Category Archives: Busking updates

7/25: Arrest: how the decision is made

Posted on by

Summary:

If you are approached by police while performing in accordance with MTA rules, you have the right to continue your work. It is highly recommended to film the encounter, to display the MTA rules (we’ll mail you a copy free), and to state the officer’s badge number out loud.

If you are arrested for doing so, you have not committed a crime, and you have the right to a wrongful arrest lawsuit. See “Who To Call” for more information on doing so.

So, the big news from today is that I was arrested for a third time. Here’s how it happened:

I arrived at 68th St at 12:10 PM, unpacked, stood up with the instrument, and saw a police officer on the other platform as I did so. He shined his flashlight at me and shouted: “Not today!”

Well, it just so happens that I believe that music’s legal. So I hollered back: “Yes! Today!” Then I launched “Gigue” from the third Bach partita, and the officer set off for the stairs to reach my platform.

By the time he reached me, I had my instrument in its case to avoid damage. He told me to leave, I asked why, and this is what we established as the situation:

I then said that I was clear on the rules [“The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations; solicitation for religious or political causes; solicitation for charities.”], and that I would continue to perform until given a summons or being arrested.

Officer Kennedy — who had given me his name and badge number on request — said he would “call a unit” to arrest me, and that in the meantime, I could speak with the station manager. I went up, called Milo to say I’d be arrested soon, and talked to the station manager. This is what I found out:

I went back downstairs to meet my fate, and shortly afterward, two more officers arrived, one in a blue shirt and one white-shirt. They conferred with Officer Kennedy, then left without talking to me. After that, I waited for a possible arrest on my platform, and Officer Kennedy waited across the tracks without saying a word. I felt about like this:

After a long period of waiting, I wanted to work or be arrested, not sit around and be scared of some pseudo-legal threat. So, I got out the violin again. Officer Kennedy waved his arms, disappeared upstairs, and came back down a minute later with a new story, this time about a non-existent permit:

Since he was back in my face, I asked what options there were at that point. He still wanted me to leave “voluntarily”, which is how the NYPD says “through intimidation and without any legal justification.” I wasn’t having it and asked again if he would proceed to arrest:

Now, I’m not sure what was said in his initial meeting with his superiors, but I think he had cold feet at this point. In any case, he called for backup a second time, and I got to talk to Officer Bastien, who asked why it was legal to play:

Strangely, his curiosity about the law seemed to evaporate when he had the chance to have a copy of the rules in his hands. He changed to a new tactic, telling me that the rules could be “overruled” in the case of a safety problem.

Here’s the second part of his explanation of why police officers can decide the law:

I understand what he was saying, but what I didn’t see was the safety problem on that platform, which I repeatedly pointed out was quite empty. He finally said that he couldn’t explain the problem since he wasn’t there when I was asked to leave, and I asked if Officer Kennedy could explain it to me again:

Check out that long pause when he’s asked if Officer Kennedy can identify a safety concern. The reason he comes up with: “He asked you to stop playing and you would not stop.” So essentially, I was performing, there was no safety concern — but when I was then asked to leave the station and refused despite intimidation, THEN there was a safety concern.

And THIS reasoning, ladies and gentlemen, justified my arrest. Just after this video, Officer Bastien walked over to his superior, Sgt. Robson. There was a ten-second conversation, then Sgt. Robson approached me, ordered me to put my hands behind my back, and had me step against the wall.

Busking log 11/07: flash mob contra at Grand Central

Posted on by

Today brought two new examples of the diversity and the high quality of the arts performed in the NYC transit system. (I suppose I’m preaching to the choir here — but it never hurts to remind ourselves of how broad this community is!)

  1. I had the chance to perform for a contra dance in Grand Central Station’s Vanderbilt Hall. Can’t beat the location! It was organized by local dancer as a “flash mob” event. The band and dancers were sauntering about incognito, then quickly lined up for a dance, and were gone again as soon as it ended. (Video will come soon). Passers-by greatly enjoyed the show, and although police did arrive to stop the dance, they were persuaded to hold off for a few minutes until it ended. Thanks, officers, for letting the music continue.
  2. In the 14th St tunnel from 7th to 6th Ave, Milo and I happened upon a truly, truly outstanding cellist. Of course, more than a few people perform the cello suites underground, some for practice, and some for art. But not all of them are, like this guy, Eastman School of Music graduates, and very few of them can light up a tunnel like this. Thanks, Wayne. Keep it up, and we’ll see you around!

