No changes in store for street performers

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Tressa Lindsey addresses commission

Submitted by Suanne Z. Thamm

Reporter-News Analyst

City Hall Commission Chambers were packed for the June 4, 2013 regular Fernandina Beach City Commission (FBCC) meeting with people who came to support street musicians and performance artists by voicing their opposition to proposed City Ordinance 2013-02, which would have banned such activity from the Centre Street pocket parks, required performers to purchase $300K in liability insurance, imposed distance requirements from benches and prohibited amplification without a special events permit.  These amendments to existing city code rules for street performers apparently arose from complaints from some downtown merchants, who believed that some musicians were driving away business.

Ten speakers addressed the FBCC with their concerns, and most of them were applauded by other audience members who attended in sympathy with the street musicians.  Two speakers described the problems from the merchants’ point of view.

Tressa Lindsey.
David Scandaliato

Several speakers raised First Amendment concerns along with concerns regarding the need for liability insurance and the cost of permits.  David Scandaliato characterized the proposed ordinance as “an assault on freedom of expression,” adding that vending general merchandise in the parks is not protected free speech, but that performance art is.  Speakers Jennifer Burns, Tressa Lindsey and Frank Howard, stressed that musicians cannot afford the proposed fees, and that the proposed changes seem unfair to young people.    Burns said, “Children and families should be able to use public areas to sing.”  Other speakers called for public workshops to thoroughly air problems and proposed solutions.

Both local resident Lynn Williams and local business owner Joan Bean said that the city needs to encourage street musicians.

Several speakers implied that the merchants’ problem boiled down to one performer, who plays the same songs over and over from the same place on the street.  One merchant likened listening to him over the course of a day to “being in Gitmo,” adding that he can be heard even though closed doors.

Local resident Tony Crawford pulled off the kid gloves and addressed the matter head on.  “It’s about Jeff,” he said.  “It’s about a bunch of merchants who have a bug up their butt about Jeff.”  He added, with an apology to Jeffrey Jagle, who sat in the front row, “ Jeff is not a very good musician.”  But Crawford went on to say, “Felix is going to be burned over this.  I have been told that Felix is not a street performer because he bursts into spontaneous song.  Remember the last uproar when it looked like the city was trying to ban Felix from performing?”  [Felix, a popular Centre Street fixture, rides his tricycle in the downtown business district, selling newspapers and taking donations for fresh fruits and baked goods.  He often plays his harmonica as he stops in front of tourist groups and businesses.  In the not too distant past Felix supporters stormed City Hall when it appeared that he might be banned from his activities on Centre Street.]  Crawford agreed that repetitive performances can be annoying, but he invited anyone to “prove the impact [on business] to me.  You are hurting Felix [with this ordinance].”

Jeff Jagle
Jeff Jagle

Jeffrey Jagle rose to speak, telling commissioners that he had 150 signatures from visitors from around the country opposing the proposed ordinance.  He said, “A day without a song is not a day.”  He spoke quietly, telling commissioners about his joy in singing to children.  He also said that he relies on the money people donate to him.  He said, “I wish you would allow me to keep singing a song.”

Historic Fernandina Business Association (HFBA) President Scott Moore told commissioners that his organization would like to form a committee and work things out.  He said it is not their objective to run performers out of town.  He said that he looks forward to working with the musicians to come up with a solution that works for everyone.

As soon as Mayor Pelican closed the public meeting, Commissioner Pat Gass moved to deny the proposed ordinance.  Vice Mayor Charlie Corbett seconded the motion.  Commissioner Ed Boner said that if the parties can come to agreement on the length of time of performances in one area, he believed that the street music could become a positive experience for everyone.  He addressed the musicians stating, “We have to listen to everyone’s concerns.”

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Commissioner Arlene Filkoff

Commissioner Arlene Filkoff reminded commissioners and the public that there is still an ordinance on the books regarding downtown street performers.  That ordinance was enacted several years ago to keep aggressive musician-panhandlers from blocking business entrances.  She said, “This issue [street performers] is a matter of collective vision for the city.  The community, working together, needs to decide what that vision should be.  Government does not regulate vision.  The government’s interest is health and safety. You all,” she said, directing her remarks to the audience, “need to work things out.”

Commissioner Pat Gass echoed Boner and Filkoff, advising the audience members, “Set up a workshop with the FBCC after your work things out [among yourselves].”

The proposed ordinance was defeated on a 5-0 vote.

Suanne-2Editor’s Note:  Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city.  We are grateful for Suanne’s many contributions to the Fernandina Observer.

June 5, 2013 12:50 p.m.