Ben Rose is allowed to sell his CDs during the day on Stephen Avenue — but not after 6 p.m., when a different set of rules kicks in.
A downtown busker who has been repeatedly warned not to use amplification has been slapped with bylaw tickets for refusing to unplug and for selling his CDs after 6 p.m., when his selling permit becomes invalid — a crackdown that has renewed discussion about busking in the city.
The city revamped rules for buskers in August 2008, lifting restrictions on where buskers could play. At the same time, the city disallowed amplified sound for all buskers. Bylaw officers warned Ben Rose in May that if he kept using two speakers to amp his guitar and voice on Stephen Avenue, he could face a penalty. “He was warned quite a few times,” says Caralyn Macdonald of the Calgary Downtown Association (CDA), the organization that handles busking permits for the city.
Rose kept using his amps, and last month got two tickets for it. He remains unapologetic. “I’m playing patio music,” he says. “It’s very much about mellow and finger-picking. If I don’t have amplification, it doesn’t work. You can’t sing ‘Moon River’ and have someone hear it without a microphone and an amp for your guitar.”
He’s also been ticketed for selling his CDs. Rose has a CDA permit to sell during the daytime on Stephen Avenue Mall (a stretch of Eighth Ave. between First St. S.E. and Third St. S.W.), but once evening hits — the time Rose prefers to play — Stephen Avenue Mall is governed by a different set of rules. “We manage the mall on behalf of the city from 6 a.m. till 6 p.m.,” says Macdonald. “At that point, it just goes back to [being a city] roadway.”
After 6 p.m., Stephen Avenue is governed by the city streets bylaw, which forbids “display[ing] or exhibit[ing] merchandise of any nature for sale.” Rose got two tickets for that, and when he changed his sign to read “suggested donation,” he got two additional tickets under the same bylaw for “request[ing] donations without permission or approval.” Rose says the bylaw officer told him,“If you want to sell CDs, there’s a thing called a record company.”
Brian Dorscht, the city’s arts and culture event co-ordinator, says that while the city is open to suggestions about its busking program, musicians like Rose have to follow the rules. “He has an agreement that says he can sell until 6, and then he’s just gone ahead and gone against what he’s signed,” says Dorscht. “That’s something he needs to adhere to.”
The no-amplification rule, adds Dorscht, is in place so buskers don’t compete with each other with volume and create “invasive” noise. “There are many, many buskers in the world who play acoustically, and they do fine.” Dorscht says the city has only received three complaints from buskers about the no-amplification rule.
Rose plans to fight the tickets in court (he has been fined $100 for one ticket, and has five remaining court summonses). “It seems like if they had their way, downtown would cease to exist at six o’clock,” he says. “I don’t want to paint Calgary as this backward place that persecutes artists, but I’m sorry, that’s what you guys are up to.”
City bylaw chief Bill Bruce won’t discuss specifics of Rose’s situation — “that’s a matter before the courts” — but says his officers hand out tickets for a reason. “Generally that’s why we’re there — somebody’s complained,” says Bruce.
After he got the tickets, Rose moved onto restaurant patios — an arrangement that lets him sell CDs without violating city rules. But Clayton Morgan, owner of The Belvedere, says Rose shouldn’t be restricted to patios. “It adds a lot of spark and life to the street, and for the bylaw officer to come around and throw tickets his way for whatever reason, I think it’s just petty,” says Morgan.
The CDA has given out more than 500 busking permits this year, compared with about 150 last year, when a $50 fee was in place. Macdonald says the no-amplification rule has been getting “mixed reviews” from buskers.
Longtime local busker Daniel Duguay — a.k.a. Dan the One Man Band — says the no-amplification rule makes musicians like him feel unwelcome. “Harley Davidsons are allowed to peruse the neighbourhood any hour that they want, and that’s completely fine, that’s no problem. But a guy standing out there playing his songs and trying to bring a smile to people’s faces — oh no, we’ve got to put something on that.”
The city should be especially welcoming to buskers who sell their music, Duguay says. “If you have a CD, then that is a good indication that you’re half decent. You’re not Johnny three-string guitar playing in front of the liquor store…. It just seems crazy that you would do anything like that to dissuade people from being out there.”