Busking log 10/07: he plays pianoforti

Posted on by

I’m dead tired after a long day of commuting, busking, frisbee, and BuskNY conniving with Milo and Kalan. Three quick stories from today:

  1. 68th St Hunter College: a man approaches and says, in the thickest of Russian accents: “You play pianoforti?” “Alas, I play only the violin,” I tell him. “I play pianoforti.” I nod. There’s a pause, then a train begins to pull in. “Next time, I bring pianoforti. We play.” Rest assured, I’ll update you all immediately if (when?) this occurs.
  2. 68th St, ten minutes later: a woman tells me I remind her of “the music they played when I grew up on P.E.I.” What a great compliment! (Well, except that I was playing Irish tunes. Apparently the Iona session is having its effect on me). It’s surprising how many people have experienced traditional dance music in our hemisphere not just as “folk,” but as a living tradition. Always great to hear!
  3. 81st St: ’tis the season for kids’ summer programs, and that means the museum is filled with visiting groups. I get the most amazing reactions — imagine a stream of 40 ten-year-olds coming by, and half of them saying “wow, a violin! Can you play something?” They were on the move, unfortunately, but I played them snippets of the Bach violin sonatas, the Accolay concerto, and the cello suites, and asked which they liked best. Their group leaders kept telling them not to listen, which made me a bit glum. (“Don’t be distracted, kids!”) But then, just at the end of the last group, one group leader took a different approach. “Keep walking,” she said. “But listen!”

On public service

Posted on by

Who, you ask, is the least appreciated, most important worker in the NY subway? The dutiful train driver? The tireless custodian?  Or perhaps the dedicated musician?

But no! It is the humble Welch’s fruit-snack seller. And here’s why:

I have some days — perhaps you do too — where I feel so exhausted on the train that I fear never making it back to my apartment. And always, just at that moment, I am saved: for a kid shows up with a box of Welch’s fruit snacks for $1. Praise and honor him, citizens, for he serves the public good.

Yesterday, when I played at Lorimer St., I happened to set up next to one of these anonymous heroes, who must have been about 13. I asked him how he likes the job, and it turns out that we make about the same amount per day. (Though he keeps longer hours than I could with the violin!)

I launched a tune after that. And what do you know: when the train arrived, he came over and put a dollar in my case. Every once in a while, a dollar bill does kind of move you. Subway, don’t ever change!

Busking log 7/07: White dudes who fiddle

Posted on by

Sunday is typically a slow day in the subway, but today I nonetheless ventured into my shark-infested concert hall, where a few audience members were already bobbing around my cove:

he never bites, except for the smallest children

81st St is a great station on weekends, since it sees a steady stream of museum visitors headed back downtown in the afternoons. Plus, the B train only runs weekdays — meaning Saturday and Sunday offer extra-long lulls between the screeches of the MTA’s apparently never-maintained brakes.

I had hardly been there ten minutes before a guy came up, holding a violin case, and said he played fiddle. “Which kinds,” I asked. “All kinds!” Having thusly established our shared repertoire, he popped open his case, and we shared a pretty solid set of tunes. It turns out that my new pal, whose name is Douglas, acts, performs, and sings in New York, and has some experience working in the subway as well. You can check out his site here!

Although Douglas had to hurry off to a gig, I kept having a great time at 81st, playing some good tunes and explaining the absence of the B train to visitors from several of Europe’s finest countries.

After two hours, I was feeling pretty played-out and took off for home. By the 14th St transfer to the L, my mind was already more on finding sustenance than on music. But lo and behold: as I stepped of our train, I saw a violinist killing Bach’s fugue in G minor across the platform.

Having previously thought myself the owner of the subway G minor fugue market, I hurried over to check it out. Turns out it was none other than Filip Pogády, violinist extraodinaire, who I had met last summer after he watched me perform at 81st St.

He’s been very active with a burgeoning solo career, but is still finding time to perform underground as well. MTA riders have lots to complain about, but read this guy’s bio — low-quality violin concerts is one problem they don’t have!

Just a good reminder that, while Joshua Bell may only have played that one time, there’s a broad base of serious talent in the subway. So keep your ears peeled!

Busking log 6/07: Screen-printing, movie-making

Posted on by

As promised, today was spent hard at work on the sample run of BuskNY t-shirts. (I can disclose by now that we’re planning a Kickstarter, with one modest goal: equipping every last NYC busker with a bright, dashing “Music is Legal!” t-shirt).

