of those who live and work in the historic French Quarter.
Ronal W. Serpas
Superintendent of Police
New Orleans Police Department
504.658.5757
nopdchief@cityofno.com
There are clearly many sides to the issue. My own opinion was expressed in a statement posted on the local blogger email group:
Respectfully, let’s acknowledge that there has been a historic tension between residents and musicians in the French Quarter, and the legal artifact of that tension was the ordinance written into the City Charter in 1956.
The details behind that tension are vital to take into consideration.
What’s really lacking in this conversation are the voices of those who — we are told — have been exerting that tension in the latest instance against musicians.
We need to know who they are — if they even exist — because politics is often the task of using one constituency to provide cover while harming another constituency.
I understand that hubris is a lousy quality in a politician, and Chief Serpas has plenty of it — as would be required of nearly any chief of a police organization. On the other hand, I continue to believe that he’s a reasonable person who will listen to rational arguments.
Part of his problem is that he says he’s being told by those who object to musicians that he has a law to enforce.
If we want a responsive police chief, isn’t this what that looks like? I mean, you aren’t going to have the police responding to musicians complaints about residents, unless there’s a law being broken.
My interpretation of events is that this is decentralization at work — that Major Hosli knows more about what’s going on, and is actually pressing for enforcement, more than is Serpas. Serpas’ reaction almost seemed to be one of defending the action after the fact.
Mary Howell has a long history of fighting the overreaching nature of that ordinance. I’ve said in this discussion thread that the ordinance should be changed. That’s not going to be Serpas’ job. It’s our job to be done truly in concert with neighbors who may not share our point of view, it’s the job of the mayor, and it’s the job of elected council members.
So I support the protest, but I’m also willing to concede that there’s more to be done, and we are all responsible for finding a solution.
Mayor Mitch Landrieu and Councilmember Kristen Gisleson-Palmer issued a joint statement:
New Orleans is the Cultural Capital of the World, and we have an obligation to protect and support the very things that make our culture so authentic. It is possible for musicians, residents and businesses to co-exist in the French Quarter and across our city. It requires having ordinances that make sense, that are clearly communicated to the public and that are properly enforced. The Landrieu administration is going to work with the City Council and the New Orleans Police Department to review the quality of life ordinances to ensure that they best serve the needs of our community.
Finally, an inspiring threat of peaceful protest was issued by musician Glen David Andrews, to hold a huge concert in front of City Hall if any street musicians are “harassed,” ticketed, or arrested.
