By Eli Christian
For now, musicians can continue to play in Chestertown’s Fountain Park during the Farmer’s Market and collect tips—without need for a permit—and until the matter has been reviewed by the town’s attorney and resolved, said Town Manager Bill Ingersoll at Monday’s council Meeting.
Ingersoll was speaking for the Council regarding letters from the ACLU and Rutherford Institute that said the permit ordinance is “offensive” to free speech—guaranteed by the First Amendment.
Council members were unable to speak to the issue on Monday because the matter is under legal review by town’s attorney, Stewart Barroll.
Ingersoll said the permit process was the only reference the town had to go by when musicians inquired to the town about playing in Fountain Park.
The two civil rights organizations were contacted shortly after a heated exchange this summer between Mayor Margo Bailey and a 12-year-old girl who was playing a guitar for tips during the Farmer’s Market.
The Rutherford Institute was successful last year in killing an ordinance in Ocean City that attempted to regulate street performers from passively selling their work on the Boardwalk.
It is likely that Rutherford attorneys will mount a court challenge to any attempt to regulate busking.
“The First Amendment protects busking in public parks like Fountain Park,” said Rutherford Institute Attorney Doug McKusic in an email to the Spy on Thursday. “While the Town may desire to forbid or limit that activity, I do not believe a regulation forbidding the playing of instruments or the passive acceptance of donations could survive a challenge brought under the First Amendment.”
Barroll told the Spy he could not comment on the matter until a full review of the ordinance, and the assertions made by the two organizations, was complete.
Our government has become just like the Mob, you will be safe to do your business, just for a fee! REALLY?!?!? Is the town this hard up for cash that it will harass a 12 year old girl for a permit fee? The Town and the Council need to get a life! This is a perfect example of why it is impossible to do business in this country anymore. Maybe this is part of the reason stores downtown don’t thrive. Ingersoll should be ashamed of himself as should the rest of the mobsters sitting on the Council. If a person wants to sit in the park and play music and is respectful to others, who cares! At least these people are creating a job for themselves. How many jobs has the “Mob” Council created? A better question is how many jobs have they run out of town? With this kind of attitude towards the people who live here, who would want to create business or jobs here? As someone has said before, “Here’s your sign!”, oh wait, guess I would need to get a permit for that!
Personally, I see no harm in busking and feel that it adds life and vitality to the community. I also strongly favor reviving the soapbox !
What I think is dangerous is the disrespectful rant of Mr. Hillenbrand. Disagree. But do so with civility. Our Town Manager, Town Council and Mayor serve all the citizens. There are times when reasonable regulations infringe on the rights of others. Change the regulation. Challenge the ruling. But don’t engage in character assassination in the process. These people work hard because they care about their community. Mabel a mobster – REALLY?
I stated “the government” and I stand by that. If it didn’t apply to them, then this issue would have never gotten as far as it has. The town council has made it an issue only because permits mean dollars for the town. The town council could have very easily said people continue to play in the park during the Farmers Market with out issue but instead created an issue to be reviewed by a lawyer. We ALL know what lawyers are good for and it is not good! Like I stated before, as long as the town receives its “hush money” for the permit, then all will be good for the people playing in the park, no problems will be had. Don’t pay and the town will send in the “muscle” to remove you or hand out the fines. See, it’s just like the mob, whether you like it or not!
There appears to have been no fee associated with permits under Article IV of the ordinance that has been in contention re use of streets and sidewalks. Therefore, such permits did not “mean dollars for the town,” no “‘hush money’ was involved, and the rest of the b.s. stated by this poster on this page re permit money didn’t apply either. On rare occasion over the years I applied for a permit for an activity/event to be held, and I don’t recall ever paying a fee for the permit.
http://www.chestertown.com/gov/codehtml/0767-145.htm
“Serve all citizens” are you kidding me?
They serve themselves and their friends, as with any local government. They have been picking winners and losers at the market and elsewhere for quite some time, and people are generally upset with the hegemony the town has with certain tribes.
The inner sanctum rules with an iron hand.
It is clear that you like Mayor an the Town manager. I admire you for sticking up for your friends.