We started with the acetate sheets, which Milo had inked with the “Music is Legal!” design.

ink on acetate

The design was then transferred to the screens, a process which involved this large, frightening vacuum machine:

don't ask: i don't know what's going on either!

In the end, we succeeded in printing all 7 shirts. (Well, okay — two were bloopers, but only because of me!) Here’s the final product:can't wait to wear 'em!

We also spent a number of hours filming and editing for the Kickstarter video, which is now complete. We had a lot of fun with it, and think you will too. The Kickstarter approval process takes a few days, so stay tuned — it’ll be up before we know it!

In the meantime, we’ll be back to regular busking updates soon. After all, one’s gotta make rent somehow around here!

Busking log 7/05: The Passion According to G.H.

Posted on by

Today was a great day for busking. A bit hot, but that didn’t stop me from making the princely (relatively speaking!) sum of $98 in the afternoon.

Oh, and look what else I received: a novel by the highly-acclaimed Brazilian novelist Clarice Lispector.

IMG_0077

It appeared in my case on the 86th St express platform. Curious! I didn’t see the donor, but he or she must have excellent taste in literature. I’m looking forward to reading it soon.

Tomorrow I’ll be helping Milo screen-print our sample run of seven “Music is Legal!” t-shirts. Stay tuned for photos!

Busking log 7/03: A real instrument indeed

Posted on by

Today, I finally got to meet New York’s famous saw lady, Natalia Paruz, as she was performing at Herald Square. What a sound! I ate a falafel sandwich a few feet away while listening to her: and lo, this sandwich has now been immortalized in a thousand tourist pictures.

Speaking of less-known instruments, I also listened to an erhu player at the Natural History Museum. He was surrounded by a group from a kids summer program, all wearing matching yellow “Creative Arts” t-shirts and listening intently.

When we got in the downtown B train, I asked the school group if they knew what instrument the man had been playing. One reflected deeply, then said: “Well, it’s not a real instrument.” Oh no!

Fortunately, I know enough about the erhu to be able to give them a quick run-down — where it’s from, how it’s played, how important an instrument it is. They were interested to hear that the songs being performed probably have a lengthy history, just like Western classical music. Remember, New York: learning happens in the subway, too!

Busking log 7/2: the best of NYC

Posted on by

I took yesterday off from busking, which freed up the time to see a friend from Bard, visit Milo in his studio, and go on a massive donut binge. All worthwhile things.

Sometimes it’s hard to transition back into busking, but today wasn’t that day. Two stories about the kind of audience members I wish were more common:

  1. A family visiting from Colombia listened raptly to a whole sonata movement at 81st St. Then they asked to take a photo together with me, and we had a little chat in Spanish. If only all visitors to New York had as much time for the people as they do for the sights!
  2. I don’t usually have the chance talk to other people in the train, although I see them taking notice of the violin case and the stool.  Manhattanites just don’t seem very interested in hearing my side of the story. But on the downtown C train today, I had the nicest conversation about busking with my seatmate — a woman in her sixties — as though it were the most normal thing in the world that I was counting through a big heap of $1 bills. Thanks, stranger — I’ll see you around. For now, I’m psyched to go back out tomorrow!

In other news, you can now sign up for our mailing list on the contact page. Please do — especially the buskers among you! The time will come when we have to spread news around fast, and though I love seeing you all around in the subway, well, it’s just not the quickest way to spread the word…

Busking log 6/29: Y’all performers, and how I chickened out

Posted on by

Today was a great day to catch performances by other artists. (Seems like Saturday really brings out the best underground!) Highlights included a djembé player on the 86th 4/5, steelpan at the 42nd St ACE, and a really outstanding dance show at Union Square. Now, I don’t think I perform badly — but acts like these are doing the heavy lifting in terms of exhibiting and generating new culture. More power to you guys!

I also met a violin teacher en route from Philadelphia to Ithaca for a violin workshop. She performs herself — in the Philly subway — and said that her experiences there motivated her to become a teacher. Funny: many people assume subway performances are the end of the line for musicians. But if you listen to our stories, it turns very often that the subway is a beginning.

I had planned to play at 81st St Natural History — a station that’s known as “dangerous” for performers — for my last hour. But when I got there at 5:00, the “safe” side of the station was taken by an erhu player. I’m supposed to be standing up for my rights — but at that moment I was tired, I wasn’t dressed warmly enough for jail, and I didn’t want to stand up a friend for dinner. So today, I went home without playing.

Shucks: I guess that’s what they call intimidation. But don’t fret, 81st. I’ll be back soon!