Written by Neil Horsky, this column was originally published in the December 2014 issue of the Boston Compass

Art by Santiago Cardenas, “Boston Common Busking in December”

In Federal Court on December 23 2004 the City of Boston repealed Police Rule 75, effectively permitting busking and the display and sale of artwork in Boston’s public spaces.

Police Rule 75, enacted in 1950, placed numerous restrictions on “itinerant” musicians performing for tips. Musicians were required to obtain licenses issued by the police commissioner, and in a large portion of the city including the Back Bay, South End and North End, licensed itinerant music was permissible only from 6-9pm and excluding Sunday. Licensed female musicians had to be accompanied by a licensed male musician.

Stephen Baird of the Jamaica Plain-based Community Arts Advocates filed a federal suit to repeal Police Rule 75 in August 2004 “to protect artists’ and performers’ freedom of expression in Boston.” In the suit Baird describes repeated incidents where Boston Police and Park Rangers violated his First Amendment rights. In one incident a park ranger on Boston Common ordered him to stop playing his hammered dulcimer, insisting that he needed a permit to do so. Neither the Parks Department nor the City of Boston issue permits to play on Boston Common, making it impossible for artists to comply with such demands and thus denying their Consitutional right to free expression.

With this repeal no permit or license is required to perform or exhibit art publicly in Boston. If an artist is not blocking the flow of pedestrian and vehicle traffic and is not disturbing the peace, there are no legal grounds for an officer of the law to interfere with the artist’s work. Despite this fact the harassment of buskers continues, as does Mr. Baird’s advocacy.