C.B. 2 members pound loud music in Wash. Sq.; MUSIC, continued from p. 1
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May 28, 2015
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limit music in Washington Square could potentially blow up in the board’s face. However, some leading board members say that the problem of noisy drums and late-night music has simply gotten out of hand, and that there have numerous complaints about it. A particular concern is that music being played at higher volumes — even if unamplified — is overpowering the acoustic folk music for which the park has traditionally been known. “On the one hand, there’s nothing we treasure more than freedom of expression in Washington Square Park,” stated Tobi Bergman, C.B. 2 chairperson, who grew up playing in the historic park as a kid. “On the other hand, when people can go into Washington Square Park and play very loud music, others playing quiet acoustic music can’t really do it because they’re drowned out. “At what point,” Bergman asked, “is protecting the freedom of expression of a small number of people actually preventing the freedom of expression of a much larger number of people who are being drowned out? “Percussive instruments, by their very nature — including the piano
— do tend to drown out other instruments, particularly guitars and banjos and people singing folks songs,” he noted. Another factor coloring board leaders’ thinking is that the high-profile loud acts are commercial, meaning they are busking, or collecting money, for their performances. “This is something that happens in the world anyway,” Bergman noted. “Very commercialized culture tends to drown out noncommercialized culture — which is why we so treasure the traditional, noncommercial culture of Washington Square Park.” Tic and Tac, the popular tumbling and standup comedy buskers, are accompanied by a drummer on a drum set, Bergman noted. Of course, any discussion about restricting music in Washington Square is likely to bring up the First Amendment and the protection of freedom of expression. Bergman, however, said, “I’m not 100 percent persuaded that people have a right to use public parks for commercial purposes. I’m not taking a position on that — but I’m not sure that expressing a position gives a person the right to do commercial activity in the park. “I can’t say I know what the solu-
Coyote & Crow jamming in Washington Square Park in April. An acoustic string band, they also use a suitcase bass “drum,” played with a foot pedal, but no one seems to be complaining that it’s too loud.
tion is, but there is a solution,” he assured. In a nutshell, the crux of the problem is music that is “too loud, too constant,” he said. The Parks Department a few years ago tried to crack down on busking and art vending in Washington Square Park with a series of new rules, but in the face of opposition, “backtracked,” Bergman noted. The June 3 committee meeting will allow for multiple points of view on the issue to be aired, out of which, it’s hoped some consensus ideas will emerge, the board chairperson said. “That’s what community boards are good at,” he noted, “trying to come up with those solutions.” Giving insight into where some of the stakeholders stand on the issue, the C.B. 2 Executive Committee meeting notes state, “The Parks Department will support a quiet area in the park and possible hours of limitation but won’t take the lead against music in the park. There’s a complex debate because of constitutionality / freedom of speech. Assemblymember Deborah Glick doesn’t want to restrict music and doesn’t want the debate to lead to locking the park at night. Washington Square Park is the only park without gates and this means a great deal to the community. ... No one wants
to change the spirit of Washington Square Park, but the noise is impacting quality of life for passive park use and surrounding residents.” Rich Caccappolo, chairperson of the C.B. 2 Parks and Waterfront Committee, said there have been complaints, specifically about loud, unamplified music, “trumpets at 8 in the morning, drums at 10 o’clock at night — or something like drums.” “We understand that people have a right to express themselves,” Caccappollo said, “but not necessarily at the expense of someone far away from them. “There have been ideas about what times music can be played,” he said, “quiet areas, what types of instruments can be played in certain parts of the park. “Some of the most passionate people on this issue are fans of folk musicians, who just feel it’s been drowned out by very loud music.” There are rules pertaining to amplified music, he noted, in that permits are required. But drums and other loud, unamplified instruments also need to be monitored, he said. Asked exactly how many people have complained to him or the board about loud music in WashingBOARD 2, continued on p.11 TheVillager.com