{"id":69700,"date":"2019-01-10T12:01:18","date_gmt":"2019-01-10T17:01:18","guid":{"rendered":"https:\/\/dcmusicreview.com\/staging\/?p=69700"},"modified":"2019-01-12T12:40:30","modified_gmt":"2019-01-12T17:40:30","slug":"council-of-dc-fails-music-community-with-new-amplified-noise-amendment","status":"publish","type":"post","link":"https:\/\/dcmusicreview.com\/staging\/council-of-dc-fails-music-community-with-new-amplified-noise-amendment\/","title":{"rendered":"Council of DC Fails Music Community With New Amplified Noise Amendment"},"content":{"rendered":"

A newly released version of the Amplified Noise Amendment Act<\/strong>, legislation introduced by Councilmembers Jack Evans<\/strong>, Anita Bonds<\/strong>, and Mary Cheh<\/strong> that targets D.C.’s buskers, noticeably ignores every substantive change the music community requested after a summer of meetings and sound tests with Chairman Phil Mendelson<\/strong> that appeared productive at the time.<\/p>\n

\"\"<\/span><\/p>\n

When the Council of D.C.<\/strong> put the brakes<\/a> on the original emergency legislation after public outrage<\/a> in July, there seemed to be some hope for working out a more fair and just set of rules governing street performances. At a Committee of the Whole Public Hearing<\/a> in October, it seemed like the Councilmembers were fairly open to some suggestions included in a revised bill<\/a> written by members of the music community and released by Listen Local First<\/strong>. However, the new version introduced on Tuesday gives the impression that those pleas fell on deaf ears, and that the countless hours spent working with the Council were nothing more than a frustrating  waste of time and energy.<\/p>\n

One of the most heinous provisions of the bill, the “plainly audible” at 100 feet standard, is so vague that it is sure to leave performers and law enforcement in states of uncertainty and apprehension. Members of the music community requested a more clearly defined standard based on decibel levels that would be easier to comply with and fair to both sides of the issue. When commuters receive a speeding ticket, they know exactly what it was for and they knew exactly what they had to do to avoid it. The $300 fine that would be imposed if this legislation were to pass would be based solely on the perception of law enforcement. It is the kind of vagueness that allows for biases to dictate an interaction between law enforcement and the public.<\/p>\n

At no point during the latest committee hearing did the Chairman’s office or any other council member’s raise issue with the concept of a decibel limit itself nor did they seem set on the “plainly audible” standard. In fact, Chairman Mendelson went so far as to say “100 [decibels] seems like the right amount,” when questioning the only certified sound engineer to testify at the hearing, Graham Smith-White<\/strong> (click here to see video of this exchange<\/a>). <\/strong>As the sound engineer involved in the tests over the summer and a 20-year veteran of the music industry, Smith-White<\/a> recommended a 110 decibel limit and spoke out forcefully against the “plainly audible” standard, saying, “It’s an egregious standard to meet because it attempts to dictate through legislation phenomena which run counter to the nature and universe of physics. Sound simply does not work this way.” As for the burden it places on performers, he told the committee, “This creates a generally non self-policeable situation. The musicians are unable to know whether they are in violation or outside of the standards.”<\/p>\n

Another section of the bill makes it illegal to use gas generators except for construction purposes, special events (which come with a fee of $330 per day), and licensed or permitted events. Up until only a few years ago, musicians could get power  at Metro stations directly from outlets that have since been sealed off, forcing them to use power generators instead. Listen Local First and the coalition of musicians, activists, and experts involved in the meetings and testing requested the reopening of those outlets. That request was summarily ignored.<\/p>\n

An exemption meant to protect free speech rights in the case of protests leaves open a hole so big you can drive a train of quiet cars through it. The new bill requires political demonstrations to be “conducted pursuant to a permit issued by the Metropolitan Police Department,” in order to qualify for the exemption.  The more spontaneous and organic protests, which can be powerful tools for change and which often occur with no real leadership structure, happen without permits and could face an added threat of fines for being “plainly audible” 100 feet away.<\/p>\n

While introducing the legislation on Tuesday<\/a>, Councilmember Evans said, “what this bill does is attempt to find a middle ground,” but it is unclear what compromise he believes is included in the new version. As of this time, none of the sponsors of the bill have returned a request for comment, though Councilmember Evans office did tell us that the bill still needs a  markup where changes and member comments can be made.<\/p>\n

Kymone Freeman<\/strong>, the co-founder of We Act Radio<\/strong>, told us upon hearing about the new version, “This is another example of the DC government proving its hostility towards the long established art community at the behest of new wealthy residents seeking suburban amenities downtown. Despite the appointment of a Director of the Mayor’s Office of Nightlife and Culture, it is apparent that they want a punitive, sanitized & censored participation by traditional street musicians at the approval of their wealthy constituents.”<\/p>\n

Dior Ashley Brown<\/strong>, of the dAB Band<\/strong> and one of the organizers of opposition to bill, voiced similar disappointment:<\/p>\n

I implore artists of the District to fight for their voice!<\/p>\n

DC is and has been a vocal town of Marches, Musicians, and Speakers. We were never turned down. And we cannot allow ourselves to be muted.<\/p>\n

Our native music: Go Go, our creative spaces, and now our buskers continue to be threatened. Siphoned is the culture but not embraced, valued, or protected. We as well are government workers, businesses, and residents who contribute greatly to the economy and the city\u2019s zeal.<\/p>\n

Leaders of the DC Music Community came together to implement ideas to make fair and balanced the Amplified Noise Act\u2019s opposition, preparing a plan of how we allcould meet in the middle. But our voices are challenged by those again with bigger budgets, and so here we are again without consideration.<\/p>\n

Music is one of the most powerful things we have in the District. It is the one thing that blurs the further division of status, and dismantles discrimination truly bringing us together. We need to stop this act which impedes on our rights now, because this is only the beginning of the intrusion.<\/p>\n

Read the newly introduced version of the bill:<\/h4>\n

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A newly released version of the Amplified Noise Amendment Act, legislation introduced by Councilmembers Jack Evans, Anita Bonds, and Mary Cheh that targets D.C.’s buskers, noticeably ignores every substantive change the music community requested after a summer of meetings and sound tests with Chairman Phil Mendelson that appeared productive at the time. When the Council of […]<\/p>\n","protected":false},"author":4,"featured_media":69708,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","ngg_post_thumbnail":0,"footnotes":""},"categories":[8668],"tags":[13163,8619,8622,13162,1927,4506],"class_list":["post-69700","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-community-news","tag-amplified-noise-amendment-act","tag-amplified-noise-amendment-act-of-2018","tag-city-council","tag-council-of-dc","tag-dc","tag-washington","post-wrapper","thrv_wrapper"],"yoast_head":"\nCouncil of DC Fails Music Community With New Amplified Noise Amendment<\/title>\n<meta name=\"description\" content=\"A newly released version of the Amplified Noise Amendment Act, legislation introduced by Councilmembers Jack Evans, Anita Bonds, and Mary Cheh that\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, 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