Dorscht says the city will be holding a public forum in November to get buskers’ input on city policies. “We’ll be talking to them about what our process is, what would make this a more busker-friendly city.”
Rose is scheduled to appear in court twice later this month and three times in November.
Comments: 8
waterbaby wrote:
Ben Rose plays and sings beautifully. He harms no one and creates a convivial environment that discourages anti-social behaviour. For that alone, the city of Calgary should be paying HIM. Big bucks! How long do you think the average Calgarian would stand around listening to the average Calgary cop crooning standards? Ben Rose is a municipal treasure. Quit fining the poor guy and start appreciating his gifts.
Jeez-frickin' Louise!
on Oct 8th, 2009 at 8:25pm Report Abuse
appleman wrote:
Way to go Ben!
on Oct 8th, 2009 at 9:27pm Report Abuse
laricasurf wrote:
on Oct 8th, 2009 at 11:34pm Report Abuse
DTOMB wrote:
on Oct 9th, 2009 at 10:55am Report Abuse
fang wrote:
on Oct 9th, 2009 at 1:34pm Report Abuse
Babyblue1974 wrote:
When I was sellin Hemp neclaces 10 years ago it was the same thing and my friend playin sax got busted all the time. Im so annoyed with this article because all of the stiff mizzies downtown are the ones whining about a bit of music on the road to make this city so boring. Its like relax and have a bit of fun in life. That guy should be allowed to play wherever he wants and people should sing along a little when they walk by as well as say hi and I hope it works for ya man.
I hate these rules in Calgary. And I live and work downtown and miss the people playin on the road like it was 10 years ago. Bring em on back at least now cause they can help Bronconnier drown out the noise of his construction at every crosswalk Which I think is the worst noise.
Dude if you wanna sell CDS you should just sell them. Open a garage sale on your lawn or balcony and play music while "sellin some trinkets" Id put a poster up for ya at my work and my building.
on Oct 12th, 2009 at 3:37pm Report Abuse
folkboy1 wrote:
But I wonder what sitting out on a patio, enjoying good conversation, would be like if every single busker on Stephen Avenue Walk chose to use an amp and/or speakers?
On any given summer day, Stephen Avenue is full of buskers. Most are able to do their thing without amplification. If all of them chose to use speakers, the resulting volume level would probably just cancel each other out, and no one musician would benefit.
A few times this summer, I came across a grizzled-looking old guy sitting on a bench, playing a grizzled-looking old banjo, complete with intricate finger-picking. I didn’t hesitate to stop, listen for a bit, and throw some cash into his banjo case. So did many other people. All this, without an amp.
Like many who read FFWD, I’ve seen plenty of musicians perform over the years. From stopping to listen to street performers to going to a festival, bar or a concert hall. In most cases, the common denominator has been that I’ve chosen to listen to them. Buskers who use amplification in proximity to numerous patios, often containing people who just want to hang out and have conversations, don’t offer that choice.
There’s a difference between choosing to go see this, or any musician, at a venue, knowing what to expect, and not having any choice, simply because you want to sit on a patio that happens to be in listening range of the amplification.
Someone here made the comment – “that guy should be allowed to play wherever he wants and people should sing along a little when they walk by as well as say hi…”
I totally agree. And if people like his music, they’ll come up and listen to him, even if he doesn’t have amplification. Maybe they’ll even buy a CD.
on Oct 13th, 2009 at 8:57pm Report Abuse
Melly Mel wrote:
Construction noise, and falling debris is way worse than music (even if its bad). How about those extra loud motorcycles that we are forced to hear roaring down our residential streets at 4 am.
I am sure that if a busker was asked nicely by a patron on a patio to move down the block a bit, or to lower their amplification, that they would.
If you speak nicely and smile at someone new, your more likely to be able to resolve any issue, rather than just complaining about it. Remember to always treat others as you'd like to be, and this city could smile through all the noises one day :)
on Nov 4th, 2009 at 3:25pm Report Abuse
Post comment: (Login or Register)