I am all about supporting Busking. NYCSubwayGirl has a For Buskers section where I share useful information about busking in NY. City Lore and BuskNY have been incredible supporters of the right to Busk. I hope you can make it to this event celebrating 30 years legal precedent for the First Amendment right to Busk. The April 2nd event is the beginning of many celebrations to come throughout the year.

Busking at 30: Sounds and Stories from the Underground
April 2 @ 7:00 PM - 9:00 PM

7pm start time. Doors at 6:30pm.
Suggested donation of $5 at the door.
City Lore citylore@citylore.org
56 E. First Street New York, NY 10003 212.529.1955

With the recent rise in street performer arrests and harassment, Busking at 30 aims to highlight the importance of this underground culture and what it brings to the diverse and vibrant culture of New York City.

The program will feature a history of busking in New York City through vignettes and songs from historical performers of the 1980s, 1990s, and 2000s, as well as a headline performance by one of the subway’s biggest stars, Morgan O’Kane , banjo virtuoso and activist. Other performers include Busker Ball producer Theo Eastwind ; classical guitarist Lloyd Carew-Reid, whose advocacy group Subway Troubadours Against Repression led the MTA to formally address performers’ rights in its post-1989 rules; and Roger Manning , the guitarist whose historic 1985 legal challenge opened the subway to artistic performance.

30 years after the first case to explicitly recognize New Yorkers’ First Amendment right to artistic expression in the subway, BuskNY and City Lore are pleased to announce Busking at 30: Sounds and Stories from the Underground, an evening that celebrates and advocates for the enduring art form that has long given voice to the city’s wealth of musical traditions and genres.

Busking at 30 is the first in a series of events leading up to a summer busking festival in celebration of the August anniversary of the People v Manning case, which was the first step in the legalization of subway performance that culminated in 1987.

With the recent arrest of NYC busker Andrew Kalleen and the questions people have been asking me, I thought I'd write about it to clarify some things. I do not have a permit, I don't need one to be able to perform in the subway's and stations of NYC. I do belong to a program that schedules my performances at locations within stations. It's called Music Under NY and short name is MTA Music. But that doesn't mean having a schedule with MTA Music means I can't play elsewhere within the stations. It is NOT a permit.

There are 2 very important rules: 1- you can't impede traffic and 2- you can't amplify. Andrew did neither. Andrew's impressive knowledge of Section 1050.6 of the MTA rules of conduct knew his rights. The arresting officer even though he at first said he wasn't arresting Andrew but evicting him, had no legal reason to do so. He even read the section out loud and still didn't believe his own words. Thankfully it was filmed in it's entirety without any edits and it's clear in the 7+ min clip, how much courage Andrew had to continue to sing while having his guitar stripped from him and then be taken away in handcuffs.

As friend and writer Don Hubbard noted "Cathy Grier, we need you out there supporting buskers being arrested in Brooklyn! The poor guy's only crime was that he was playing Pink Floyd."

Here's the clip of Andrew's performance and arrest, you be the judge:

Check out my section For Buskers which has lots of information regarding busker rights.

Here is the section that every busker should know about:

Use Of The Transit System of MTA rules

Rules of Conduct Section 1050.6 (c).

(bold highlights are mine for emphasis)

(c) Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. 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 that: (1) have been licensed for any public solicitation within the preceding 12 months by the Commissioner of Social Services of the City of New York under section 21-111 of the Administrative Code of the City of New York or any successor provision; (2) are duly registered as charitable organizations with the Attorney General of New York under section 172 of the New York Executive Law or any successor provision; or, (3) are exempt from Federal income tax under section 501(c)(3) of the United States Internal Revenue Code or any successor provision. Solicitors for such charities shall provide, upon request, evidence that such charity meets one of the preceding qualifications.

Follow this link scroll to read entire 1050.6 and 1050.7

MTA Rules of performing Link from NY.GOV website

Entertaining on the Subway

The Rule which regulates the provision of entertainment on the subway is Section 1050.6 (c). Some features of this Rule are listed below. This description should NOT be considered a full explanation of all aspects of this rule, but only a brief and general summary. All persons who are interested in performing on the subway and who wish to avoid violating the law are strongly advised to contact New York City Transit beforehand to get a copy of the Rules of Conduct, as well as a more complete explanation of their requirements.

Some general rules for performing on the subway include (but are not limited to) the following:

Artistic performances on transit facilities are permitted, but only if they are in accordance with the following rules AND if they do not impede transit activities, including access to the trains and stations and the free movement of passengers. All artistic performances which violate these rules OR which impede transit activities are forbidden.

articles 2-13 read on for the rest of the rules of conduct