
Tourists usually travel to New York City to sit on velvet mezzanine
cushions in the newest theatre. Or they look up the most traditional
Tony's Pizza so they can chow down. But there are some parts of New York
City which simply exist under their radar. None seem to notice the
dancers on the subways with their hats full of nickels; the people
found, pencil in hand, sketching their newest masterpiece are simply
invisible; Even the bounding beats from trumpets and drums go ignored.
They're street performers, artists, and musicians, and they're finding
their voices. What isn't known about them is the constant struggle they
face just to add a little more beauty to the world, with a saxophone's
toot, a foot's tap, or a paintbrush's blot.
Street artists in particular have had more than a few run-ins with the
law. Former Mayor Rudolph Giuliani felt he should remake New York 's
image a few years ago. His reasoning was simple: the artists were
parasites and they needed to be removed to increase public safety.
The artists were and continue to be defiant; their source of income is
evaporating before their eyes. Some start petitions and riots, and many
are arrested for demonstrating. Over the years many artists have found themselves arrested and facing charges. Some were
simply taken away for handing out photos and pieces of writing about the
city's injustice. Works were, and still are, confiscated and rarely
returned. Some artwork is even auctioned off illegally by the Police
Department. The police deny the confiscations, arrests, and hundreds of
hidden photos and video tapes. A.R.T.I.S.T. (Artists' Response To
Illegal State Tactics) brought a Federal lawsuit against the city. The
artists won the lawsuit, but the harassment continues still. Robert
Lederman, A.R.T.I.S.T.'s president, knows this well; he's been arrested
unjustly more than 35 times.
Street performing grows from various roots. It existed in ancient Egypt, ancient Greece, the Middle Ages in Europe, and even colonial America
(Ben Franklin sang on Philadelphia streets). During the 1930s they went
under fire. New York Mayor Fiorello LaGuardia made performing illegal,
though it was allowed once again in the 1970s.
Many street performers, like street artists, have gone to court to
uphold their rights under the first amendment. There was a case,
Goldstein v. Town of Nantucket 477 F.Supp.606 (D. Mass. 1979),
which stated, “The fact that plaintiff troubadour accepted contributions
of passerby during his public performance would not dilute his
protection under the first amendment”. There was also Davenport v.
Alexandria, Va. 683 F2d 853 (1983), 748 F2d208 (1984) during which was
said, “There has been shown no safety interest to outweigh the
plaintiff's first amendment interests”. The two cases above were decided
in favor of the performers and they let the world know these people meant
business.
The program, Music Under New York (MUNY), is a visual and performing arts
program which is administered by the MTA. The MTA has a different view
on performers and musicians. They figure they add to the beauty of New
York; they don't take it away. They became official in January of 1987
and now have more than 100 individual performers and acts. There's a
variety of music including classical, Cajun, bluegrass, African, South
American, jazz, and more. There are about 25 locations throughout the
transit system. They employ many proud musicians and performers.
Street performers, artists, and musicians' fight to make New York City a
bit more vibrant is constant. Many tourists will spend their precious
green paper on museums, theatres, or concert halls to support the arts.
But the little people need help too; the people who, if you notice them
or not, make New York what it is today. If they disappear, the world
will have seen their most innovative species become extinct right under
their very noses.