If you’ve come here, you may already know a thing or two about your rights. But if this is your first stop, it’s important to understand what the MTA does and doesn’t allow in principle. The best way to do that is a thorough reading of the MTA Rules of Conduct. Susie Tanenbaum’s excellent “Know Your Rights!” guide is an additional resource that explains the law and discusses the history of how it was made.
The basics are these: You can perform on the platform acoustically. Additionally, you can use amplification on the mezzanine. It is not necessary to have a permit — indeed, there is no performance permit system at all, a fact apparently known by surprisingly few New York City residents. You are not supposed to sell CDs, perform on the trains, or be too close to a station booth. Finally, there are various other detailed restrictions best investigated by reading the Rules themselves.
In practice, however, the rules are not so clear-cut. Performers are often harassed despite following these rules to the letter, simply because police or station agents mistakenly believe a permit to be required. And performers successfully navigate the trains and also sell CDs without raising eyebrows. (We support them in doing so, and we believe the resounding absence of customer complaints over CD sales and doo-wop groups in the trains speaks for itself).
So it’s important to have a practical understanding of the law as well as a theoretical one, in case your rights are violated. If you’ve been arrested, given a summons, or harassed, read more at our guide on what to do.
LOPER v. NEW YORK CITY POLICE DEPARTMENT found that NY Penal Code 240.35 violates The First Amendment. It wouldn’t hurt for buskers to print this out and have a copy ready to hand to any ignorant officer out there.
What’s the deal on acoustic busking on the street or in a city park? I’m thinking about doing my first busking performance at the Grand Army Plaza Farmer’s Market.
Ok so what about this?
New York City Administrative Code
Title 10: Public Safety
Chapter 1: Public Safety
§ 10-108 Regulation of sound devices or apparatus.
d. Use and operation of sound devices and apparatus for other than commercial and business advertising purposes; permit required. It shall be unlawful for any person to use or operate any sound device or apparatus, in, on, near or adjacent to any public street, park or place, unless such person shall have first obtained a permit to be issued by the police commissioner in the manner hereinafter prescribed and unless the police commissioner shall comply with the provisions of this section and the terms and conditions prescribed in such permit.
We live about 11 hours away and would really like to go busking but we can’t risk it if we’re not 100% sure.
Kick ass my busking buds !