Street performers will be allowed on the cruise ship dock and in other public places under a busking performance policy issued by the Haines Borough last week.
The policy is good news to Mark Carroll, one of the musicians who raised questions about busking and wants to play at the dock.
The borough revised the policy early this week after Mike Denker, a local constitutional watchdog, raised questions about a section of the policy that musicians’ lyrics be “appropriate for all ages,” citing First Amendment protections of speech.
Denker said the revisions – that include “encouraging” lyrics that are appropriate for all ages – may not go far enough toward meeting constitutional requirements.
The borough’s guidelines include that performers must stay 200 feet from schools, clinics and homes, and churches during services and funerals, “and in public areas excluded by the borough manager.”
Hours are limited to between 9 a.m. and 9 p.m.
Performances are allowed on the dock during dockings “as long as buskers are considerate of other nearby performances, vendors and do not impede the point of embarkation nor violate the port security zone.”
The policy says buskers may not actively solicit donations, but a donation container is permitted. Amplification is prohibited. To sell CDs, buskers must have a business license and lyrics must be “appropriate for all ages.”
Carroll said the lyrics limitation wouldn’t apply to him. “It might have something to do with rap-style stuff that’s inappropriate for young people. I’m kind of a good, old-time, wholesome kind of act.”
In a 19-page legal memo sent to the borough Monday, Denker cites U.S. Supreme Court First Amendment rulings and said the borough’s lyric restriction would fall outside of restraints on speech the court has allowed.
“…The Haines Borough fails to have the sufficient justification required by the Supreme Court to infringe upon the First Amendment rights of free speech and expression in traditional forums such as sidewalks and parks,” Denker wrote.
Denker said this week he was still unsure about language encouraging certain lyrics. “When you encourage one type of content, you discourage another kind of content. The problem is they mention ‘appropriate for all ages.’ That gets sticky.’”
Denker said language about the manager excluding some public areas also was a concern. “The government is very restricted in what it can restrict in content and viewpoint of expression in traditional public forums, such as parks and sidewalks.”
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