In part 1 of this three-part blog, Larry Blumenfeld discusses in Blu Note magazine the politics and the culture surrounding the finding of a common ground for musicians, music lovers, and residents in New Orleans. In Part 2 Larry discusses some key areas of interest.
- Comprehensive Zoning Ordinance (CZO): In the 1970s, the city passed a zoning ordinance that actually prohibits live entertainment in New Orleans, save for spots that are either grandfathered in or otherwise exempted (non-conforming uses) or specially designated as exceptions (overlays). “It’s a draconian ordinance,” one civil-rights attorney told me, “and a blanket over the city.”
Ethan Ellestad is coordinator for the non-profit Music and Culture Coalition of New Orleans (MACCNO), which has emerged as, among other things, a clearinghouse for information about such matters. He says that the new draft CZO is “better than the existing one, but still unfortunately limiting.”
It eliminates the definitions within “live entertainment” that would in the past have technically precluded things like poetry readings, mime performances, and a birthday party with a guy playing piano. It also better supports the booking of live music in restaurants (though it restricts those acts to three unamplified musicians, which, if you ask any trombonist, creates issues). It allows for performance venues in some sections of the Tremé neighborhood, yet prohibits them along North Rampart Street, near Armstrong Park, where there have historically been significant clubs.
More generally, the proposed ordinance maintains a basic posture of prohibiting live entertainment (including music) except where expressly permittted, mostly via specific overlays. Would it be impossible to take the opposite approach: Allow and invite live entertainment except where specifically prohibited or limited? Is that a naïve question to pose? The new CZO also does nothing to support the many venues—from the well-known Tipitina’s to smaller spots such as Buffa’s (which was the subject of recent lawsuit)—that present music as a “non-conforming use.”
Now is the time for cool and well-informed heads to take up the task of once and for all crafting a scheme that supports musicians and others personally invested in culture while also inviting smart investment in what Mayor Mitch Landrieu likes to call the “cultural economy of New Orleans.” It’s worth noting that the current scheme of ordinances creates a chilling effect (through the ongoing threat of lawsuits and the essentially tenuous nature of legality) on ownership of a performance venue for all but the most high-powered national franchises (who can afford such risk) and the lowest-common-denominator proprietors (who will ignore it).
- Noise Ordinance: During the several months recently when the New Orleans city council revisited this ordinance, there was an effort to rename it as a “sound ordinance,” which sounds, well, gentler. But it’s clear that such an ordinance is needed to mediate between homeowners and businesses that deem even beautiful music as unwanted “noise.” That sounds right: Property owners have rights and reasonable expectations.
Most of the lobbying and legislating recently around this issue has centered around setting acceptable decibel-level limits to sound—a laudable goal that has given rise to some fascinating science (chiefly from David Woolworth, whose Oxford, Miss.-based firm was hired to consult) and to some serious local infighting. After the city council proposed a revision to these ordinances shortly before Christmas, a loud public outcry culminated in rally that filled council chambers with musicians playing hymns in protest.
That ordinance draft was shelved. Months later, the council revisited this and related ordinances, with much detailed public discussion in its chambers, but the council ultimately did not act on a carefully negotiated revision. It’s time for the new council (seated in May) to revisit this and act conclusively.
Perhaps more to the point for musicians and their supporters, the revised ordinance that did not pass would have accomplished two citywide goals:
- Decriminalizing violations to the sound ordinance (subjecting musicians and others to fines but not to potential arrest)
- Rescinding Section 66-205 (curfew), which states: “It shall be unlawful for any person to play musical instruments on public rights-of-way between the hours of 8:00 p.m. and 9:00 a.m.”
The recent skirmish over noise and related ordinances was in fact largely sparked by an incident in 2010, when the TBC Brass Band was served notice by police shortly after setting up shop, just as they’ve been doing most Tuesdays through Sundays since 2002, on the corner of Bourbon Street and Canal, in front of the Foot Locker store. The band had run afoul of Section 66-205.
Never mind that many tourists come to New Orleans with the specific expectation of happening upon musical instruments being played on street after 8pm. And never mind that City Attorney Sharonda Williams argued in May before the city council that the curfew is unconstitutional. (Williams explained that the present law is inconsistent with Supreme Court precedent establishing music as protected speech in the first place, and that any restrictions on such need be “content neutral and narrowly tailored.” She said, “The concern here is that this is about musical instruments. It’s not even about music in general. It is not about recording music. It is not about sound. It’s about a particular class of people.”)
It’s time to do away with Section 66-205 as one specific element of an overarching cultural policy for two reasons: To eliminate an unenforceable law, and to signal a respectful intent. (I’ll never forget this comment to me from Hot 8 Brass Band tuba player and leader Bennie Pete, during a 2007 interview: “We can sugar coat it all kinds of ways, but the truth is that the police look at us brass-band musicians as uncivilized. That’s why they’re trying to confine us.”)
